1st stop car finance, failure to reject a car under consumer rights act 2015

[stuckinarut11]

6th March 2016 car bought for £9999.00

8th March 2016 The ABS light is illuminated.

The TRACTION light is illuminated.

The HANDBRAKE light is illuminated.

There is a loud clicking noise in engine when car running idle.

BRAKES are failing

 

Spoke to finance company and dealer to reject car. Took back to dealer and a repair was arranged with dealer and finance company. I was given a courtesy car.

 

21 March repair not complete advised relay for brakes needed replacing and part was on back order.

 

22 March returned hire car to dealer and formally rejected the car again

 

1st stop car finance are not allowing me to exercise my rights under the Consumer rights act 2015 and state they have to allow the dealer to repair and the agreement will remain valid.

 

I am not prepared to accept this car. It was sold under the pretence it had been subject to a 99 point RAC check.

 

The car is in dealership I have cancelled the insurance and tax and returned the hire car is there anything I need to do to support this rejection

 

9th March email

 

Dear Sir or Madam,

 

Complaint about faulty goods

 

I bought zxxxxxxxcx from you on 6/03/2016. I paid £10,000.

 

I now find the goods have the following fault:

 

The ABS light is illuminated.

The TRACTION light is illuminated.

The HANDBRAKE light is illuminated.

There is a loud clicking noise in engine when car running idle.

BRAKES are failing.

 

Under the Consumer Rights Act 2015 goods you supply must be of satisfactory quality, be fit for purpose and match their description. As there was a problem with the goods when I bought them, I request that you give me a full refund.

 

I appreciate that a repair is arranged for 3pm today 9/03/2016 and hope the car can be fixed however if the car is not repaired I would require a full refund. Time is against us hence this written notification in support of my claim.

 

Please respond within 14 days of receiving this letter.

 

Yours faithfully

Email received on 21st March

 

I understand your frustration on the matter in question. However, I can’t release the vehicle back has the relay we are waiting for is connected to the brake lights.

 

*

 

The part we ordered is unfortunately on back order with the dealer and the date we have been given is up until the 24th I’m afraid. I will keep on to the dealers to try and hurry the process up, but as you can imagine it’s out of my control.

 

*

Sent on 21st

 

Complaint about faulty goods

 

I bought Toyota Rav 4 SM61 OFT from you on 05-03-2016. I paid £10000.

 

I now find the goods have the following fault:

 

The ABS light is illuminated.

The TRACTION light is illuminated.

The HANDBRAKE light is illuminated.

There is a loud clicking noise in engine when car running idle.

BRAKES are failing..

 

Under the Consumer Rights Act 2015 goods you supply must be of satisfactory quality, be fit for purpose and match their description. As there was a problem with the goods when I bought them, I request that you give me a full refund.

 

Please respond at your earliest.

 

Yours sincerely

Email from dealer basically them admitting car was not of satisfactory quality when sold

 

Thank you for your emails. I am pleased that we were able to arrange a new appointment for you this afternoon following the events that occurred this morning. I understand that you simply wish to be in possession of a vehicle that is of satisfactory quality. Please rest assured that this is also our wish. As the vehicle is currently with our aftercare team for inspection and repair, I am confident that all necessary work will be completed at the earliest opportunity.

Edited April 8, 2016 by Conniff
Corrected typing error

[Conniff]

You mentioned finance in your first post. Is this a car loan or HP ??

[Conniff]

The Consumer Rights Act 2015 and in particular section 22 says you have the right to reject the car in the first 30 days. You can accept a repair, but this does not end your right of rejection.

[stuckinarut11]

You mentioned finance in your first post. Is this a car loan or HP ??

 

Hire purchase

 

The Consumer Rights Act 2015 and in particular section 22 says you have the right to reject the car in the first 30 days. You can accept a repair, but this does not end your right of rejection.

 

How do I proceed if the dealer and finance company do not allow me to exercise this consumer right?

