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 do have a bad credit history so I needed to find a company that would deal with me and First Response have been very good. They put me in touch with a dealer whos stock fitted my criteria, I found a car, test drove it (all good) and the deal was done. When I collected the car there was a problem starting it, it turned over for too long before firing, anyway I told him I wasn't happy with it but he said give it a blast on the motorway and if its still the same bring it back and we'll sort it, so I took it away and when I got it home noticed that there was a clutch fluid leak and the biting point was about 1 mil of the floor (hydraulic clutch-Zafira A) anyway I told him and took it back the next day... well it will be 2 weeks on Friday, I have started paying First Response and I'm not happy... I'm sure that when I go back the clutch won't have been rectified but that's by the by
My questions are....
What cancellation rights do I have?
Can I take the vehicle back and ask for First Response to request there money back?
I am happy with First Response and know that a more reputable garage near me deals with them so where do I stand if I just want to cut my losses and go to another garage whilst staying with First Response?
I think that 2 weeks is going to be enough time to give the dealer to rectify the problems... am I right?
If the car hasn't been repaired to your satisfaction when you next visit - and that should be tomorrow - you can reject the car for a full refund. A rejection must be done in writing, so if you aren't satisfied at the visit, return home and write a letter listing the problems and that you are rejecting the car under the Sale of Good Act and the Sale and Supply of Goods to Consumer Regulations.
Is this a hire purchase agreement as opposed to a car loan?
Is this a hire purchase agreement as opposed to a car loan?
Yes... do I still have the same rights? I have spoken to the finance company and told them that after going to pick the vehicle up today after being told all problems had been rectified I found that there was still a clutch fluid leak. I told them that I wanted to reject the vehicle as I had lost confidence in the car and the dealer. They have said they will need to approach the dealer and ask for there money back but said that he should be given the chance to fix the problems... haven't I just done that?
When I first spotted the leak he said he'd asked his mechanic to bleed the clutch so it was probably just the bleeding nipple that was leaking. But after having the car for 12 days it was still leaking when I went to collect the allegedly fixed car today. When I left the vehicle with him today he said he'd get it sorted but I've had enough... I contacted First Reponse, they have logged the complaint, I have told them I want to reject the car and they have said that they will now investigate further but they have to give the dealer a chance to rectify the issue... what have i just given him? Surely 12 days is plenty I have also texted the dealer as I can't get hold of him telling him of my intention to speak to First Response with a view to rejecting the car.
Do I still need to write to the dealer? The lady from First Response said no when I said surely I had the right to reject the vehicle under the SOGA.
Rejection must always be done in writing and copied to the finance company. Yes you have a right, if you don't instigate it, the finance dompany will just drag their heals.
You can talk to the finance company and see about keeping the agreement in force to carry over to your next car.