Engine mount snapped in my Fiat 500 2011 Lounge

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Engine mount snapped in my Fiat 500 2011 Lounge

Hello,

I have spoken with Fleet car who said they are waiting to hear back from HPI regarding the write off of the car.

They have said once they have had their response there are two options

option 1- the car is confirmed as written off, they claim on their insurance to give me money back (no mention of how much, I presume the full amount?)

option 2- the car is not classed as a write off (does anyone know if this is likely?) - they offer me a repair on the car or offer to buy it back. If they buy it back I have requested that by least my finance is paid off AND a reasonable deposit towards a new car, they suggested that they take £150 off the value of the car for every month I've had it, bearing in mind I've not had use of the car for the last 5 weeks too! I don't think that is reasonable, I have done 2500 miles in the car in 5 months, I hope we're making progress here, but now it all lies with HPI.

That seems rather (read, surprisingly) reasonable to me, even option 2 (assuming you can successfully argue that actually you've had it for 5 months - total time in garage/out of use.

Unfortunately you're just not going to get the full price back as you have had use of the car (assuming option 1 doesn't materialise). This also applies (to peoples immense surprise, it often seems) when people reject new cars after months of use.

I'm also struggling to see why you should get "a reasonable deposit towards a new car", though perhaps you could argue you're owed a little (perhaps less deduction?) if a courtesy car wasn't supplied. However, that might fall under "consequential" damages.
 
That seems rather (read, surprisingly) reasonable to me, even option 2 (assuming you can successfully argue that actually you've had it for 5 months - total time in garage/out of use.

Unfortunately you're just not going to get the full price back as you have had use of the car (assuming option 1 doesn't materialise). This also applies (to peoples immense surprise, it often seems) when people reject new cars after months of use.

I'm also struggling to see why you should get "a reasonable deposit towards a new car", though perhaps you could argue you're owed a little (perhaps less deduction?) if a courtesy car wasn't supplied. However, that might fall under "consequential" damages.
Yes I see your points, I don't know, this whole thing has just been one huge inconvenience and only now in the 5th week are we actually making some progress so I feel it's the least they could do considering it's taken them this long to actually propose a resolution. At the end of the day it's my finance that needs covering, as I'm still paying for a car that is currently no good to me, and after all of this, I'm still going to need a new car so having something left over from their payment is something I'm expecting, more so than hoping.
 
I thought its already been established its not recorded so wont be on hpi, show fiat the options and suggest they pay the amount lost for option 2 :idea:
Fiat put me in touch with FGA capital, the person who I need to speak to is out of the office until Wednesday. Will call tomorrow.
 
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Unfortunately you're just not going to get the full price back as you have had use of the car (assuming option 1 doesn't materialise). This also applies (to peoples immense surprise, it often seems) when people reject new cars after months of use.

Depends how much Fiat want to play ball, she's had use of a potentially dangerous car, not just a normal car ;)
 
Depends how much Fiat want to play ball, she's had use of a potentially dangerous car, not just a normal car ;)

Surely if the OP has been sold a dangerous car (and can prove it- from what has been said so far there's nothing potentially dangerous about the car, "just" an undeclared write off, arguable bodging of a few parts (radiator cowling mentioned) and a falsified service history) it then becomes a much more serious situation and talk of "informally" solving it between the OP and the garage goes out the window. Note it is not FIAT proposing the two solutions Ellie posted above.

However, in the OPs position I'd be wanting to get shot as quickly as possible, and whilst it sucks to lose a few hundred quid (if that, as the solution isn't set in stone just yet) I'm not sure I'd want to take on the hassle of inspections, expert opinions, solicitors (at a cost of the amount potentially at stake after one or two letters), involving trading standards and potential court action.

If the dealer was saying "tough, sod off" and the car was demonstrably unsafe then perhaps such a course of action would be justified.
 
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Surely if the OP has been sold a dangerous car (and can prove it- from what has been said so far there's nothing potentially dangerous about the car, "just" an undeclared write off, arguable bodging of a few parts (radiator cowling mentioned) and a falsified service history) it then becomes a much more serious situation and talk of "informally" solving it between the OP and the garage goes out the window.

Not really, if they're willing to resolve quickly and meet OP's terms then jobs a goodun, no need to string it out longer than necessary.
 
Ellie, that is great news, and realistically a better offer than I would have expected.

Regarding the write-off, the car will only show as written off on an HPI check if it has been recorded on the MIAFTR database. If it wasn't recorded because of a clerical error, it should now be reclassified and your car will be treated as written off. If it wasn't recorded because the car was sold as unrecorded salvage, then I don't think it will be reclassified as a writeoff now.

