HP finance agreement

[Watsondanny]

good evening

This is my first post
I bought a car on HP agreement on the 26th of October.
on the way home I noticed some issues with the car no air condition, no hot air etc etc.
the next day I got in the car I got more faults on the dash this time the car wouldn’t start. I contacted the delaship but was told he wasn’t in office and would phone me back when he comes in but never did.
after waiting a cuple of days I contacted the Finance company and explained to them that the car was faulty and was told I would need to take it to get a diagnostic test done before they would take note.
I did this and it cost me £60 and the fault was confirmed by VW the fault was there and would cost £267 to fix wich is on paper also with more faults they had come across.
so I emailed the fault and estimate to the finance company via email. After 3weeks they contacted me via post telling me that the dealership will only fix the main issue for £267.
There is so much wrong with this car and I can’t afford to pay the finance and the repairs on the car.

Just looking for some advice on what my rights are to send this car back and get my money I have payed so far

thanks in advance

[Watsondanny]

rob I tryed to tag you in main post but unsure how
thabks

[Kati]

des8 R0b ??

to LB Watsondanny XX

[Watsondanny]

Katie thank you for tagging the Wright rob for me

[des8]

Hi and welcome

As you have requested the finance company restore the vehicle to a satisfactory condition and they have refused , and as your request was within the first thirty days of purchase, you have the right to reject the vehicle and receive a full refund of all your monies.
You can also claim damages ie the costs you have met which flow directly from the unsatisfactory condition of the vehicle (diagnostic test)
You reject the vehicle as unsatisfactory and not as described
Finance company are owners of the vehicle, and what the dealers will or will not do is not your concern.

Relevant legislation is Consumers Rights Act 2015 (http://www.legislation.gov.uk/ukpga/...ntents/enacted)

[Watsondanny]

Thanks des8

i did let them know straight away but about the main issue witch I have just got a cheque for to get it fixed.
the longer I own the car the more issues I’m coming across like the suspension springs are broken ( two front ones) AC not working, the brake discs are corroded so bad that when I had to get the tyre changed the man at the garage advised me to get it fixed ASAP or don’t drive the car.
I have contacted the finance company about the above and have told me appart from the AC it’s classed as wear and tear .
I told them today that I’m looking to give the car back to them and was told I can’t unless I let them try and resolve the issue first bear in mind I’m close to my 6month period.
is there any tremplaits I can use to send them to confirmed I’m now handing the car back to them.

Thanks in in advance for your help
dan

[des8]

Hmm... broken springs aren't normal wear and tear.(you haven't driven over any potholes recently?}
Brake discs ..corroded or worn? They should not corrode unless the vehicle is left standing unused for a considerable time

The Consumer Rights Act deems that faults found in the first 6 months are deemed to have been present when the vehicle was delivered.
Write to the Finance company reminding them of this. list all the faults and tell them they have one attempt to correct them.
Failure to do so will lead you to rejecting the vehickle.
Repairs are to be carried out at no cost to you (that includes collection and return delivery) and with minimum inconvenience.

[R0b]

Hi WATSONDANNY, if you need to tag me then my username is R0b (with a zero not the letter) but I think you tagged me using the letter not the number.

First of all, who is the finance company?

Secondly, I think we need to know information about the car's history, so can you tell us how old the car is, what was the mileage recorded at the time of sale, what is the current mileage and do you know how many previous owners there was?

Des is right in that you have the right to exercise the short term reject and get a full refund but the onus is on you within the 30 days to prove that the fault existed at the time. I know you said you got a diagnostics check confirming this but was it within the first 30 days and more crucially, did you say that you wanted to reject the car at that time, or did you simply complain about it?

I agree that you should be able to get your £60 back because it was a loss resulting directly from the fault but whether you can argue not of satisfactory quality or fit for purpose might depend on the information you give us about the car. Dealerships owe a duty of car to ensure that a reasonable inspection of the vehicle is carried out prior to it being sold and if one was not done, then the lender will ultimately be liable because they are the owners hiring it out to you. They will generally pass the buck and blame the dealer (which they might have a valid claim against) but the dealership is not privy to the contract between you and the finance company so generally has no direct responsibility towards you.

