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Car broke down after 2.5 weeks please help??


meg&mog
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Hi Guys

 

Hope someone can give me some idea of what we can expect we bought a car on finance some 2.5 weeks ago it's a Peugeot 308 57 plate

 

The garage we got it from offers a "30 day mechanical guarantee" my questions are the car broke down yesterday approx an hour away from where we live my hubby called the AA who towed it to the nearest garage car park as they wanted £150 to tow it home

 

My hubby and daughter had to get a taxi home costing £32 my hubby rang the dealer and his receptionist said first he wasn't available then he had popped out then she said he's not back till Monday all in the same conversation so I feel we are going to have a fight on our hands

 

The finance company were really nice when I spoke to them told me not to worry they would help sort this out the guy said "we have rules that have to be met this end too" he was talking with regards to the dealers

 

So who would be responsible for getting the car to the dealer? Us or them?

 

The finance company offer a 14 day cooling off period are they working days or any days?

 

What can we realistically expect? What is the dealer obliged to do given the car is under a 30 day mechanical guarantee

 

By the way the aa man said the "flywheel" had gone causing the clutch to go and he said it was mechanical

 

Thanks guys

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What did you pay the car? It sounds like quite a serious fault.

 

This could be the time to terminate the contract on the grounds that the condition of the car was so poor that it has undermined the entire contract.

 

It would be the dealer's responsibility to get the car to his garage – but because that is likely to be extremely complicated – and because it will become even more complicated if the car doesn't get to him, your best bet is to bite the bullet and get the car go to the dealer and then to leave it there. Keep the bills for any expenses you incur and claim those from the dealer as well.

 

I wouldn't waste any time. Second-hand car dealers often seem to want to spin it out so the whole thing comes more complicated and more tiring until eventually the customer gives up and simply accepts some poor compromise.

 

The finance company is also responsible. Nice to hear they are being pleasant so far – but be careful, that might change.

 

I suggest that at the very least you log all telephone calls made either to the finance company or to the dealer time, date, and what was said. You will be best off recording all your calls. Any telephone calls should be confirmed in writing so that you have got a paper trail everything that has been said and everything that has been promised.

 

Even though the finance company can be held responsible as well, get the car back to the dealer straightaway – today if possible and then look to recover your expenses. If you start standing on principle and refuse to start paying out for the delivery of the car now it will get very messy – and you will end up having the risk of paying for storage expenses for the car and it will just become much more difficult to deal with all round.

 

If you decide the contract is terminated – then when you deliver the car to the make it clear that you don't want anything more to do with it, that you are terminating the contract, that you are getting the finance company involved, and make sure that you give it all to the dealer in writing at the same time.

 

Once again, you would be best off having a call recorder – your telephone might do – discreetly in your pocket and make sure that everything is on the record.

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Hi meg&mog

 

It's not a great situation to be in, your dealings need to be with the finance company. Don't speak to them on the phone, everything in writing, email, letters etc. Send them Recorded Delivery. That way there are no misunderstanding. You shouldn't lose out financially, cost of taxi etc.

 

The cooling - off period is 14 calendar days.

 

As for the '30 day mechnical guarantee', when you buy a used vehicle from a trader you are making a legally binding contract. You have legal rights against the trader under the Sale of Goods Act 1979.

 

Have a read of the following:-

 

http://www.shetland.gov.uk/tradingstandards/documents/Guidanceforsecondhandcardealers.pdf

 

Rejecting the car:-

 

http://www.which.co.uk/consumer-rights/action/how-to-complain-about-a-second-hand-car-to-a-dealer

 

http://www.which.co.uk/consumer-rights/action/letter-rejecting-a-second-hand-car-bought-from-a-dealer

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Hi Bankfodder

 

The car cost £4000 but as I said we have it on finance we made the first payment on 1.8.14 up to now the finance company have been really helpful and I really don't want to get into a row with them (although I will if I have to) ideally I would like to hand this car back and look elsewhere for another with the finance company on out side but I think I may be dreaming

 

We had a mobility car for the past 3 years but our sons DLA changed and he is now on low rate mobility so we need a reliable car for his sake

 

Do you think the finance company will help us? Would the 14 day cooling off period be long gone? Especially since we have made a payment the man at the finance company did say to new on the phone yday "if we can prove the car was faulty we will certainly have the dealer fix it"

 

If I put my house phone on speaker phone and record on my mobile that should work do I have to tell them I am doing that?

 

Thanks again

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You don't have to give warnings that you are recording telephone calls if the recordings are for your own private use – which they are in this case.

 

If your telephone is an android phone then you can download an excellent from the play store – Automatic Call Recorder.

 

If you are using an iPhone then it is more tricky as Apple have blocked this kind of functionality. I can thoroughly recommend a small recording accessory from the Amazon store – the Olympus TP7 which you can get for about 12 quid.