I expect there may be some fudging in the background between the various parties, but the important thing is that you come out of this with a fair settlement.

Whoever settles this will be entitled to deduct something for the use you have already had from the car. This would apply regardless of how many miles you might or might not have done, but you should not be charged anything for the time after the car broke down. IMO £150 per month is reasonable providing that you get the finance payments you have already made refunded in full, but there is nothing to stop you from suggesting a lower figure. You should get your full deposit back.

You probably don't need to be advised not to accept an offer of repairing your car! If you can walk away from all this for a few hundred pounds, I'd do it at the first opportunity.

if a courtesy car wasn't supplied

If you didn't get a courtesy car, they shouldn't deduct anything for the period after yours broke down. If they gave you a courtesy car, they could claim a deduction for the time you had it.
 
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Ellie, that is great news, and realistically a better offer than I would have expected.

Regarding the write-off, the car will only show as written off on an HPI check if it has been recorded on the MIAFTR database. If it wasn't recorded because of a clerical error, it should now be reclassified and your car will be treated as written off. If it wasn't recorded because the car was sold as unrecorded salvage, then I don't think it will be reclassified as a writeoff now.

I expect there may be some fudging in the background between the various parties, but the important thing is that you come out of this with a fair settlement.

Whoever settles this will be entitled to deduct something for the use you have already had from the car. This would apply regardless of how many miles you might or might not have done, but you should not be charged anything for the time after the car broke down. IMO £150 per month is reasonable providing that you get the finance payments you have already made refunded in full, but there is nothing to stop you from suggesting a lower figure. You should get your full deposit back.

You probably don't need to be advised not to accept an offer of repairing your car! If you can walk away from all this for a few hundred pounds, I'd do it at the first opportunity.



If you didn't get a courtesy car, they shouldn't deduct anything for the period after it broke down.
Yes thank you John, exactly what I'm hoping for!!!! I'm honestly really grateful to everyone here, where would I be without your advice??? We'll see how we get on the next few days, we're expecting to hear from HPI by tomorrow.

No courtesy car offered / received, so will stand by my guns for that one.
 
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My feeling is slightly different.

Fleet, having bluffed and blustered and generally stonewalled up till now, wriggling every which way to get off the hook. They are not going to change their spots overnight. I get the feeling they're being leaned on to make this offer, and if Ellie seems too keen to grab it I suspect they'll begin hedging again and wrapping it around with conditions. They have not the slightest intention of losing on this deal.

Although this step is welcome, and going in the right direction, it is still just one step.
The publicity line should be pursued without letup, and the pressure should continue unabated, as originally suggested. This news is not the time to slack off - rather, it is time to turn the screws.

If everything goes smoothly to Ellie's satisfaction from now on I will be very surprised. It is still a fight against a stubborn and reluctant car dealer.

The battle is not won till it's over.
Good news Ellie, but watch your flank.

Sweetsixteen.
 
Yes thank you John, exactly what I'm hoping for!!!! I'm honestly really grateful to everyone here, where would I be without your advice??? We'll see how we get on the next few days, we're expecting to hear from HPI by tomorrow.

No courtesy car offered / received, so will stand by my guns for that one.

Ellie, one final thought - make sure you get a full and final settlement figure from the finance company before you accept any offer from Fleet Car Sales.

Before you sign anything, you need to know exactly what you will get back after you have been released from the finance agreement.
 
My feeling is slightly different.

Fleet, having bluffed and blustered and generally stonewalled up till now, wriggling every which way to get off the hook. They are not going to change their spots overnight. I get the feeling they're being leaned on to make this offer, and if Ellie seems too keen to grab it I suspect they'll begin hedging again and wrapping it around with conditions. They have not the slightest intention of losing on this deal.

Although this step is welcome, and going in the right direction, it is still just one step.
The publicity line should be pursued without letup, and the pressure should continue unabated, as originally suggested. This news is not the time to slack off - rather, it is time to turn the screws.

If everything goes smoothly to Ellie's satisfaction from now on I will be very surprised. It is still a fight against a stubborn and reluctant car dealer.

The battle is not won till it's over.
Good news Ellie, but watch your flank.

Sweetsixteen.
Thank you Sweetsixteen, the conversation was pretty heated when Fleet were discussing the options, we will have a lot of input in the final figure they are going to pay (I hope!)
 
HPI have come back to say the car isn't a write off, I'm asking the question of written proof.... now what :(
 
Ok so the car never was written off... that's finally clear and should be good news to everyone. Time to repair the car properly (hopefully at the Fiat garage), give it a full service and move on somehow. Plenty of cars get damaged and repaired, and if you know the score and are happy with it then it should not really be a problem.

