Car broke down after 2.5 weeks please help??

[rebel11]

Thanks again all

 

Ok here's the situation finance company just rang

Basically said they couldn't do anything with the car because we didn't take it to the place where they look at thier cars

 

Consumer Protection and Unfair Trading Regulations 2008 / SOGA states - The consumer is not obliged to return the vehicle to the delear but must make it available for collection.

 

You done more then enough in returning the car.

 

She said the horrible guy my husband dealt with was just a salesman and his attitude towards my husband does not warrant a rejection letter

 

Tell her the car was rejected before the encounter with the salesman, as stated in the letter handed to the salesman.

 

I told her put his attitude and the abise my husband recieved aside the car is faulty she said the dealer couldn't have known the fly wheel had gone and we have to gone them a chance to look at it

 

The dealer should have carried out a pre-sale mechanical inspection, there clearly was a latent fault.

 

I said they had thier chance Saturday when my husband broke diene and called them and they had thier chance Sunday when he arrived with the car both times refused to deal with him

 

Consumer Protection and Unfair Trading Regulations 2008 / SOGA states - The consumer is not obliged to return the vehicle to the delear but must make it available for collection.

I have to ring her back in an hour she wants us to let them look at it see what the faults are I asked could we take it to someone of out choice she sai we have to give them a chance to fix it as they have the means to do so but we can get it independently checked when the work is complete

 

Tell her that you've rejected the vehicle, well within your rights to do so. If they want they can collect the key from you.

 

What do I do? I mentioned my son they didn't seem to care Don't worry, they don't seem to get it.

 

Should I ring CAB or someone? I quotes the SOGA act she said well the law we follow I interrupted her and said no disrespect but you don't have your own law SOGA is the law

 

Please help

[meg&mog]

Thanks again rebel

 

Here we go just rang CAB I was panicking didn't know if you guys were available

 

They said the law I should be quoting is "supply of goods act-hire purchase-implied terms" basically she said the trader has no legal obligation to repair,replace or refund but the finance company do so we pretty much knew that

 

I asked her do I have to let then fix it she said no she said it's all down to negotiation she also said I can claim damages from the finance company for all this

 

All I want is for them to let us have the finance we originally agreed and let is get a car from somewhere else

 

We don't want that car back at all

 

Any thoughts?

[rebel11]

Ring them back when you are ready.

 

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.)

 

Thanks again rebel

 

Here we go just rang CAB I was panicking didn't know if you guys were available

 

They said the law I should be quoting is "supply of goods act-hire purchase-implied terms" basically she said the trader has no legal obligation to repair,replace or refund but the finance company do so we pretty much knew that

 

I asked her do I have to let then fix it she said no she said it's all down to negotiation she also said I can claim damages from the finance company for all this

 

All I want is for them to let us have the finance we originally agreed and let is get a car from somewhere else

 

We don't want that car back at all

 

Any thoughts?

[meg&mog]

Hi rebel

 

Didn't get anywhere with them she kept saying the problem was a wear and tear item and "things go wrong with cars especially ones that are 7 years old"

 

She asked what would I have done if this had happened 7 months down the line I simple said "it didn't"

 

She has left me with a mobile number of a man at the traders to arrange to collect the key from us

 

She wouldn't even consider rejecting or "recission" the car at all

 

I think I'm going to look round for another finance company this is a nightmare

[rebel11]

Hi meg&mog

 

1) Tell that you are rejecting the car,

 

2) Regarding the agreement with the Finance Company - the Supply of Goods (Implied Terms) Act 1973 applies. 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,

 

3) Consumer Protection and Unfair Trading Regulations 2008 / SOGA states that the consumer is not obliged to return the vehicle to the dealer but must make it available for collection.

[BankFodder]

I suggest that you do not cancel the insurance at this point. If the car is still registered in your name then somebody might decide to cause trouble for you and it will be difficult for you to extract yourself.

 

Are you recording your calls?

 

I think you are at the point now where you had better begin a legal action. Normally speaking you must give 14 days notice before beginning an action – but in this case because of the way it has been going on, I think seven days is more than adequate.

 

Let me say that if you are not prepared to begin a small claim in the County Court then I don't think that they would be very much that you can do other than to take the car and get it repaired at your expense and then drive it. That is the alternative. However, the dealer will then know that he has beaten you and if there are any other faults which emerge in the next few months, the dealer will refuse to take responsibility for those also.

 

I think that you should write letters – and normally speaking-to both the dealer and to the finance company at the same time.

