Reject car - misold, misrepresented by dealer on hire purchase

[Handaros]

Hi,

 

Am in need of advice.

 

In October I purchased a used Seat Ibiza advertised as an approved car with 33k on the clock (not true).

 

 

It should have had full service history, full vehicle history check, multi point check and various other benefits.

 

 

On the day of purchase the car broke down on the way home (dealer is some 50 miles away).

 

 

The car went back and the dealer said there was a control module fault likely caused by dirt on the engine

from it having been stood on their forecourt, so they reset the computer and that that was that.

 

There were ongoing issues with the paperwork,

ie there is not a full service history, I have not been given a copy of vehicle history (as advertised) or a copy of multi point check.

Also the car did not have 12mth MOT as advertised.

 

 

The garage took the car and MOT'd it some 4 weeks later and interestingly it failed it's first test

which may suggest it was not roadworthy at point of sale.

 

Then approximately two weeks ago the car again broke down.

Engine light came on and car failed on a busy dual carriageway,

I am a new driver so this was very scary.

Managed to limp off the road and car stopped completely.

It restarted with no issues some minutes later.

 

 

Back to garage again but only after I threatened rejection of car.

They are saying there is absolutely nothing wrong with the car because the computer says so!

 

I am now rejecting the car on the basis it was misold to me.

The mileage on the order form does not correspond with the service history book,

or the previous MOT and is somewhat higher than that listed on the order form

(the dealer is pointing out they did not wrongly advertise and quoting order form as proof,

however previous MOT from 4 months prior shows it was falsely advertised).

 

 

There is not a full service history, there is 26 months between services

and is over mileage for required service and

at the point of ordering it had not had a service for 26mths.

 

 

I bought the car hire purchase and the finance company are saying because it was misold it is nothing to do with them!

I have pointed out to them that they own the car and were misold it

and they are saying it is one word against another's.

 

 

This is despite the fact I can evidence adverts at the time and the documents!

 

Can anyone help with where I go from here?

I am prepared to pursue in Court if necessary.

 

Many thanks in advance and hope my post makes sense.

 

 

I am so mad, this is my first proper car since passing my test and my excitement has turned to despair.

[rebel11]

Hi Handaros

 

Welcome to CAG

 

As you rightly point out, the finance company own the car and such, you need to reject it with them. Do not speak to them over the phone, only correspond in writing, send all letters Recorded Delivery. If you have to go to court, it will help your case if you have a paper trial. You will find the finance company a 'tough nut to crack', the dealer will back them up. But you need to persist.

 

Have a read of the following:-

 

http://www.norfolk.gov.uk/view/NCC094699

 

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.

 

Send the following amended template, send it Recorded Delivery.

 

http://www.adviceguide.org.uk/england/letters/introduction_to_letter_on_supply_of_goods__implied_terms__act_1973_a

 

 

http://www.adviceguide.org.uk/england/consumer_e/consumer_different_ways_of_buying_e/consumer_buying_goods_and_services_on_credit_or_by_debit_card_e/consumer_ways_you_can_buy_on_credit_e/supply_of_goods__implied_terms__act_1973_-_hire_purchase_agreement.htm

[dx100uk]

names and shame too!!

 

 

dx

[king12345]

Just tell the finance company that the car has been clocked and send them proof of this.

 

I'm sure you know, but for others that may not be aware

you can look at previous mot on the vosa website and check the mileage.

 

Since this service started, many car dealers have lost a lot of money and customers.

 

I too was victim of a Vauxhall Astra which had 100k miles taken off the clock.

 

I ended up selling it for half the market price.

[Handaros]

Many thanks for the welcome and responses, much appreciated.

 

I did formally reject the car on the 6th, but then gave the dealer another opportunity to fix the car.

 

 

However, they are now telling me no faults detected and therefore nothing wrong with the car.

 

 

Since it was misold - mileage wrong, no fsh as noted etc

I have gone down the miselling route as I am not a mechanic and thought this would be the easiest route.

 

 

I am a female driver and wanted a reliable car and purchased under the pretence it had all the benefits described etc.

However finance company are saying miselling nothing to do with them!

I can't tell you how scared I was when the car lost all power on a dual carriageway.

 

Since the dealer is a large network I have perhaps naively made an offer tonight of a replacement vehicle

that has all paperwork in order etc as a final offer.

 

 

I work in a remote area and really cannot use public transport for work and am desperate.

 

 

The dealer had given me a hire car but since they are saying there is nothing wrong with mine now want the hire car back.

 

 

An email from the dealer tonight says the finance company have said it is between ourselves to deal with the matter.

 

 

I have pointed out to the finance company that they own the car and have refused to have it back, it seems we are now at stalemate.

 

Do I go down the FSO route or County Court?

 

 

I have contacted Trading Standards and am awaiting there reply.

 

Your help and support is much appreciated.

[dx100uk]

you need to follow post 2

 

 

dx