Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I purchased ased BMW from a Non BMW dealer in Oct. Its was financed by HP.
The day after collecting the vehicle whilst going through the documents i noticed it did not have a FBMWSH it was advertised with over the next day or so i found faults (mechanical and electrical) with the vehicle.
It took me 2 months for the dealer to inspect it, when i got it back the only one of the 6 faults had been fixed (rear brakes)
I week later the car was driving funny so i took it to a garage and was told the rear wheel bearing was knackard and it was not safe to drive (even home).
January i contacted the finance company and started a formal complaint, having gotten then a price from BMW to fix the faults and my costs come to around £1200, the car was only 4k so there saying they want to cancel the agreement return the car and refund me my money.
They have wrote several times to the dealer without any proper response, i was informed today that they have requested the dealer collect the vehicle from me and to cancel the sale (he has not responded) what they are saying to me is if he doesnt response they wont collect the vehicle or refund my money and i will have to sue them in order to get an outcome
Is this correct?
What are my rights under the HP, do i still have to keep paying for the vehicle? do i still have to insure it?
Well your contract is with the dealer that sold you the car and it is him you should be pursueing for the refund of the monies; you seem to have the HP company on your side which is very good, as it is their car really.
You need to formally reject the car by writing to the dealer, this could be why they are delaying. once rejected you should not use the car. copy everything to the HP co.
Now if the dealer does not respond you start legal proceedings against the dealer and the HP company, they will be jointly liable. keep talking to the HP company by email or letter not phone to keep records of what has been discussed and/or agreed.
ok cheers i initally thought the liability was "joint and several" but was informed via Consumer Direct that the finance company was liable and they then persue the dealer
Sorry confirm that the HP was with a separate company and not done through or by the car dealer
What are my right under HP Agreement
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