Moneyway Car Finance "Supply of Goods" (Implied Terms) Act 1973

[Mike1976]

Hi Guys.

Just a bit of advice if possible.

I purchased a car from carcraft back in June 2013 and have so many issues with it since.

Brief history...

car purchased June 13 car broke down August 13. And toed back to carcraft. Explained that the car was a non starter and that there is a smell of diesel coming from the blowers. Job sheets says non start. starter motor fitted. No work done on diesel smell. Car then broke down again about 3 months later same issue. Back to carcraft 2nd starter fitted. About 4-5mths later same issue again. Took it to another garage explained about the diesel smell and they put in another starter motor (3rd)

Fast forward..... this starter motor changed again by another garage. The new garage has informed me that there is a diesel leak in the engine that is dripping on the starters and killing them.

Contacted trading standards who advised I should make a claim against the finance company Moneyway. Under the Supply of Goods (Implied Terms) Act 1973. Which I have done. The car is currently broken again and appears to be the Alternator again according to my garage probably due to the diesel leak. Got a call from Moneyway saying they need more info. Which I'm about to provide all the work completed on this car in the form of job sheets. Moneyway have told me not to get work done anywhere else or it will void my warranty. Which has already run out with carcraft anyway. Does anyone know my rights going forward.

Thanks guys

Mike

[des8]

Re: Moneyway Car Finance "Supply of Goods" (Implied Terms) Act 1973

Basically you are claiming against the finance house as they own the vehicle.
The warranty supplied by Carcraft can be ignored as it is meant as an enhancement to your statutory rights.
Your statutory rights are those given by SOG (implied terms)Act which makes the Finance Company responsible for the the goods supplied, which have to be of satisfactory quality.
They may have the vehicle repaired (or pay for it to be done) or offer you a refund.
As you have had the vehicle almost two years, if they offer a refund it could well be only a partial refund as you have had the vehicle nearly two years.
When writing to them (everything in writing!) only send copies of your documentation.
You might need the originals if the HP company doesn't co operate

[Mike1976]

Re: Moneyway Car Finance "Supply of Goods" (Implied Terms) Act 1973

Thanks Des8. If I can prove that this fault has been there pretty much from the beginning. And they have been opting to fix the the symptoms of the fault I.e. (starter motors) as apposed to the root cause I.e.(The diesel leak from the engine) should I have a case?

Thanks again.

Mike

[pt2537]

Re: Moneyway Car Finance "Supply of Goods" (Implied Terms) Act 1973

If the cars on hire purchase, then take a look at s75(1) Consumer Credit Act 1974 which may well assist you in this matter

[des8]

Re: Moneyway Car Finance "Supply of Goods" (Implied Terms) Act 1973

Thanks Des8. If I can prove that this fault has been there pretty much from the beginning. And they have been opting to fix the the symptoms of the fault I.e. (starter motors) as apposed to the root cause I.e.(The diesel leak from the engine) should I have a case?
Mike

You have a case, but whether or not you can prove it is a separate question.
As pt has suggested s75(1) Consumer Credit Act 1974 might be of assistance