Loan

[MrHandyman]

Not sure this is in the right area, but any help is appreciated.

 

I bought a car in Jan 08 and paid for it with a motor loan from GE money. The car was mis-sold, I was told it came with 12 months MOT and was in full working order etc.

 

3 months after I received the car, I was pulled over by police, and fined because the MOT had in fact, expired a month after I bought the car. So much for a 12 month MOT. £60 fine.

 

I then got the car MOT'd and there were quite a few failures. I had the selling car dealer fix these problems (at a cost to myself, although I fought for them to be free) and then found on the next MOT 12 months later the SAME problems were there.

 

Do I have any comeback under the consumer credit act as obviously the goods received under the agreement have been unsatisfactory?

 

Thanks

Mr H

[maroondevo52]

Hi, Mr H.

 

Sorry I can't help with your question, but shall move this thread to a more appropriate Forum, where hopefully you'll get some help.

 

Regards.

 

Scott.

[chesham]

Did you not get to see the certificate when you viewed/bought the car? More importantly, did you ask for it?

 

I think you'll find it difficult to get anything out of anyone, due to the amount of time which has passed (I gather over a year) with regards to the MOT issue.

 

I don't think that the Consumer Credit Act is the better one for you seeking any compensation or comeback - the main legislation concerning your situation is probably the Sales of Goods Act or perhaps the Supply of Goods and Services Act.

 

However, my opinion (i must stress that it is my opinion only) that you have virtually no options with regards to the sale of the vehicle with no MOT. With regards to the faults which were there 3 months ago, this was over a year ago therefore the burden of proof has shifted and it will be difficult to do anything for this one. The work which they say has been carried out, but you believe it wasn't, is not as impossible but still tricky - there are so many variables and arguments which may be thrown into the equation, it's difficult to foresee scenarios.

 

Perhaps write to the dealer (not the credit company) and put your concerns into writing, and then perhaps the advice you recieve here can be a bit more tailored and accurate for you.

 

In addition, others may advise you differently whilst your post is here!

 

If they claim to have undertaken work, which you paid for, but then you found the work was not done then you may still have some way of getting something back - your main problem will be proof. Were these parts "consumable" items such as brake pads, or any other component which they could argue may have been worn down in 12 months?