 

I think you need to lay out in bullet pointed chronology exactly what has happened.

 

Make sure that every new incident or conversation is clearly dated so they can see exactly what has progressed.

 

Write your letter to the dealer and inform him that you are going to start a County Court claim under the sale of goods act. Also, write to the finance company in the same way and inform them that you will be bringing a County Court claim against them under the Consumer Credit Act. (Is this correct that you loan which was regulated by the Consumer Credit Act?)

 

At the same time, write a letter to the finance company and tell them that you are making a formal complaint that they are violating their duties under the Consumer Credit Act and that you want the matter brought before the ombudsman. Let me warn you, that normally speaking it is not possible to complain to the ombudsman if the same complaint is being dealt with by the courts. However, you may as well get the process going.

 

Give them each seven days to start dealing with the matter properly and then on the eighth day you must start your County Court claim. We will help you.

 

Once again, don't bluff. If you don't feel up to it then don't start it. However, it is a fairly simple and cheap thing to go about. You will get help on this forum and there is lots of reading material in the various threads and also follow the link to County Court and also the link to small claims.

 

I would suggest that the claim you make is made against each of the parties – the dealer and the finance company jointly so that they become joint defendants in the same case. One of the effects of this will be to concentrate their mind and to force the finance company to start dealing with the dealer. If the finance company start getting angry with the dealer they may threaten him and tell him that they will provide finance his vehicles in the future.

 

In fact in your letter to the dealer you can tell that you will be selling him and the finance company and that you expect the finance company to consider withdrawing their credit facility from him which will affect his future sales.

 

If this line of action interests you then you need to get going tonight and have all the letters in the post tomorrow and then start reading and preparing your claim form. It's not difficult

[meg&mog]

Hi all

 

Thanks bank fodder for your help

 

I have rang and stopped the cancellation on the insurance

 

I called CAB back and they are saying I have to go through the route of repair or replacement first before I can reject the car is that right?

 

They also said if I did get the car fixed and I wanted it independantly checked then it would be at our cost

 

I'm now even more confused and bank fodder ?? Are they right?

 

Thanks guys

[Conniff]

This is what Her Majestys Government says:

 

You must offer a full refund if an item is faulty, not as described or doesn’t do what it’s supposed to.

 

Customers do have a legal right to a refund, repair or replacement if an item they purchased

does not match the description

is not of satisfactory quality

is not fit for purpose .

 

Each of these circumstances would mean that the item does not conform to contract and therefore it can be described as faulty

 

If the item does not conform to contract (is faulty ) for any of the reasons mentioned previously, and the customer has not accepted the goods, the law says the customer is entitled to

reject the goods and claim a full refund, or

request a repair or replacement if that is the customer's preferred option.

 

As the retailer, you can offer a repair, a replacement or a credit note, but you cannot insist on any one of these. It is the customer's right to receive a full refund in these circumstances.

 

Where a customer is entitled to a full refund because they have not accepted the goods but have agreed that you may repair or replace the goods, they can still claim a full refund if the repair or replacement is

taking an unreasonable time, or

causing an unreasonable inconvenience, or

if the repair or replacement is not satisfactory when they receive it.

[BankFodder]

The CAB are wrong. Of course it would be helpful to do things more cooperatively with the dealer, but in this case, because the fault has developed so quickly and appears to be so serious and because the dealer is so unhelpful, I think that you are justified in acting more directly. Of course what you will need is you will need some kind of report confirming your view of the fault.

 

I think that if you get the car repaired then basically you have accepted the car although you could then take legal action simply for the cost of repairs. That would be the second alternative.

 

It would be worth getting an estimate for this anyway in case the issue comes up

[rebel11]

Hi meg&mog

 

You spoke to her several times, the first time she stated ''wear and tear' was the last time, so it's an excuse.

 

I would tell her that you want to pursue the matter through the Financial Ombudsman Service which the Finance Company will have to pay for, the initial fee is £500 plus.

 

Could she provide her final response stating the date the car was purchased, the date the car was rejected and that the Finance Company won't allow rejection because they state 'wear & tear'.

 

Hi rebel

 

Didn't get anywhere with them she kept saying the problem was a wear and tear item and "things go wrong with cars especially ones that are 7 years old"

 

She asked what would I have done if this had happened 7 months down the line I simple said "it didn't"

 

She has left me with a mobile number of a man at the traders to arrange to collect the key from us

 

She wouldn't even consider rejecting or "recission" the car at all

 

I think I'm going to look round for another finance company this is a nightmare