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Voluntary Termination and possible breach of SOGA


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Hi All

 

This is quite a lengthy read so get a cuppa on before you start!

 

Early 2010 I bought a car on finance with 92,000 miles on the clock, with part service history and in alleged 'good condition'

 

Unfortunately the car wasn't under any manufacturers warranty as it was 5 years old when I bought it and there was no dealers warranty offered either.

 

A couple of months after buying the car we started to experience a multitude of problems with it. These probems were not 'minor' or expected wear or tear but involved significant dismantling and rebuilding of the car engine.

 

We obvioulsy cannot prove this but due our garage suspects that before we bought it the engine had been repaired (after possible cambelt failure) but had not been repaired properly.

 

We have discovered this as our garage have found a multitude of things such as silicone sealant being used in incorrect places causing vacuum issues, bolts not set to correct torques, incorrect tolerances (injector gaps), broken rockers/valves still in the engine...... basically a bodge job.

 

I went back to the dealer where I bought the car and was basically told to f off.

 

I contacted the finance company and quoted sales of goods act. I was told that as 6 months had passed since the car was purchased their obligations under the sales of goods act had ended. They offered as a 'goodwill' gesture to pay around £500 towards a settlement figure if I took out finance towards another car.

 

This really wasn't an option for me, as with what the car was worth at the time I couldn't have afforded the settlement figure nor did I want to take out further finance.

 

We got the car repaired by our local garage and it has been running for the last 6 months with no 'major' problems. I say no 'major' problems because there have still been a multitude of 'minor' problems. The car still frequently goes into limp home mode for no discernable reason despite our garage investigations (who have been great and don't charge us for plugging the car into their diagnostic set. Local dealer/stealer charge £60 a pop for this!!), we have had tyre pressure sensors fail, the car seems to chew through a set of tyres every 6,000 miles.

 

However last week the car again went 'bang' (blown turbo) leaving us with another huge bill.

 

Simply, as we just cannot trust it any more, nor do we want to chuck even more good hard earned money after bad, we thought they easiest (and perhaps cheapest in the long run) thing to do would be to voluntary terminate the HP.

 

When I bought the car I did do a HPI check which showed that the car had no outstanding finance and verified the mileage, accident damage etc and it came back all clear. The car also had a service history with a main dealer who the dealer I bought the car from said they got it from as it was a p/x.

 

What I didn't know at the time was that you can also check the MOT history with VOSA.

 

I was told about this a couple of days ago so out of curiosity this morning I have checked the MOT history on the VOSA website and have noticed that the mileage recorded on the MOT history DOES NOT match the mileage shown in the service history book as the services stamps MONTHS after the MOT's are showing much lower mileages!

 

This would suggest that the car was not serviced (or the service book was lost) so either the main dealer has falsified a service history, or the dealer I bought the car from has managed to get a stamp for the main dealer and have falsified the service history themselves.

 

So my questions are:

 

1) If I voluntarily terminate the HP agreement what are my liabilities? I know I have to pay 50% as outlined in the agreement. I have one payment left to make and a little bit extra (about £20) to make up the 50% (due to an admin fee which was added onto the agreement).

 

2) If I VT and hand the car back in its current (undriveable) state could the finance company expect me to be liable for the repairs by arguing I had not taken reasonable care of the goods (despite garage bills running into thousands of pounds?). We have only averaged 1000 miles/month since purchase also.

 

3) Could I counter argue with the SOGA especially in light of the fact that the service history has been blatantly forged (goods not as described?, goods not fit for purpose etc)

 

Thanks for reading and any advice given!

 

Crispy

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well it is the FC car and they are also responsable for any defects, major problems going wrong. so get them to put it right, may have to threaten legal action, but this has been done in the past.

I doubt they will accept VT as car in not in 'good condition' however as said above they may accept on that basis, worth a try.

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