Van on finance

[Ionut]

Re: Van on finance

What legislation you refer to will depend on whether you purchased the van on finance as a consumer or as a business. If you were a consumer then the Consumer Rights Act will apply as the SGSA only applied if you entered into the agreement on or before 30 September 2015 (as the CRA came into force on 1 October 2015 and amalgamated the previous legislation). If you were not a consumer then yes the SGSA will probably be the correct Act to mention.

@des8 FYI the latest SGSA is 1982.

As a side note, you ought to have contacted the finance company first because they are the owner of the van if it was on hire purchase. A lot of people get confused because they go to the dealer and get the vehicle from them then they must be responsible but that's generally not true. Under a hire purchase or similar type of agreement, the dealer will sell the vehicle on to the finance company who in turn loans the car out to you on a hire basis. The dealer really has no interest in the matter with you and strictly speaking does not have to deal with any of your queries. This is because they did not sell you the car, they sold the finance company the car so that's why you should raise the matters first with the finance company rather than the dealer as the finance company will then contact the dealer on your behalf. Of course most dealers will tend to address any problems or issues but you should still be keeping your finance company in the loop because if it all goes pear shaped, they will be the company you have to sue.

So just to clarify the van has been with the dealer since 5 December right? You would generally have to allow them a reasonable time to carry out the repairs which would usually be 14 days, however you also have to be realistic where the job is a lot bigger and may take more time to complete. For example, where there are multiple issues or engine components need to be tested/replaced you may allow a little more time. Also, you should not be in a position without any significant convenience to yourself (assuming you are a consumer) so they ought to provide you with a courtesy car/van if you use it on a daily basis.

I'd also be rather concerned about the response from the finance company as well, who is the lender here? Just because the repairs are underway, does not mean they can't carry out an investigation. As the issue is within 6 months then it is presumed that the fault existed at the time it was taken possession of - unless they can prove otherwise. Nonetheless, they should still be carrying out an investigation into this and note down what has been done to resolve it.

What letter are you intending to send them?

Hy! Can you please tell me if I am allowed to record the calls between me and them? as i got the van back after 8 days and it still not done properly and i need to take it back. I called the finance company and let them now about the problem and now i m waiting for a response. I m loosing time and money because of this and it affect my abillity to pay my finance, do you think i can ask them to pas me on this month payment?

[Ionut]

Re: Van on finance

Can R0b help me please? Can recorded calls be sustainable proof in court ? it is aloud?

[Onestepatatime]

Re: Van on finance

I believe that you have to inform the person that they are being recorded at the outset of the call to make it legit. ??

[des8]

Re: Van on finance

tagging [MENTION=71570]R0b[/MENTION]

Hi @lonut it is the weekend and R0b isn't on at the moment, but I'm sure he'll look in asap.

A transcript of the call, as an item of referenced evidence in the witness statement passed beforehand to all parties before the hearing is likely to gain approval.
It would also help if the other party was aware the call was being recorded, although I believe covert recordings can be used

[Ionut]

Hy! Can ROB help me, please? I just got van from the dealer s garage, this is the second time when the van been with them. I dropped it on 8 of january and took it back on 25 of january, so more then two weeks been with them. Now 3 days later, i still have problems with the van, engine management light on and it going in the limp mode after 50 miles. I m tired of this, because after 2 attempts of trying to fix it still faulty.So i want to finish with them as this van has serious problems and i can t used it. The contract it in the first 6 months so 100 percent the problems were there when I bought it. Can you please tell me what steps should i take? As i m planning to send them a letter to inform them that i don t want to keep the van and i want to cancel the contract, so a VT letter it the one i should send ? Or is something different?

[Ionut]

Can R0b please advice me about this, as I planning to send the following letter to my finance company.

On the 13th of september 2017, I bought the above vehicle supplied under a Hire Purchase Agreement with your company, Billing Finance. Two months later, on the 27th of november, the engine management light, came on the dashbord toghether with the water level light, even if the water level was normal, the van was going into a limp mode after exceding 50miles/h, and on the hills. I took it to, two local garages for a test, and they told me that the head gasket needed to be replaced, and that the turbocharger was not working properly, the DPF has been removed, and other electrical cables disconected such as the cable for ADBLUE. After all these problems, on the 5th of december i called your company and the dealer to notify them about the issues. They offered to solve it, but i had to bring it to their garage which is 55 miles away from my house, as i live in Birmingham and their place is around Leicester. I did that the same day, 5th of december. On 13 of december i got the van back from the garage. The mechanic told me that he sorted out all the issues and that the vehicle was ok, but two days later the vehicle was still loosing water, so on the 18th of december i called your company and let them know about the problems. Because of the Christmas period the dealer's garage was closed so I had to wait untill january 2018 to take the vehicle back to the garage. On the 8th of january 2018 I took the van to the dealers garage. On the 25th of january I got the van back from the garage, but a few days later the engine management light came on and the van was going in to a limp mode after 50 miles. I called your company to notify you about the problems.
On the 12th of february I took the vehicle to the Volkswagen Van Centre for an inspection and they gave me a list with all the problems that the vehicle has. I will enclose a copy of the report for you, plus a copy of the receipt of the diagnostic, for wich I require a refund of 60 pounds.
I have lost faith in the vehicle and I am unable to rely on it for work purposes .
The Supply of Goods ( Implied Terms) Act 1973 (as amended) and also The Consumer Act Rights of 2015 implies into our contract certain statutory rights. The relevant ones here being that the vehicle I was supplied with should be of a satisfactory quality and fit for its purpose. This vehicle is evidently not fit for purpose and certainly not free of defects.
I believe that you are in breach of these obligations and so are in breach of contract. I therefore believe legally entitled to reject the vehicle. I already gave you two chances to repair the vehicle.
I wish to reject the vehicle terminating our agreement under SGA 1973 and also CRA 2015 and claim a refund of all the sums wich I have paid under the agreement. This includes instalments paid since the agreement was enterd into making a total of 1121.9 plus the Advance Payment of 1346.00 ( From 13 of september 2017 to 15 of january 2018) and any other payments made to you before this matter it resolved. This refund should be processed with an undue delay and if after 14 days this is yet to happen I will take further action.
In my view of the nature of the above defects, I am not prepared to consider any further attempts to made to repair the vehicle. I have been more than patient in allowing the dealership to repair the numerous faults to this vehicle, I simply cannot keep making trips and taking time off work to have any further repair work undertaken on this vehicle.
Please let me know how you wish to arrange to collect the vehicle and refund the sums paid to you. Please keep all corespondence in writting so that i can keep records of all dealings related to this.