Car problems... possible fraud on motor finance?

[qa19]

Just come across this one.

 

Providing that the seller has had reasonable opportunity to rectify and has not done so, you would be within your rights to either inform the seller that you will now arrange repairs yourself and present him with the bill or formally reject the car as being not fit for the purpose. Either way, after the time limit that you give him expires, you can progress this to court and also claim 'consequential losses' such as car hire or any other associated expenses. But you must be able to produce invoices/receipts to support your claim.

 

If you choose to reject the car, you must do it in writing (by recorded means) and once posted, you must not use the car from then on or effect any further repairs

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

 

okay thanks, but is his offer of taking the car again and putting it for another repair at the same garage seen as 'providing that the seller has had reasonable opportunity'?

[qa19]

Hi All,

 

...again.

 

I am still having problems with my car and the issue is still unresolved

 

Bought car 2007 27k miles (part finance part cash) with engine problems in March 2013.

 

After being in garage twice for repair under warranty,

the original garage eventually refused to repair the car and

 

I was going to do the repairs myself and take them or the finance company to court.

Quotes were all around the 1.5k mark to repair the engine properly.

 

I then got a call from another unrelated garage saying they were going to do the repairs,

when asked why they said the orginal garage used their finance agreement and that the finance company were forcing them to fix it.

 

Of course they're not too happy with this.

 

I was unaware of this when I took out the agreement,

I was under the impression it was their own company in the finance agreement

and they had just changed their business name (which they just had).

 

The new garage has had good intentions and their own mechanic but don't have the expertise to fix it.

The car has been with them twice for a total period of 8 weeks!

 

They haven't done the required work but like the first garage are doing it on the cheap

and ramming chemicals and additives in the engine to fix it.

 

Each time it has come back 'fixed' but clearly they're just guessing.

 

The use of simple OBD software confirms misfiring,

it still stutters on acceleration and anyone with a bit of know how would realise the idle doesn't sound right.

 

The garage said they'd take it back for a 3rd time if it's not fixed but I cannot wait this long anymore.

 

My whole business relies on me having wheels and I've had to take out tempoary insurance on other cars all this time.

 

I need to give the finance company 2 options:

1) Buy the car back off me for price I bought it.

2) Give me the money I was quoted to fix it so I can it myself.

 

OR

 

Do it myself and take them to court for the full amount plus all the expenses (insurance, petrol back and forth to garage,

money I've paid for diagnosis (when I first bought car) and others ).

 

Any advice appricated especially with the finance agreement and whether it was legal or not.

 

This could be the ulimate bargaining tool?

[dx100uk]

goto trading standards in his area and complain

 

dx

[qa19]

goto trading standards in his area and complain

 

dx

 

but what is that going to achieve? After a wait to see what TS will do surely they'll just say take it back to the garage for a 5th time?

[dx100uk]

its for you to decide we cant see into the future

 

under soga you are entitled to reject the car now

and reject the finance

and get back to square one.

 

that don't pay for your other expenses though

 

you could goto ccourt and sue for everything.

 

your call

 

it might well be TS /oft have dealing with them?

passed history

or can bring some weight to bare

 

I think you should pressure the finance company to allow you to get it repair

bill them

 

get paid for the repair & expenses and call it quits

 

or get £100's knocked off the finance to pay for it.

 

 

dx