Car Reject, Who to take to court? Retailor or Finance company

[j4ck]

Hi

I bought a dream car 6 months ago and due to multiple issues electrical and mechanical, I rejected the car formally within 6 months after 3 failed repairs on an intermittent issues, the car was brand new with a warranty and I provided videos of the faults to the dealership. I need some legal help without spending a fortune.

The car was bought on finance PCP

I still have the car.

I've exhausted all avenues and now I am wanting to take the retailer to court as they have stopped all communication.

Is the dealership/retailer the correct party to take to court or should I be taking the Finance company? (finance was organised through the retailer)


Is the fastest way to take someone to court through MCOL

[R0b]

Have you been dealing with the retailer throughout?

If the car is financed via a PCP agreement then you need to be directing your claim to the finance company and in all honesty, you should have got them involved from the start if you didn't already.

Under a PCP agreement you have no contract with the retailer as it's actually a 3-way transaction. The retailer sells the car to the finance company who in turn hires it out to you under a PCP agreement.

If you want to pursue the retailer by issuing legal proceedings, that is your decision but I would urge caution with that option and don't be surprised if you landed yourself with a costs order for claiming against the wrong entity.

I would suggested you make a formal complaint to the finance company and outlining all correspondence with the retailer, and what outcome you would like to see in order to have this resolved then see what their response is (based on what you've said I suspect you want to reject the car and get a refund less reasonable deduction of use. If you don't make it clear you won't have exercised your right legally). If you are not happy with it, you are free to complain to the Financial Ombudsman and failing that, court would be the next option.