 

Garage refusing the rejection

 

Thank you for the recent email in regards to your vehicle.

 

*It is unfortunate, we would not be able to uphold your rejection at this time. Xxx was given the vehicle for repair which we are in the middle of completing. However, the one part we are waiting for is on back order until the 24th which was explained to you hence the reason of the hold up.

 

*If you do not want the vehicle anymore, as we spoke about this when you first visited xxx you would need to take this up with the Finance company as they own the vehicle.

 

Unfortunately, by law once you give consent to repair a vehicle you cannot then take a reject on these grounds.

 

The below faults you have listed are faults due to the relay, in regards to the reasonable amount of time this does not include any parts on back order unfortunately, has this is even out of the dealer’s hands.

 

*As I previously said in my earlier emails, I understand your frustration but we are doing our best to get this resolved as quickly as possible for you.

 

In regards to the insurance, I can’t quote on that but I will speak to the finance company in order to see if they are going to be collecting the vehicle from us and liaise with yourself from there.

[Conniff]

HP, great. This means the car is not yours, and you didn't buy it. In writing, preferably by recorded or better delivery, write to the finance company, list the faults and the time you have been without the car and 'tell' them you are rejecting the car as is your right under the Consumer Rights Act 2015 section 22 .

 

It is up to the finance company to liaise with the seller not you.

[stuckinarut11]

This has been done and has been met by, " we have to allow them repair so you are still liable under the agreement and payments are due"

 

I returned the courtesy car to dealer who advised that once car was fixed they will park it in public car park and phone police cause it's not insured.

 

Sit back and await the payment demands then isit Conniff and defend any claim the finance may bring against me isit?

[Conniff]

Ok, you say you rejected the car two days after purchase, when you took it back, did you then agree to a repair ?

Edited March 22, 2016 by Conniff

[stuckinarut11]

Yes was rejected 2 days later can back that up with emails.

 

Finance company agreed the repair I have this on a recorded call, the garage were very specific that the finance company owned the car and I needed there consent to allow the garage to consult repairs. The garage made me phone them before accepting car for repair.

 

However since the car was put in for repair

 

14 days has passed, I have been advised that they relays are being replaced this was not an original fault. Furthermore when I requested the car was returned to me pending delivery of the parts I was told that as the issue was connected to brakes the car could not be released as its a saftey issue

[Conniff]

If you rejected, then the rejection takes priority over the repair. You should write/email the finance company and tell them 'you' (make the 'you' bold) bought a car that was not of satisfactory quality nor fit for purpose. I rejected that car two days after delivery and my rejection stands.

 

I request the return of my deposit in full and a cancellation of the contract.

 

If you agreed to a repair, then they have a reasonable time to carry out that repair and the change in the consumer act suggest that a reasonable time is 30 days.

[stuckinarut11]

Thank you for this. Much appreciated. Hopefully will have a decent update shortly

 

Reply from the finance company managing director

 

I would also need to investigate the matter, which I will ask my fellow director Mike Taylor to look into first thing.

 

*

 

I assure you that we take all complaints seriously and in no way deny any customer their rights.

 

*

 

Please advise most convenient number for Mr Taylor to call you tomorrow morning.

 

*

 

Regards,

 

**

 

David Enright

 

Managing Director

1st Stop Car Finance

 

The finance company 1st stop car finance have taken hold of this and in all fairness are being extremely supportive.

 

I have let myself down as I have signed a form allowing repairs however at that time It was on the condition of 14 days and also the faults noted at that time I was not aware of the relay issues.

 

The finance company have put forward a proposal in principal and are going to try and seek the part needed that's apparently on back order from their dealers.

 

The finance company have advised that once the car is returned I am legally on day 4 of the consumer rights legislation as it was paused once the garage had possession of the vehicle.

 

The finance company are also at their expense going to arrange an independent inspection of the car before it is returned.

