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Rejecting Car on Finance (Stoneacre/The Funding Corporation)

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Hi All.

 

I recently purchased a Ford Focus from Stoneacre using finance from The Funding Corporation.

 

After 1 day of collection, a whole host of issues appeared, which were as follows:

 

1.) ABS/Traction Control/Handbrake lights would randomly start flashing on dashboard. When they did, the car would become very jerky and not drive properly (much like kangarooing) - when on the motorway at 70mph and this happened the car would be extremely dangerous, braking on it's own and hopping around for want of a better explanation. If a car was behind you it looked to them like you'd braked! It is seriously a major fault.

 

2.) Car won't go into reverse gear. It results in crunching/grinding. I've been stuck in parking spots for 15 minutes before trying 50 times to get the car into reverse and each time it feels like it's in and when you release the clutch just grinding and crunching.

 

3.) When braking lots of juddering, shaking, doesn't brake straight and true. Steering wheel shakes violently upon braking.

 

4.) Loud tapping/rattling/knocking/whining noises coming from engine bay.

 

And many more...

 

I complained and Stoneacre took the car back in, saying they would require it for 1 week. After 3 weeks the car was returned to me and at this time, i received a letter from The Funding Corporation stating the following:

 

"We have heard from Stoneacre who have told us they have rectified the issues with the car, on that basis we cannot accept the car returning/rejecting and therefore this is our final response on the matter".

 

Now, that would be fine, however... The car came back with not a single issue fixed, infact, only 1 day after it returning to me the Engine Management Light appeared, the car went into limp mode and wouldnt do over 20/30mph. Then fault codes starting flashing up on the dashboard, and now, when the car is started (it's push button start/keyless) more often than not it will NOT turn off when you've reached your destination. You push the button to shut the car down and it does nothing. You literally have to stall the car to turn it off.

 

I have an email from Stoneacre openly admitting they are not sure what the issue is relating to number 1.) (the main dangerous issue) but they "tried a few things" and it should be fine. Just to clarify, not 1 of the issues that the car went in with has been fixed, it's just come back with more.

 

I just don't want the car now, i bought it 6 weeks ago, i've had the car for 2 of those 6 weeks and it's a complete Lemon.

 

Am i now within my rights to reject the car? The Funding Corporation are nothing shy of useless and to respond saying "that's the end of the matter" is a bit of a joke quite frankly.

 

The problem at the moment is, i really do need a car, and not sure how to go about resolving this.

 

Any advice much appreciated.

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You can reject the car and the finance totally under the consumer credit act

 

Tell tfc the car has not been fixed at all and to come and get and stop the whole agreement

 

Dx


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Thank you DX,

 

However, getting a response from them in any form whatsoever is proving ridiculous.

 

They do NOT respond to emails.

They do NOT respond to letters.

There is never anyone available to speak to, they will always call back.

 

Not sure which route to take to get this sorted when the finance company are clearly ignoring me on the basis of they know i want to reject the car.

 

Many thanks

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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With respect, i'm aware of how to reject a car on finance, and i'm not sure what the point of having a forum is if the response to question is a google link..... by that reasoning let's scrap the forum and just get everyone to ask google their question?

 

The point is, i can send as many rejection letters as i want, but when they're getting signed for and ignored with no response, i'm at a loss.

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You can escalate this to the Financial Ombudsman Service, and from what you have described I would pretty much expect them to find in your favour 100% and they would require TFC to allow the rejection of the vehicle, cancellation of the finance agreement and also probably some sort of compensation for the hassle you have had.

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It was supposed to go to a link about a similar thread and the fos

 

But thinks are playing up

 

I see you have the info now

Well done ron

 

Dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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If you are still making payments, then you should write again using the costly Royal Mail special delivery and inform them that they are responsible for the car, (assuming it is Hire Purchase), and failure of them to reply and their blatant attempt to ignore you and take away your statutory rights will not be tolerated.

 

Tell them unless you hear back from them within 48 hours, payment will stop and the contract will be deemed to have been terminated by them.

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Well, bit of an update on this.

 

Finally had a response from TFC stating the following.

