What legal action can I take Pcp

[Yulee]

Hello all - if in wrong place please move..

Recently I've bought a new car (ex demo) on 3 years Pcp, I put a big deposit down so it's not much to pay off after the 3 years however....

I've had paint problems so I've contacted the dealership and they contacted Honda and approved the work to be carried out..

They done what they needed to do but I saw the problems come back up (same panel just somewhere else) so I gave it back to them to sort.. By this time they car was in there in for 2 weeks + 1 week the first time..

When I got the car back I saw problems, they scratched my roof/broke my roof trim. The finish was bad and there is over spray on the other side of the car. So I rang the dealership again and they said they will sort by this time I wasn't happy so I contacted Honda customer service who opens a case - got passed to Honda head office they said it will be sorted.. However it's been 2 weeks I've had no update from anyway so I decided to ring head office 3-4 times asking for a update and they said "waiting for the bodyshop/dealership to get in contact" it's been 3 weeks now so all in all it's been under 2 months. Payed 365 a month that's 730 pound waisted when they trying to sort my car..

I've now contacted the finance company asking to look into this and to give me my deposit back and for some money ive payed - my question is;

Where do I stand: what legal rights have I got?

Thanks for reading & please help?

[Kati]

Re: What legal action can I take Pcp

tagging @des8 [MENTION=71570]R0b[/MENTION] xx

[Yulee]

Re: What legal action can I take Pcp

tagging @des8 [MENTION=71570]R0b[/MENTION] xx

So I got no chance?

[Kati]

Re: What legal action can I take Pcp

So I got no chance?

just wait for the two I tagged to answer xx

[R0b]

Re: What legal action can I take Pcp

Your rights are set out under the Consumer Rights Act 2015. Your issue sort of crosses between the goods not being satisfactory quality and the service side in so far as taking reasonable skill and care in terms of the paintwork and not to cause damage to the car.

In relation to the car being unsatisfactory quality you do have a 30 day automatic right to reject the goods but the onus is on you to prove that the goods were defective. There is no specific case law as to how you would go about this but it would probably be accepted that obtaining an independent report from a mechanic or an expert outlining the defects would suffice.

Your alternative is a right to repair or replacement, which sounds like you have requested this when it went back to be resprayed. As there is further issues with the same panel and is not resolved but has also caused further damage whilst in their possession, there would seem to be a valid reason to then exercise your right to reject the goods and obtain a refund, in this case from the finance company and terminate the agreement. As you have had some use of the car they may object to refunding the full amount and is entitled to deduct reaosnable use costs.

You could alternative ask for a reduction in price which is a reasonable reduction based on the poor service provided but that would still mean you are tied into the contract, so the question really is what you would like to do.

[des8]

Re: What legal action can I take Pcp

Hi and welcome.

It sounds from your last sentence that you want to reject the vehicle outright and have a full refund.
Is that correct?

If so you have that right under Consumer Rights Act 2015.
Write, signed for, to the finance company confirming the details of your purchase (what when where)
Explain the faults and that the vehicle is not satisfactory.
Point out the opportunities they had to put right the problems, and their failure.
Tell them you are now rejecting the vehicle and require a full refund, including your costs.
If the vehicle is still in your possession, tell them to arrange collection.

Send copy to dealer

Eventually you will have to inform DVLA of change of keeper (don't leave it to the dealer to do)