 

If you are rejecting then you must write to the dealer and make it clear – but you must also involve a finance company throughout the entire process. Do not cancel any direct debits to the finance company because they may go mad and refuse you further loans and also blight your credit file. Try to work with them and in cooperation. They know what their duties under the law are but keep on coming back here to tell us how it goes.

 

Once again, get the car back to the dealer straightaway. Make sure it is no longer in your control – it must be the control and possession of the dealer so that it becomes his problem.

 

Make sure that before you take it to the dealer you photograph completely so that there is no hint of any accusations of damage. Best thing to do is to take into his forecourt and then to take photographs there so that it is clear where the car was when the photographs were taken. All of these precautions may seem like paranoia, but they are the best way to make sure that you have a quiet life in the future.

 

Once the car is back with the dealer and you have formally rejected it – then set about making sure that you revoke your ownership by informing the relevant authorities and also make sure that the insurance is cancelled. Once again, inform the dealer in writing about every step you have taken – and also inform the finance company every step of the way.

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Hi Rebel

 

Thanks so much for those links

 

Do you think there's any chance the finance company will help is rather than us having to fight with them too?

 

We don't have great credit we can't just walk in a dealership and get credit for a car we have had 2 cars off this finance company in the past and we have a good relationship with them our daughter recently passed her test she's 21 in a couple of weeks they have already said they will give her finance as long as me or my hubby go on her contract as well so we get on really well with them

 

Having said all that I won't keep a dud car for that reason just would like thier help sorting it

 

I do have a person on my email list from the fianance company my husband was dealing with before we found the car he would email and give her reg plates she would search them and tell him if the car was over priced etc should we draft a email to her?

 

Will we be told to "give the dealer a chance to rectify the problem" before we are allowed to send it back

 

Such a worry thanks guys

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This is from the Financial Ombudsman:

 

Consumers frequently find the technicalities of hire purchase transactions confusing. Typically, they believe they simply went to a dealer and bought a car with the aid of credit, when what actually happened is rather different:

 

they chose a car, and asked the dealer for credit to help them pay for it;

 

the dealer acted as a credit broker, arranging hire purchase through another business;

 

the hire purchase business bought the car from the dealer, and then provided it to the consumer under a hire purchase agreement - so the car is owned by the hire purchase company (not the consumer).

 

Hire purchase agreements are covered by the Supply of Goods (Implied Terms) Act 1973. This says there are implied conditions in a hire purchase agreement, including a condition that the goods will be of satisfactory quality and will be fit for purpose. (Implied conditions are those that can be assumed to be included in the agreement, even if they do not actually appear in writing.)

So where a consumer has a complaint about faults in a car that was bought by means of a hire purchase agreement, we can consider the complaint if it has been made against the hire purchase business. We are not able to pursue such complaints if they are made against the dealer. This is not just because the selling of cars is not a consumer credit activity but because, under a hire purchase agreement, the dealer does not sell the car to the consumer. In our experience, some businesses encourage consumers to complain to the dealer in these circumstances, which adds to the consumer's confusion.

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Thanks Conniff

 

So the first phone call we make tomorrow morning would be to the finance company right?

 

And we need to say we have a disabled son we need a reliable car please help us reject this one so we can find another?

 

Thank god out son wasn't there he was home with me he has Autism he would have found the whole thing very stressful

 

I also need to get a receipt for the taxi don't i? The company he used is based in derby where the car broke down if I ring them will they send one?

 

I need a cheap towing company the AA wanted £150 to bring it home

 

Thanks again

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Hi meg

 

The first thing is to stop worrying, the car is faulty, you should reject the car with the finance company, but also send a copy to the Trader. Bankfodder has provided deals on how to return the car. The finance company will continue to do business with you, as they will value your custom.

 

 

Hi Rebel

 

Thanks so much for those links

 

Do you think there's any chance the finance company will help is rather than us having to fight with them too?

 

We don't have great credit we can't just walk in a dealership and get credit for a car we have had 2 cars off this finance company in the past and we have a good relationship with them our daughter recently passed her test she's 21 in a couple of weeks they have already said they will give her finance as long as me or my hubby go on her contract as well so we get on really well with them

 

Having said all that I won't keep a dud car for that reason just would like thier help sorting it

 

I do have a person on my email list from the fianance company my husband was dealing with before we found the car he would email and give her reg plates she would search them and tell him if the car was over priced etc should we draft a email to her?

 

Will we be told to "give the dealer a chance to rectify the problem" before we are allowed to send it back

 

Such a worry thanks guys

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You don't have to give warnings that you are recording telephone calls if the recordings are for your own private use – which they are in this case.

 

If your telephone is an android phone then you can download an excellent from the play store – Automatic Call Recorder.