 

They have said that they want the car returning to be repaired (by the same garage that took it in the first place, and brought it back to me still with all the same issues present) and that they CANNOT accept rejection of the vehicle, and that they have now closed the complaint and that's the end of the matter.

 

Where do i go from here? They took the car for 3 weeks, didnt repair a single thing, and i dont want it anymore i just dont trust it or them any further and this has been 8 weeks of hassle so far from day 1.

 

Many thanks

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I think what i would do is obtain an independent engineers report detailing the problems with the car. AA/RAC can help with this or speak to a Ford dealership. You also need a costing to repair the faults.

 

You then have a basis to take this further and to court if necessary. Don't believe you can reject the car, without giving them reasonable opportunity to fix the faults. Your independent report would establish the faults that need to be fixed. You may be able to claim back the costs of the engineers report.

 

Ps. Citizens Advice have a helpline that can advise on this. 03454 040505


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Thank you, although i was under the impression 3 weeks with the vehicle would be sufficient to repair the vehicle. The fact that it was returned to me having gone in with 11 faults, and came back with 9 faults still present, after 3 whole weeks, is a bit of a joke to be honest in my opinion. The car is an absolute lemon and i have an email from the garage when they took it originally openly stating they dont actually know what the problem is with the main issue, or how to rectify it (electrical). How can i have any faith its going to get fixed.

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Thank you, although i was under the impression 3 weeks with the vehicle would be sufficient to repair the vehicle. The fact that it was returned to me having gone in with 11 faults, and came back with 9 faults still present, after 3 whole weeks, is a bit of a joke to be honest in my opinion. The car is an absolute lemon and i have an email from the garage when they took it originally openly stating they dont actually know what the problem is with the main issue, or how to rectify it (electrical). How can i have any faith its going to get fixed.

 

A Ford garage will connect it to a diagnostic checker and do a thorough check.

 

I wonder whether the car has had a previous accident and was not repaired properly.

 

Without getting a report to take this further, i think you will struggle to get shot of the car.


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A Ford garage will connect it to a diagnostic checker and do a thorough check.

 

I wonder whether the car has had a previous accident and was not repaired properly.

 

Without getting a report to take this further, i think you will struggle to get shot of the car.

 

It was in with a ford garage for 3 weeks, they couldnt find the issue with full diagnostics. Basically at speed all the lights on the dash will start flashing and the car brakes on its own, chugs, coughs and splutters, the handbrake/abs/traction lights go crazy, at 70mph on the motorway if you have a car behind you to them it's like youve slammed the brakes on, it's unbelievably dangerous. Ford could not find the problem and said all they could was "clean some connectors" but otherwise they couldnt find the issue. My concern is if 3 weeks with ford cant resolve it, what can.

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How old is this car ?

 

Previous private owner ?


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Well, bit of an update on this.

 

Finally had a response from TFC stating the following.

 

They have said that they want the car returning to be repaired (by the same garage that took it in the first place, and brought it back to me still with all the same issues present) and that they CANNOT accept rejection of the vehicle, and that they have now closed the complaint and that's the end of the matter.

 

Where do i go from here? They took the car for 3 weeks, didnt repair a single thing, and i dont want it anymore i just dont trust it or them any further and this has been 8 weeks of hassle so far from day 1.

 

Many thanks

 

You haven't actually answered the question - Is this 'Hire Purchase', is the agreement marked as such ??

 

You are obviously not stern enough with them, did you state what I said about them terminating the contract if it wasn't repaired. It is 'their' car, they own it, they bought it and now they are hiring it to you. You 'must' demand your statutory rights.

 

It would seem the easiest way out is to do as Unclebulgaria has said and get an independent report. This must be in writing and must be with a VAT registered garage. It should be on proper company headed paper. You will probably have to pay for this, so make sure you get a proper receipt as you are entitled to claim this back.

 

Keep in mind that you can refer the TFC to the Financial Ombudsman Service and that your right to do so must be included in the paperwork they have sent you. You should make an official complaint and mark the letter as such. They will then have 8 weeks in which to respond.