 

They are awaiting a date from the dealer for completion of repair and then will be in a position to issue a formal response

[stuckinarut11]

• Purchased from Dealer on 3rd March 2016
• Collected on 4th March
• 4th March ABS light illuminated
• 8th March email to dealer to advise of further issues
• 9th March Car returned, Email to allow 14 days for repair or rejection under consumer rights act 2015
• The traction light & handbrake light illuminated as well as a red caution sign this made 4 lights illuminated including the ABS light.
• While the car was running idle there was also a ticking noise in the engine, I also reported issues with the brakes however I do believe this is linked to the traction light.
• 21st March Rejection letter and letter before action served to 1st stop finance.
• Rejection refused as part on back order with dealer, I confirmed this myself with main dealer
• 4th April notification of complete repair
• 5th April Automotive Consulting Engineers LTD conducted an EXPERT independent report paid for by 1st stop finance on based on my request to accept car.
• 6th April – 15.30 – Car delivered to home address. I was not in to accept collection no prior notification
• 6th April – 16.23 – Vehicle inspection report supplied by 1st stop finance
• Report identified a fault relating to the steering angle sensor this was identified after the traction light illuminated ( the traction light was an initial mentioned and reported fault)

 

This is an extract from the Inspection report:-

 

The repairers stated that they had replaced the dual mass flywheel and three piece clutch assembly and that in their opinion this was the engine noise reported by the customer.

 

 

They also advised they carried out extensive diagnostic testing and had replaced the control unit relay and sensor which had reportedly resolved the illumination of the instrument warning lights and fault codes.

 

In our opinion based on the visible evidence we can conclude the only fault identified at the time of our inspection and road test was the illumination of the traction control light after travelling a distance of less than half a mile.

 

 

This remained illuminated throughout the duration of our road test and when carrying out diagnostic testing using the repairers' diagnostic equipment this revealed a fault code relating to the steering angle sensor.

 

As such clearly the vehicle would require further investigation and component replacement as required prior to the vehicle being returned to service.

 

 

However there was no evidence of any further issues in regards to the reported engine noise as advised by the repairers and no evidence of any faults with the braking system, the ABS or traction control lights.

 

We consider upon the repairs being carried out the vehicle should then be subject to extended road testing to confirm the repair has been a success and the vehicle would then be in a condition to be returned to service.

 

Despite this the car was attempted to be returned with just a simple reset the sensor has not been replaced as per the report recommendation.

 

Any advice please?

 

 

 

 

The finance company are now ignoring all correspondance

 

The dealer have confirmed the repair has been complete however they won't allow me access to veichle and are directing me to 1st stop finance.

 

They were happy to deliver the car until I raised a compliant in regards to them confirming a saftey sensor had been replaced when it had in fact not been

 

Any ideas?

 

They have refused to return the car to myself and have advised they will respond in 8 weeks to my complaint.

 

They were happy to deliver the car Wednesday however it was identified that had lied about a sensor being replaced.

 

The car was confirmed as servoacble yesterday Thursday and due to me submitting a complaint they now are refusing me access to my car.

 

I have informed them I consider the car illegally impounded

 

Since it came to light they lied about sensor being replaced they have offered me a rejection however I want the car back on previously agreed terms

 

Are there any legal powers that allow them to illegally retain car and fail to disclose its location ?

 

Laughable after trying to establish the statistics of my car and I admit I did get frustrated at the end as I still don't know the location of the car.

 

The police have been here on a welfare call to check on me as I appeared angry and anxious on the phone to 1st stop finance.

 

What are they playing at??

 

Instead of phoning police why now just reply to my emails

[Conniff]

Send a recorded delivery or special delivery letter. You shouldn't be using the phone unless you are recording the calls.

 

If you are maintaining and aren't in arrears with the monthly payments, they cannot refuse you access.

