HP finance agreement

[Watsondanny]

R0b I forgot to tag you in previous message

[des8]

Well you do need to show that there are still outstanding faults, which you have already mentioned, but which they have not corrected.
Those faults (eg broken springs) would seem to be self evident and require little in the way of a report
It is up to them to arrange for the repairs at no cost to you, and with as little inconvenience as possible.

As they have not brought the vehicle back to a condition where it complies with the act you are entitled to reject the vehicle.
They only have the one chance in the first 6 month period to correct the faults

If they do not accept your rejection your only recourse (other than keep the car) is to initiate court proceedings.
You would be able to claim back all your costs for reports on the vehicle etc at that time if you were successful

[Watsondanny]

des8 Thank you

this is finance company are hard work and they have left me waiting for them to get back to me for over a month.
The RAC will fix the springs but I have to take it 15 miles out of
were I live to get the repair done so means taken a day off work.
I have told them if the car isn’t fixed then I have no option but to reject the car but was told via a phone call that I would have to prove the faults were there when I took ownership of the car.
Is there any templates I could use for rejecting the car

des8 thanks again

[des8]

You only have to make it plain that you are rejecting the vehicle
CRA 2015 sec 20
(5)The right is exercised if the consumer indicates to the trader that the consumer is rejecting the goods and treating the contract as at an end.

(6)The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader.

If they don't accept that and you wish to initiate court action we can help with the paper work

[Watsondanny]

des8 thanks for the fast reply

i wil do this via via email today it may shock them to get the finger out.
if they do accept he reject am I able to get most of the money I have payed for the car so far. I understand that there will be some deductions for mileage ect ect....

Thanks again

[des8]

As far as I can see you told them about the problems early on.
VW examined the car and listed various faults, but the finance co. only rectified the major problem.
If that is correct, and the faults are not minor, then the thirty day clock stopped ticking and technically you should get a full refund.
However life isn't always that simple and they will look to reduce the refund for usage.
However the repairs should have been carried out at no cost to yourself (ie they should have paid for delivery to the repairers) with minimal inconvenience.
You should also recover your costs (diagnostic test + others) as these are a direct consequence of the unsatisfactory condition of the vehicle.

But don't expect them to roll over!!

[Watsondanny]

des8 hey thanks for the advice I’m writing my letter tonight explaining to them I’m rejecting the car if they won’t rectify the issues raised or give me a replacement vehicle and all payment will be stopped as a result of this

i know it isn’t going to be easy but I’ll feel better to know I don’t need to keep paying finance on a car that has faults.
also the cut off date for the 6 month is on the 26 of this month so need to raise it now

thanks again
des8 will keep you informed

[des8]

1) don't stop paying. If you do you are in breach of contract and the finance house will trash your credit rating

2) once you made a request for faults to be rectified, the 6 month clock stops until the vehicle is returned to a satisfactory condition. so no worries about
rejection time limits

[Watsondanny]

Thanks for the fast reply

So do I still need to put forward that I will reject the car unless the faults are fix?
can I request for them to arrange for the car to be picked up by them to get it fix as it’s inconvenient for me to travel 20 miles there and back and to be left with out a car for x amount of days.
Just trying to cover my back before the 26th

thanks again des8

[des8]

I would just tell them that I am rejecting the car under rights bestowed by CRA 2015 as the vehicle is unsatisfactory,
The faults were noted on the VW report of dd/mm/yy & reported to them on dd/mm/yy .
They have failed to put the car into a satisfactory condition, although they have had opportunities on dd/mm/yy etc