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hire purchase agreements & the law


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Bought a 2nd hand caravan from a dealer in feb06,after 2 months the whole van flooded out. After 2-3 weeks the dealer offerred a replacement as we were shortly going on holiday.

during the holiday, found major damp in the van. got dealer to pick it up and they admitted that it should not have been sold like that.they refused to cancel the hp agreement although i told them that the van was not fit for the purpose for which it was bought.

The hp company(Black Horse Ltd) were informed and told of the request to cancel the agreement. they refused due to the dealer repairing the van, although they were informed in writing not to do so.

Black Horse deny they have any responsibility regarding the actions of the dealer,trading standards say that the revised law relating to goods bought, within 6 months it is the supplier who has to prove the goods were not faulty, does not apply to hire purchase agreements i.e. there are no laws to protect the consumer with regard to hire purchase agreements.

Black Horse and other finance companies know if the goods are above a certain amount and faulty, you cannot take them to the small claims court and will cost you a arm and a leg the other route.

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Yes this is correct.You can of course launch a small claims court claim for compensation up to 5k to right the damages that you have suffered/need to rectify the problem.

I would certainly consider going down this route.

Before this though you would need to be able to show that you have exhausted avenues to resolve the situation ammicably without a fair conclusion.

The supplier has the opportunity to exercise some discretion and goodwill,and may be able to offeset a payment to you from their insurers.

You should put some things in writing to them and make it clear that you want something done.

Although going down the other road for complete refund could cost you up to 750 quid,on the other hand the supplier could equally feel it uneconomical to him to defend in the small claims.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.



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Thanks for the information.

Trading Standards have been in communication with Black Horse since July 2006 and have been informed by them that they have no responsibilities for the actions of the dealer. Trading Standards have informed them otherwise.

Trading Standards now say that if i cannot find a independent inspector to disclaim the dealers statement that the goods are not repaired to a satisfactory level then the only 2 options left are either go to court or contact the regulator.

No Independant local repairers will look at the van as they sometimes obtain work from the dealer and do not wish to risk their own financial position, which is understandable.

I am unclear as to what my next step should be as i have undertaken this through advice from Trading Standards.

Black Horse have refused my request for a damp report as well as a breakdown of repairs, only saying that it has been repaired and has no damp.

I have reported the dealer to the National Caravan Council regarding the quality of the repair work but unsure as to what my next step should be with Black Horse.

I am still making payments to the agreement so that my credit rating would not be affected.

Does it cost up to £750.00 to take someone to the small claims court?

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