 

As this has been going for more than a year, it's time you contacted the ombudsman - http://financial-ombudsman.org.uk/consumer/complaints.htm

Edited April 8, 2016 by Conniff

[stuckinarut11]

Wrong dates should be 2016 car was purchased March 2016.

 

First payment is not due until 1st May so no grounds to repossess.

 

My calls are recorded

[Conniff]

Ok, will change the date for you.

[Conniff]

Thinking a bit more, I would write to the finance company and say that as the car has been out of you possession since purchase on xx date, that you consider the contract at an end.

Edited April 8, 2016 by Conniff

[stuckinarut11]

That's what they want. Despite decking two rejections they now want me to agree a rejection.

 

This has only been the case since they lied cia email regarding a saftey sensor repair that had not been done

[Conniff]

I'm getting a bit lost here. Do you want the car or do you want to reject if for a full refund ??

 

If you want to reject, what's the problem ?

[stuckinarut11]

Based on the repairs and the independent inspection report and after waiting 30 days it would be silly for me to reject the car.

 

Initially that was my request however it was declined and I've been made to wait 30 days.

 

The car is now repaired with several new parts and in decent condition..

 

Based on that I want the car back especially after waiting a months for these repairs

 

Quite a lot of work has been undertaken which is why I'm not happy to accept however they want me to reject.

 

The repairers stated that they had replaced the dual mass flywheel and three piece clutch assembly and that in their opinion this was the engine noise reported by the customer.*

 

 

They also advised they carried out extensive diagnostic testing and had replaced the control unit relay and sensor which had reportedly resolved the illumination of the instrument warning lights and fault codes.*

[Conniff]

In that case I would suggest you tell them to extend the date to the first payment to June to take account of the month you have not had the car.

[stuckinarut11]

They have not collected the 1st April payment due to car being in for repair and they said they would suspend the agreement pending repairs

[Conniff]

Everything seems to be what you want and gone in your favour so not sure what is being asked now.

[stuckinarut11]

Hi

 

Apologies for the confusion. They are refusing to hand the car back or to communicate with me since it was discovered they had lied about a saftey repair.

 

A formal complaint had been submitted to which I have been told they will respond within 8 weeks.

 

In the meantime they have possession of the veichle

 

Hi all

 

Another working day. Car is unlawfully impounded somewhere.

 

No comms from finance company all correspondence ignored. Phone calls met with the person you need to speak to is unavailable

 

Any ideas?

[Conniff]

Cancel the direct debit and ask for you deposit back. Do that with a recorded delivery or better, special delivery, letter and tell them they have 48 hours to either release the car or refund your deposit or the contract will be considered cancelled by you, failure to return my deposit within 48 will lead to a summons being issued.

[stuckinarut11]

Thanks I know they'll accept the rejection.

 

Where do I stand in getting them to release the car back to me or formally provide a reason to retain.

 

I feel that if I sacrifice the car I'm losing out. Now that's the car has been repaired and a considerable amount spend I want possession as per the consumer credit agreement

[stuckinarut11]

I have today involved the fos who initially said that I have to allow finance company 8 weeks.

 

I persisted that the fact was the car is being unlawfully impounded and despite being serviceable now is failing to be returned.

 

I emphathised the fact their position had only changed since the complaint was submitted. To which they made contact with dealer and asked them to communicate with me by end of day to confirm what's happening with car.

 

Despite my rejection being refused and being made to wait over a month for a repair.

 

The finance company have now decided to process the rejection. They are refusing to hand the car back after repair as agreed. They are refusing to pay the agreed compensation that was agreed on 24th March when they refused the rejection to allow repair.

 

They are confident the deal has been recinded.

 

The fos are aware and tried to make further contact however they were unavailable.

 

Seems they think they are a law to themselves. All because I complained about they lying about a repair being complete.

 

I haven't waited over a month for nothing I want the car back repaired as agreed. It was agreed that the car would be returned after the independent inspection but now they have back tracked