[Watsondanny]

Thank you des8

ill contact them via email today.i want awere the springs had snapped untill vw did The health cheack fter the diagnostics test.
They have told me I have to take the car to someone who can say the faults we’re on the car when it was purchased although I have told them the brakes are shot and have sent them photos they tell me they can’t use photos as evidence .

[Watsondanny]

Thanks rob

the finance company is call: the funding corporations

the car is a vw Passat 2.0 TDI 59
Miles when purchased 91000
current miles roughly 94000
dont know about previous owners

thanks dan

R0b

[Watsondanny]

R0b

i send end an email to the dealaship letting them know the issue I didn’t state what I wanted it was more informing them about the fault l.

faults complained about with in the 30days

.blow heater not working
.AC not working
.damage to the Vehicle ( I didn’t see due to poor light conditions)
.steering lock column

after 30days
. Brake disks
. Suspension springs

like a day I have got a cheque to fix the repair for the steering lock column but they are refusing to acknowledge the other faults.
I have been told that the springs may be coverd by RAC but ill find out this week

thanks for your help guys appreciate it

dan

[Watsondanny]

R0b

I know your busy just refreshing post

[R0b]

Hello

Sorry I didn't reply, I think if you dind't stipulate that you wanted to exercise the right to reject, then I am not sure you can rely on that to return and get a refund.

Realistically, I think you have to accept that the car has done 91,000 miles so it's not going to be in pristine condition and there is likely going to be some problems with it in some shape or form. The issues with the A/C blower is probably going to come down to what was said in the advertisement (if you saw an advert and kept a copy of it). As for the damage to the vehicle, that's perhaps something you might not get away with and they could easily say you inspected the car prior to purchase so if it was poor light conditions they would probably argue you should have gone back a second time to view it in better light conditions.

The steering column, brakes and suspension springs are probably of more concern as there is the potential to suggest that these faults occurring very shortly after purchase meant that the car was not sold to you in a roadworthy condition, despite the car having done 91,000 miles. The dealership has a duty to take reasonable care and skill by ensuring that the car sold to you was in a roadworthy condition taking into account the age and mileage. They ought to have therefore carried out certain checks e.g. brakes, suspension etc. to make sure they were in a reasonable condition to enable you to drive the car. If they weren't, then that should have been pointed out to you at the time of purchase and/or put on the advertisement. Had they done that, and you continued to purchase the car in light of that knowledge, would absolve them (this being the lender) of any liability.

If you received a cheque and you are not happy with that, I would suggest that you are accepting a cheque as part payment and that you still require the other things to be repaired, or provide a replacement car equivalent to the one you have. Otherwise you expect the agreement to be terminated in full and the car to be returned to you.

Have you put this all in a formal complaint yet? If not, that might be a starting point and then pursue this through the Financial Ombudsman if you haven't received satisfactory response.

I've tagged des8 for any further comment.

[des8]

It seems to me, bearing in mind R0b 's comments that the problems raised in the first thirty days have been sorted.
As R0b suggested the bodywork damage would have been discernible with a cursory look, and the air con problem could be anticipated in a 91000 mile vehicle.

Regarding the broken springs, as these were found after 30 days following delivery it is deemed that they were broken at the time you took delivery.
It is for the finance company to show otherwise, and IMO are a good reason to have the finance company repair them.
If they refuse you could then reject the vehicle

Regarding the brake discs, if the vehicle is used regularly I would not expect corrosion so deep that they are unsafe.
Discs do wear, and that would be considered wear and tear.
Rust that forms overnight or within a couple of weeks standing is soon dispersed.
Rust deep enough not to be dispersed, and to be of concern, takes quite some time to eat into the discs.
So depending on your use of the car, and whether or not it is actual corrosion, you may or may not be able to include having them repaired at Finance house cost

[Watsondanny]

Good morning everyone

sorry i I haven’t got back to you all sooner the finance company have taken so long to write to me via post.
Thanks for all the points raised although some of the issues have been sorted there AC still not been fixed witch is one of the issues raised within the first 30 days or getting the car.
they have finally sent me a letter after close to 2 months of me phoning them.
i have attracted the letter to this post so you can take a look

thanks in advance

dan