told I can not cancel agreement for finance for faulty goods

[Battler]

Hi , Not sure if anyone can help here however

 

I applied for finance to purchase a machine.

 

 

The finance was agreed and forms sent out for me to complete.

 

 

Included in the forms was a certificate of acceptance for the machine stating it was in good working order.

 

I called the provider to say I was signing for the finance but would not sign the acceptance until I had viewed the machine.

 

After a month of delays the machine arrived however it was not as described.

There were numerous defects and it had logged over 25% more hours worked than had been advertised.

 

I called the supplier immediately to tell them it was unacceptable and to remove it from site.

They apologised and promised to resolve the issues.

 

They have not and I insisted they take the machine back as I requested in the first instance.

 

I also informed the finance company on the first day that it was unacceptable and not to pay out any money as the deal was to be aborted.

I have since discovered that they have taken payments from my bank.

 

They insist I must maintain payments for the machine (which has since been removed) despite me informing them that it was unacceptable and to cancel the finance.

 

In clause 1.1 of the finance proposal it states that if I find the goods to be defective, I must inform them within 5 working days. I did so within an hour.

 

Am I within my rights to withhold any finance payment for this machine and can I claim my money back.

 

I continue to hire a machine as the one I was purchasing was defective as well as having to pay finance on a machine I do not have.

 

Any comment / advise welcome. Thanks in advance

[BankFodder]

Can you tell us what this machine is an did you buy it as an individual or as a business?

 

Who is the finance company?

[dx100uk]

DD guarantee for sure to your bank

get those payments back

 

 

dx

[BankFodder]

I think a little caution might be appropriate.

 

If this is a small business which relies on credit et cetera then the last thing it needs is to suddenly find that it is locking horns with some anonymous finance company who just believes in bulldozing people regardless of the true situation.

 

My advice for the moment would be to keep on paying and to attack by means of an LBA and then a court action.

 

However, I think that we need to know a bit more about it and about the purchaser

[Battler]

Hi, Thanks for responding.I was buying a mini excavator through my company. The finance company are Marubeni Komatsu Finance who provide for the HE plant group whom I was purchasing off.

[Mr.P]

Would the ruling from the Durkin v DSG & HFC case have any relevance here ?

[AndyOrch]

Thread moved to the correct forum.

 

Regards

 

Andy

[fkofilee]

Yes it would have some relevance here, depending on how long they have had the goods.

[Battler]

Thanks, I agree I do not want to compromise the companies credit rating which is excellent. I spoke to a solicitor and he will act for me on this matter now.

[fkofilee]

Good, well keep posted on this.