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Jamie-Law
Jamie-Law, Solicitor
Category: Law
Satisfied Customers: 4640
Experience:  Solicitor
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I purchased a Jaguar it had many faults and was replaced. I

Resolved Question:

I purchased a Jaguar it had many faults and was replaced. I was told by the dealer that they wouldn't be charging me any usage charge because of all the issues.
the car was financed through Jaguar Finance .
The car was delivered and replaced the 1st car in the PCP agreement.
The second car and Jaguar finance are terminating the agreement due to similar faults they have asked me to pay a usage charge on the second car which i have no problem with but they aso want to charge me over 4k for usage of the 1st car.
Submitted: 28 days ago.
Category: Law
Expert:  Jamie-Law replied 28 days ago.

Hello my name is ***** ***** I will help you with this.

Wha is it you want to know about this today please?

Customer: replied 28 days ago.
do i have any claim to not pay the usage fee
Expert:  Jamie-Law replied 28 days ago.

What did the ombudsman say and on what basis?

Customer: replied 28 days ago.
Last email from Ombudsman
I explained before that the business is allowed to charge you something for the fact that you had use of the car. Instead of keeping all the payments you have made towards the car, it is offering to refund some of it (minus the costs for usage).We would expect them to charge you something for having benefit of the car under the agreement.You said that you wouldn’t have taken the second car if you had known that they would charge this fee. Even if you refused to take the second car and wanted to reject the first car and end the agreement, Jaguar still would have charged you something because you had used the car and had benefit from it.Your argument is that you thought you wouldn’t be paying anything for the first car when it was replaced. The point I am making is that you had already made payments towards this car because you were making monthly payments. When you took the second car, Jaguar never offered to refund all the payments you made under the first car – it was understood that Jaguar would keep these payments. Now that the agreement has ended, Jaguar is offering to refund part of the payments you have made. This isn’t unfair – in all the cases I have seen where a car was rejected under a hire purchase agreement, the business will charge something because the consumer has had use of the vehicle under the agreement.My position on this complaint won’t change on this. What you are asking is for Black Horse to give you the usage on the first car for free, which I don’t think is fair to the business. It is now up to you whether you would like to accept the offer or request an ombudsman to review the complaint and issue a final decision. It’s worth noting that the ombudsman will be looking at the same facts that I have already considered – please let me know whether you would like for me to escalate this complaint.You said that you would like to give your response by 31 August – I have extended the deadline until then so please get back to me before then. If you have any other questions, please let me know.
Expert:  Jamie-Law replied 28 days ago.

Ok. So the finance company are not charging you for the vehicle payments, it's just use you are being asked to pay?

Customer: replied 28 days ago.
charging usage which i have no problems with car no 2 its the 1st car as i was told that i wouldn't be by dealer
Expert:  Jamie-Law replied 28 days ago.

Did they put that in writing? How much is being claimed?

Customer: replied 28 days ago.
163;4,500 on first car
Expert:  Jamie-Law replied 28 days ago.

Ok. So payments for both cars have been refunded?

Customer: replied 28 days ago.
No let me find letter and scan and send to you
Expert:  Jamie-Law replied 28 days ago.

Ok, but remember to black out your personal details.

Customer: replied 28 days ago.
please see attached. in the 3rd line i think she missed a 9
Expert:  Jamie-Law replied 28 days ago.

I agree, I think they have missed a 9! So you object to 45p a mile?

Customer: replied 28 days ago.
on the first car as the dealer replaced that car at no charge to Jaguar finance and told me he wouldn't be charging me useage because of all the issues I had
Expert:  Jamie-Law replied 28 days ago.

But did you get that confirmation in writing there would be no charge on the first car?

Customer: replied 28 days ago.
no just verbal but nobody told me there would be a charge if i rejected the second one
Expert:  Jamie-Law replied 28 days ago.

You need to write and set out your losses and request a refund of the charge within 14 days or say will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Customer: replied 28 days ago.
I still have the car as i have 6 months to accept there offer, what should i do
Expert:  Jamie-Law replied 28 days ago.

Accept under protest then seek to claim the sums deducted back.

Does that clairfy?

Customer: replied 28 days ago.
Do you think i stand a chance of success ?
Expert:  Jamie-Law replied 28 days ago.

It's going to be hard as you have had use, but I think you have an arguable case.

Does that clairfy?

Jamie-Law and other Law Specialists are ready to help you
Customer: replied 28 days ago.
163;4,500 its a worth a try thanks for your help.
Expert:  Jamie-Law replied 28 days ago.

I thought that too.....