The real issue seems to be about costs / payment, and who (if anyone) is responsible for what... Clearly the OP thought she was buying a perfect car with a clean history for a fair price, and due to the reality of the workings of the motor trade that is not what she got. The best situation I see would be for Fiat to negotiate a discount deal for repairs with the Fiat dealer, and Fleet cars to pay for this so that the customer gets a repaired, roadworthy car with a legitimate Fiat service record. Then the OP would have what she expected in the first place...
 
HPI have come back to say the car isn't a write off, I'm asking the question of written proof.... now what :(


Just called HPI myself for written confirmation and they said the investigation in still on-going and they told the garage that today so I'm not sure why they would have told you otherwise.

Looks like we're still in limbo here!!!
 
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Ellie,

Looks like continual pressure is at last starting things moving, but just a cautionary note -
Are you keeping an updated chronological record of all this? Verifiable facts only.
If it goes belly up, that will be the first thing you'll need.

Here's hoping. You've certainly stuck at it!
Big party soon?

Sweetsixteen.
 
Just called HPI myself for written confirmation and they said the investigation in still on-going and they told the garage that today so I'm not sure why they would have told you otherwise.

Looks like we're still in limbo here!!!

What has happened to the second part of Option 2?

option 2- the car is not classed as a write off (does anyone know if this is likely?) - they offer me a repair on the car or offer to buy it back.

If that is still on the table, it seems to me to be the best way to resolve this.

Ellie, keep it simple. Add up what you've paid out (the deposit and all the payments you've already made to the Finance Company), then subtract £150/month for the time you bought it to the time it stopped working. Tell both Fleet Car Sales and the Finance Company that you'll accept this as a full and final settlement if they'll take back the car, release you from the finance agreement, and pay Fiat Aldershot's bill for inspecting and storing the car.

Tell them you don't want to be out of pocket by more than the £150/month Fleet Car Sales have already suggested as a fair deduction for the time you've had the use of the car.

Ok so the car never was written off... that's finally clear and should be good news to everyone. Time to repair the car properly (hopefully at the Fiat garage), give it a full service and move on somehow. Plenty of cars get damaged and repaired, and if you know the score and are happy with it then it should not really be a problem.

The real issue seems to be about costs / payment, and who (if anyone) is responsible for what... Clearly the OP thought she was buying a perfect car with a clean history for a fair price, and due to the reality of the workings of the motor trade that is not what she got. The best situation I see would be for Fiat to negotiate a discount deal for repairs with the Fiat dealer, and Fleet cars to pay for this so that the customer gets a repaired, roadworthy car with a legitimate Fiat service record. Then the OP would have what she expected in the first place...

No, she won't.

She expected a clean, undamaged car - this one has obviously been in a significant accident, and no amount of repairs will ever change that. I think it's perfectly reasonable to say that Ellie will never have confidence in this car, however much rectification is done now.

Selling unrecorded salvage, repairing it and subsequently moving it on as a clean car happens every day. If done to a safe and roadworthy standard, it's not unlawful - but that doesn't make it right. There are gaping holes in a system Ellie thought she could rely on.

Anyone who's followed this thread will know by now that a clear HPI check is no guarantee against buying a car that's been significantly damaged and repaired. Speaking personally, I'd like to see that changed.
 
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Ask fiat to wright it off pay you out then buy it back off them for half it's value :D
 
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Don't forget service history is fake, even if repaired there is still a issue to resolve.

Personally a buy back less £150 a month for time used is pretty reasonable, unless HPI pay out in full. If that happens I would expect a better deal as garage will be paid back.

Still all seems odd as finance companies don't write off cars, insurance companies do.
 
Selling unrecorded salvage, repairing it and subsequently moving it on as a clean car happens every day. If done to a safe and roadworthy standard, it's not unlawful - but that doesn't make it right. There are gaping holes in a system Ellie thought she could rely on.

Anyone who's followed this thread will know by now that a clear HPI check is no guarantee against buying a car that's been significantly damaged and repaired. Speaking personally, I'd like to see that changed.

I've been following this thread for a while and empathise completely with Ellie. Even with 20 years' of motoring experience, a few years ago I managed to end up with a Ford Ka bought from a main dealer that had been botch repaired. The agreed settlement, after 6 months of wrangling!!, was pretty much as Ellie's option 2, which I think is actually a reasonable deal.

I later found out the car was then sent off to auction by the main dealer for an unsuspecting buyer to discover the issues.

On a side note, it is good to see the forum providing positive support to someone rather than bickering.
 
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