 

Official Complaints

 

The Funding Corporation,

International House,

Kingsfield Court,

Chester Business Park,

Chester, CH4 9RF

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You haven't actually answered the question - Is this 'Hire Purchase', is the agreement marked as such ??

 

You are obviously not stern enough with them, did you state what I said about them terminating the contract if it wasn't repaired. It is 'their' car, they own it, they bought it and now they are hiring it to you. You 'must' demand your statutory rights.

 

It would seem the easiest way out is to do as Unclebulgaria has said and get an independent report. This must be in writing and must be with a VAT registered garage. It should be on proper company headed paper. You will probably have to pay for this, so make sure you get a proper receipt as you are entitled to claim this back.

 

Keep in mind that you can refer the TFC to the Financial Ombudsman Service and that your right to do so must be included in the paperwork they have sent you. You should make an official complaint and mark the letter as such. They will then have 8 weeks in which to respond.

 

 

I can assure you I have been MORE than stern with them. I have logged it as an official complaint, and marked it as such, and informed them that it will be referred to the ombudsman, consumer direct and trading standards.

 

Consumer direct themselves told me that i should give them the opportunity to repair the vehicle, which i did, after 3 weeks they failed and then consumer direct told me i can reject the vehicle. It IS a HIRE PURCHASE agreement yes and i understand it's their car, and how the law works regarding that aspect of it.

 

The point is, all the above in theory is fine, but when the finance company just keep responding with "we cant accept rejection" then i now need to go down an alternative route.

 

If that means getting an independent report that's fine, but then what..... TFC are a joke quite frankly and completely going against what consumer direct have told me are my legal rights.

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It's 2008, 60,000 miles and 3 previous owners.

 

I wonder whether you can find out the previous private owners details on V5 reg doc and see if you can contact them. Did they have problems ? Any accident ? If you found out the car was in a serious accident and was written off to salvage, you would have a serous trump card to play. Might be worth doing some digging.

 

If you don't find out anything, get an independent report with costings.


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Sorry to harp on about this, does it actually say on it Hire Purchase Agreement ? It could say something like 'Credit Agreement' which is not the same.

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Have you considered asking the dealer to replace the vehicle like for like instead of rejecting

 

If you have rejected the vehicle you must immediately stop using it. This comes under the Sale of Goods Act 1979. If a fault develops within the first six months of purchase the law considers the fault to be there at time of purchase. The rejection to the dealer must be in writing for which the dealer has to be given the opportunity to rectify any faults.

 

If the dealer does not play ball then you have to get an independent report at your expense (claim back if faults diagnosed) Main dealer preferred. Copy all correspondents to the dealer with the finance company if on Hire Purchase

 

DO NOT STOP ANY CONTRACTUAL FINANCE PAYMENTS UNTIL SORTED IN WRITING

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I can assure you I have been MORE than stern with them. I have logged it as an official complaint, and marked it as such, and informed them that it will be referred to the ombudsman, consumer direct and trading standards.

 

Consumer direct themselves told me that i should give them the opportunity to repair the vehicle, which i did, after 3 weeks they failed and then consumer direct told me i can reject the vehicle. It IS a HIRE PURCHASE agreement yes and i understand it's their car, and how the law works regarding that aspect of it.

 

The point is, all the above in theory is fine, but when the finance company just keep responding with "we cant accept rejection" then i now need to go down an alternative route.

 

If that means getting an independent report that's fine, but then what..... TFC are a joke quite frankly and completely going against what consumer direct have told me are my legal rights.

 

If they don't fix the car properly, the take them to court under SOGA and claim the costs to get it fixed properly, plus your costs. You could enter into mediation, where they agree to take the car back and pay your costs, cancel finance etc.


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The Funding corp are a sub prime outfit in the same category as yes car credit and welcome finance. Most of the vehicles they finance are purchased direct from auction

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Sorry to harp on about this, does it actually say on it Hire Purchase Agreement ? It could say something like 'Credit Agreement' which is not the same.

 

I say that because this company sells as hp but the agreement says credit agreement which doesn't have the protection that hp has.

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