Van on finance

[Ionut]

Re: Faulty van on finance

yes, i i have an other post for the same issue as i thought that nobody answer on the first one, my bad. And yes, the DPF has been removed before i took it, and the last MOT it july this year and it not saying anything on the notes about that! i think it a fake MOT and the letter is for the finance company.

[Kati]

Re: Faulty van on finance

I see you have another thread ( http://legalbeagles.info/forums/show...608#post766608) on this same matter..... very confusing!!
@Kati dearest could you merge them please

sorted xx

[Ionut]

Re: Van on finance

Good Morning

AGREEMENT NUMBER:

Further to your conversation with us yesterday, we are unable to open a complaint into the concerns you have raised as you have already agreed to repairs and delivered the vehicle to the repairing garage.
This agreement for repairs has happened without Billing Finance’s knowledge and so we would not become involved in the arrangement between yourself and the garage.

As your agreement is within the first six months, under the Consumer Rights Act we have one chance at repairing faults that were present or developing at the point of sale. As repairs are already underway, we would be unable to conduct a full investigation as to whether these faults were developing or present at the point of sale.



This is what i receveid from the finance company, after i called them and let them know about the problems and that i talked with the dealer and they gone solve it. But this is not true as i called them in the same day, 5th of november, and i told them that the dealer agreed to fix it. How should i replied back to this?

[Ionut]

Re: Van on finance

And the garage they talking about in the email it the dealer s garage.

[des8]

Re: Van on finance

Getting a little more confused.

Have you spoken to the dealer you purchased from?
If so did you request, or did they offer to repair.?
Did you agree to that offer?
Where is the van now?
If it is with the dealer when did you leave it with them?


The finance company letter reference to Consumer Rights Act is of no importance as this contract is regulated by Sale of Goods Act as per posts 4, 5, 6 & 8

[Ionut]

Re: Van on finance

Yes, i spoke whith them on Tuesday the 5th November, and i told them about the issues and they offered to fix them. After that i called the finance company and let them know about my conversation with the dealer, on the same day i took the van to the dealers garage, at the moment the van is still with them

[des8]

Re: Van on finance

It seems that you did agree to a repair. or at least it is unclear.
As however it has now been with them a month WRITE (signed for) giving them a week in which to return the vehicle in a satisfactory condition.
Tell them "time is now of the essence" and failure to comply will inevitably lead to court action under SOGA 1979 as they have breached the implied terms of the contract.

Copy in the finance house

[Ionut]

Re: Van on finance

No no , i made a mistake the van is with them from 5th of december, two days ago, i meant to write december not november, sorry for the confusion, i m a bit stressed about this situation, as i have to pay for rent, finance and other debts and without the van i m stuck.

[des8]

Re: Van on finance

Ok
As it appears you have agreed to let them repair you must allow them the opportunity.
So write as above anyway (but delete reference to having had vehicle for a month!)
As motor factors deliver parts within 24 hours this is sufficient time,

What sort of finance do you have? It affects your rights.

[Ionut]

Re: Van on finance

It a hire purchase agreement, so should i send the letter to the dealer or to the finance company? I just talked with the dealers and after 3 days they can t tell me when the van will be ready, should i write a letter to them and threathen with court? Please help!

[des8]

Re: Van on finance

if it is hire purchase I believe the relevant act is "The Supply of Goods and Services Act 1973 which you rely on, and the letter is sent to the finance house plus copy to trader.

I'm tagging [MENTION=71570]R0b[/MENTION] for confirmation of this, so wait for his input.

[R0b]

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?

[Ionut]

Re: Van on finance

Dear Sir / Madam,
Re: Notice of the isssues with the van
Agreement number:
Registration:
I am writing to notify you about the following, on 13th of september 2017 I purchased on hire purchase a van from your company, a Volkswagen Crafter. The dealer people told me when i took it that the van had been serviced and checked by their mechanic. 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, 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. Their garage 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.
I seriously doubt that these people are able to sort all the issues in a proffesional way, but i will give them the chance to fix it, as i need the van to pay for my finance. At moment I m waiting for their call, and when they call me, i will go there with a mechanic to make sure it is done properly. I will keep you updated by writting letters , and i am waiting for your responses.


Yours faithfully,
Ionut Jilca,

This is what i have sent to them. And the on contract it saying,, Hire Purchase Agreement regulated by Consumer Credit Act 1974, so that meants that I m a ,, Consumer,, in this matter

[Ionut]

Re: Van on finance

And i did called them in the same day to let them know about the situation and they reply with this,,

AGREEMENT NUMBER:





Further to your conversation with us yesterday, we are unable to open a complaint into the concerns you have raised as you have already agreed to repairs and delivered the vehicle to the repairing garage.


This agreement for repairs has happened without Billing Finance’s knowledge and so we would not become involved in the arrangement between yourself and the garage.





As your agreement is within the first six months, under the Consumer Rights Act we have one chance at repairing faults that were present or developing at the point of sale. As repairs are already underway, we would be unable to conduct a full investigation as to whether these faults were developing or present at the point of sale.

They are trying to wash their hands and let me deal with the issue, but it like you said, i didn t knew that i should put everything on finance company. At the moment I m keeping in touch with the dealer people because i will prefer to get the van back, if of course the fixed properly, if they don t, I m not gone take it back and i will have to request another one or reject the contract. Do you think i can do that? Do I have any chances?

[des8]

Re: Van on finance

In post 3 you said you used the van for business, so presumably that is the reason you purchased it.
This means your contract is "business to business" and not "Business to consumer".

Anyway, you are where you are and you actually want the van.
You might as well see if the trader can restore the vehicle to a satisfactory condition, but if he fails your action has to be against the finance company.
Of course they might argue that your trader has meddled with their property.......