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Having problems with HSBC vehicle finance and a contract hire agreement.
So on delivery of the vehicle, the seats (leather and colour) that I had ordered were incorrect.
The contract stated correctly what i had ordered and was paying extra in my monthly premium for these seats.
Due to a mix up with the manufacturer Mercedes and HSBC ordering dept - they had put in the standard seats.
The Mercedes dealership that HSBC order from agreed to change the seats at their own cost.
When the vehicle was delivered back with the correct seats - the heating elements in the seats hardly got warm, and also the seat belt alarm constantly activated even when no passenger was seated. The seat also failed to open and as this vehicle is a hatchback made it very difficult to use the back seats getting in and out - a big health and safety issue!
I have made numourous complaints to HSBC vehicle finance and mercedes, and after weeks of being basically 'in the middle' and infact having to pass messages and documents from one to another - HSBC Vehicle finance agreed to have the vehicle looked at by my local Mercedes Official Dealership - they reported back that the leather used in the seat was not Mercedes approved or Mercedes standard leather and of poor quality, that the seat filling had been removed in some areas, that the leather had been stretched so tight it changed the look of the seats and damaged the heating elements to the heated seat function and the locking mech of the seat was broken.
Mercedes showed me what the seat should look like in a matching vehicle from the showroom - the seats in my car look old and worn after just 3 months.
The dealership who investigated these problems advised that the best method of correction was to replace the seats.
Since the delivery of the Vehicle I have refused to pay my monthly payments until the vehicle is delivered to what I had ordered and of the Mercedes standard I was expecting.
HSBC vehicle finance have refused to do anything about the seats and the other seat problems until I pay in full what i owe.
I have explained to them that they have not delivered what i had ordered and that the vehicle has faults.
I have also had to rent a car as I do not feel safe locking people in the back with only one exit.
I have said to them I am willing to agree a certain monthly amount as I have used the vehicle over the last 3 months - but do not feel that I should pay the upfront deposit or the full monthly payment until the vehicle is put right and as I have had to rent an extra vehicle i want this reimbursed.
I would like some advice on the consumer law in this - and what my options are?
Many Thanks in advance!
J
You should never stop payment. They can default you or even go to court to get the payments outstanding.
Get a bill for Merc replacing the seats (pay for them yourself if you can afford), send the bill to HSBC with a demand for payment within 14 days or you will take legal action to recover.
Although it was an order, the delivered car comes under 'misdescribed'.
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HSBC Vehicle Finance
vehicle finance and a contract hire agreement.
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