Mazda 6 - Cancelled Direct debit - wrong choice? - Med

Hi everyone,

I am in a huge dispute with Mazda, my solicitor advised me 5 months back to immediately stop my payments to the finance department & at the time i thought great! my car is useless sitting on my drive so why should i pay for it.

Only until a few days ago, he had messed everything up, tried to get in contact with him for over 2 weeks and then found out he got the sack! had a big argument with the company and now i have a so called "reliable" solicitor on board which told me the old solicitor had made a huge mistake on telling me to stop paying.

he now advised me that i should start paying again, but more on top to cover my arrears. But the dispute will still continue and be classed as Payment under Dispute.

What do you guys think of this? i mean, my credit history is already gone bad because of this right?

Thanks.

Mazda 6 - Cancelled Direct debit - wrong choice? - Avant

(For anyone looking at this, the context is the OP's dispute with Mazda over engine failure which is explained at length on the current Mazda 6 thread in the technical section.)

Med, your problem is that your contract with Mazda's finance division is for the supply of the car, which you have breached by stopping your payments. I can appreciate why you did so, but the law will see your dispute over the quality of the car being a separate issue, which you are of course right to pursue - but with the dealer who supplied the car, not with Mazda UK. Your rights under the Sale of Goods Act as a consumer are against the person who supplies the goods.

I'm sure you feel morally that Mazda is to blame - I agree - but the law doesn't see it like that. You may think the law is an ass - but the alternative would be to have people with a grievance suing everyone right left and centre who they think is to blame for their problem.

I'm sorry but I agree that you were badly advised by your original solicitor.

Edited by Avant on 12/04/2010 at 00:29

Mazda 6 - Cancelled Direct debit - wrong choice? - Falkirk Bairn

Section 75 of Finance Act - applies to Credit Card & HP

Supplier & Finance Company are jointly liable for the supply of items between £100 and £30000.

Mazda 6 - Cancelled Direct debit - wrong choice? - E.Patterson - Motoring Lawyer

You need to go back to the old solicitor's firm and tell them that you are considering pursuing them for the negligent advice that he gave you. You need to consider a report to the solicitors regulatory authority. You will have suffered a loss if your credit rating has been damaged. There is a lot of this around at the moment Im afraid and the proffessionhas been completely over zealous in telling people that stopping payment wont affect their credit ratings. It normally does.

Mazda 6 - Cancelled Direct debit - wrong choice? - Med

That's the thing, i don't know who to trust. I was going to go with another solicitor but then word of mouth told me not to.

The solicitor that messed things up is apparantly got the boot, the new guy who is a co-director seems to be ok but then again that's what i thought about the first solicitor. If i go to another solicitor my legal insurance wont be happy if i change and thats the thing im more worried about.

The new solicitor has advised that we have a meeting to discuss everything and that i should be prepared to re-pay my arrears and continue with my normal payments but my credit would be messed up as a result of what the previous solicitor told me. You see, on one hand i want to keep the company happy & on the other hand i would love to complain and get my credit back.

I am stuck, because he has now promised me a result but the conclusion of the bad advice is that my credit is now poor which it used to excellent! how can i now even get a mortgage in the future or a credit card for that fact just because of some stupid advice.

Thanks for all your replies.

Mazda 6 - Cancelled Direct debit - wrong choice? - Med

Hey,

A quick question. Do you think i should come to a new agreement with Madza credit in terms or repayments? on the basis i stopped paying due to wrong legal advice.

Thanks.