 

If you are using an iPhone then it is more tricky as Apple have blocked this kind of functionality. I can thoroughly recommend a small recording accessory from the Amazon store – the Olympus TP7 which you can get for about 12 quid.

 

If you are rejecting then you must write to the dealer and make it clear – but you must also involve a finance company throughout the entire process. Do not cancel any direct debits to the finance company because they may go mad and refuse you further loans and also blight your credit file. Try to work with them and in cooperation. They know what their duties under the law are but keep on coming back here to tell us how it goes.

 

Once again, get the car back to the dealer straightaway. Make sure it is no longer in your control – it must be the control and possession of the dealer so that it becomes his problem.

 

Make sure that before you take it to the dealer you photograph completely so that there is no hint of any accusations of damage. Best thing to do is to take into his forecourt and then to take photographs there so that it is clear where the car was when the photographs were taken. All of these precautions may seem like paranoia, but they are the best way to make sure that you have a quiet life in the future.

 

Once the car is back with the dealer and you have formally rejected it – then set about making sure that you revoke your ownership by informing the relevant authorities and also make sure that the insurance is cancelled. Once again, inform the dealer in writing about every step you have taken – and also inform the finance company every step of the way.

 

Bankfodder I have an iPhone :-(

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Thanks for all your help guys

 

I am looking around for a towing company

 

Would it be better to get one based where the car is in derby or get one from my city leicester to fetch it?

 

Sorry for all the questions never been through this before

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Yes the finance company.

 

The clutch is a wear and tear item, but that does not count in this case so don't let anyone tell you that it is wear and tear so not covered by the regulations and not their responsibility.

The wear and tear was there when you bought it and not done by you.

 

You can play one towing company off against the other by giving a local one a ring for a price and then a destination based one. Remember you must get a proper headed invoice from the towing company so you can reclaim.

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Explain to them that you want to reject the car because it is faulty, that you need a reliable car because your disabled son has appointments to attend etc. Get and keep all receipts.

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On your question of whether you should give the dealer an opportunity to repair the problem, – this is a matter for you to decide.

 

However, the fault has developed early enough in your ownership of the vehicle – and the fault was serious enough that you can assert your right to reject the contract. If you decide to give the dealer of chance, then it may well draw on and on and of course you have no guarantee as to the quality of the work that the dealer will do or two other faults which may be lurking and which may suddenly emerge later on.

 

It may well be that the dealer and also the finance company would prefer you give the dealer a chance – but make sure you make the decision that you are happy with. At this early stage there is no need to give in to pressure from anyone.

 

The Olympus TP7 will work very well with any phone

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Agree 100%, don't let them cajole you into thinking everything will be alright if the dealer repairs the fault, there are many examples on this site where the fault reappears, then you might have a battle.

 

On your question of whether you should give the dealer an opportunity to repair the problem, – this is a matter for you to decide.

 

However, the fault has developed early enough in your ownership of the vehicle – and the fault was serious enough that you can assert your right to reject the contract. If you decide to give the dealer of chance, then it may well draw on and on and of course you have no guarantee as to the quality of the work that the dealer will do or two other faults which may be lurking and which may suddenly emerge later on.

 

It may well be that the dealer and also the finance company would prefer you give the dealer a chance – but make sure you make the decision that you are happy with. At this early stage there is no need to give in to pressure from anyone.

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Thanks again guys

 

Got a man fetching the car at 10.30 today he wants £80 which I don't think is too bad told him we need a headed letter receipt tol him why he said no problem

 

Out fiancé company is open today at 10am I am going to ring them if I say we are rejecting the car what do I do if they say we MUST give the dealer a chance to fix it first?

 

Thanks again all

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Hi guys

 

Rang finance company the dept I need to speak to speak to is closed until tomorrow they said the dealer may be willing to take it back can't see that somehow so what do I write in the letter to the dealer? Ask if he will take it back tell him if not we will reject also as my hubby will hand him a letter how do I prove he got it?

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Ring the finance department tomorrow.

 

I posted a template that you need to amend, it's in post 3. Send it Recorded Delivery or Next Day.

 

Your not 'asking the dealer' to take it back. Your 'rejecting' under SOGA because it has a fault.

 

Hi guys

 

Rang finance company the dept I need to speak to speak to is closed until tomorrow they said the dealer may be willing to take it back can't see that somehow so what do I write in the letter to the dealer? Ask if he will take it back tell him if not we will reject also as my hubby will hand him a letter how do I prove he got it?

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Hi rebel

 

Thanks I intend to ring them tomorrow but the car is being towed to the dealer today so what do we tell them when we drop it off I have drafted a letter basically saying you can either take it back or I will reject it under the sales of goods act 1974

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Go with the car and take pictures of it when it gets there.

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That's fine, but have you got some carbon paper? You need to keep a copy.

 

Hi again

 

I am going to have to hand write this template letter as I don't have a laptop or printer is that still ok?

 

Thanks

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