Rejecting used car on HP

[monkeytennis]

In November I bought a 2010 vehicle from a local car dealership 5 miles away. Lovely car, although I found a bit of plastic in the boot and asked what it was... the salesman said it was sluggish to start so they were fitting a new battery and not to worry etc as salesman do, reassured me all was ok.

My friend paid a £250 deposit on her credit card to reserve the car etc and once finance was agreed with a third party I part exchanged mine (£500, rubbish I know) and bought the car.

From the get go the cars starting habits were all over the place, it would fail to start so would take two or three times of pressing the button, sometimes it would start straight away no problem. The temp of the engine and the weather would have no bearing on whether it would start. Everyone has commented on how bad it is, it's very embarrassing and not what i'd expect of a newly bought £8000 car.

The car has been back twice now for a fix but the problem is still there, it hasn't improved a jot. I've had no receipts of work. I have nothing in writing. Having a car is imperative to my job as I work 25 miles away, so it's quite stressful to be without, which is why it hasn't been sorted sooner. I will need to check how many miles I've done in it.

I'm also worried that if I reject the car with the finance company I will a) not get finance with them again or b) they'll do another credit check on me for a replacement car and what if I don't pass.


What would you advise me to do in this situation? Any guidance would be very much appreciated.

[des8]

Hi and welcome.

Not quite sure what you want here: rejection or repair?

Have you been in contact with the finance company at all?
They should have been kept informed of the problems as they are the owners of the car.

If you reject the car now (within 6 months of delivery date), the finance company will have the right to one attempt to repair the vehicle.
If they fail you will be entitled to a refund less a deduction for usage.

Whether or not they will offer you finance in the future would be a commercial decision for them.
Any finance house will check your status with a CRA, and if you don't meet their criteria they will not lend you the money, and you have to try elsewhere.
Do you have particular reasons to worry about credit checks?

As a credit card was used in the purchase a refund might be possible from them, although as it was not your card I'm not sure if that would work.

[monkeytennis]

Sorry I should have said, I'm at the point where I just want to return it. It's already been in for 2 attempts at repair and I've been fobbed off with silly statements from the garage.

I only just discovered in the past few days that it's the finance company who have the agreement with the garage so I haven't even informed them of the issue thinking it was nothing to do with them. I'll be calling them in the morning but wanted to get some facts straight/be a bit more informed before calling.

This particular finance company was the only one who gave me decent/affordable rates so if I reject the car and they don't give me finance again I won't be able to get another.

[des8]

Would suggest that if you speak to them you obtain the name of the person with whom you discuss the matter and then confirm your conversation in writing.
You might need a paper trail letter on down the road

[Tone69]

Did you manage to get it all sorted out? I'm going through a similar problem with my car dealer. Since you'e had the car returned to you after the 1st repair and it' still not right then you have the right to reject the car with the finance company under Section 22 of the consumers act 2015. Make sure you document everything and put it in writing to your finance company stating you wish to reject the vehicle due to the defects and tell them about the car having been repaired not once but twice.
Don' know if you'e already done all this mind you so I'll stop rambling on haha.

[monkeytennis]

Ok, we're a bit further along now. Here goes....

Just to clarify, I contacted the garage 16 days after buying the vehicle with my complaint of the issues it had. (It had issues from day 1 but I was also going through a bad time at work so things were delayed as it was something else to deal with) I naively bought their assurances and thought it was the battery (that they have now replaced twice) so things dragged on even more.

I then got the finance company involved and they involved the finance broker, car247. Who sent an engineer to inspect the vehicle. I say inspect in the LOOSEST sense of the word, he didn't have a spanner on him, not even a diagnostic kit. He literally drove the car a mile and reported it had no faults.

They had the car back for a third repair, replaced a couple of bits and said they found no fault codes....

4 days later I got stranded in the car and the AA came and plugged in diagnostic machine, and low and behold 4 faults were logged. Faults that don't just turn up overnight according to the AA guy. This car has been a nightmare.

I contacted the finance company again and said I was rejecting the vehicle. The person I'm dealing with at the finance company is coming across very nice but also like he's never dealt with a rejection before?! And he keeps contradicting himself. Things are going very slowly.

The car used an incredible amount of fuel, a symptom of the faults. However, I had to continue to drive the car the work or I would've lost my job. I've done circa 6000 miles in it having no other choice. I've stopped using the car now since the AA visit and the proof of faults, its sat on my driveway. The finance company were 'coming up with figures' last week (because of usage I assume) but I'm not involved in this negotiation it seems.

I sent a letter before action last week to the finance company requesting a full refund and detailed ALL costs I would seek on taking it to court, I gave a 14 day deadline which is up in a couple of days.

As it stands the finance company are waiting for a response from the dealer via Car247?? I'm stuck with borrowing a car from my friend who is now without transport because of her goodwill because I'd be unable to do my job. All in all, a right PITA.

Can anyone advise on how I can get things moving? I've actually been to court before over another lemon I bought, I won the case. But it took a while and I can't be without a car.

[des8]

1) do keep up the finance payments. If you stop payment you will be in breach of contract
2) be prepared to initiate the claim. Prepare the papers and send copy to finance company telling them they will be submitted in X number of days if they don't progress your rejection
3) hire a car whilst awaiting settlement and add cost to claim, but if that is not viable
4) buy an old banger for short time use. Again costs become part of your claim

[monkeytennis]

Ok so someone came to collect the car. I took a video of it all before it went and as he drove it away.

The finance company sent a letter saying they 'hope to have a decision within 14 days'...! The dealership have also said something about the bodywork condition of the vehicle (according to the finance company) just another way to delay. Thankfully I have videos of condition as I knew they were dodgy.

Ive had to buy an old car (including insurance obviously) which has set me back over £900. Meanwhile I'm in the dark about the amount they will propose for usage. I've paid about £1200 plus my £500 deposit and they're still taking £200 a month for the car that I no longer have? Can I stop paying now?

This car was back in the garage 16 days after I bought it, I read on another thread that this is part of a short term right to reject. Can anyone clarify?

I feel I'm.being held to ransom here with them having all the rights.

The car dealer could sell these lemons and 1) get the warranties WE pay for to fix their dodgy stock and 2) Get usage payments back and essentially make their money hiring lemons out.

[des8]

On what date did you tell the finance company you were rejecting the vehicle?

When is the 14 days up?

[monkeytennis]

The 14 days is up at the end of the week. I informed the finance company about 3 months ago of an official rejection.

[des8]

So an email to finance company reminding them you rejected the vehicle 3 months ago, and their 14 days expires tomorrow.
Any further delay is unconscionable and you are therefore about to initiate court action, which do

[monkeytennis]

Another update!

The finance company are giving me 3 payments back, so half of what I've paid and they told me the car dealer is keeping my £500 for vehicle damage. They said I have to take it up with the dealer, the dealer said take it up with the broker and the broker said take it up with the finance company. This is getting ridiculous.

I've asked for evidence of damage, bearing in mind I filmed the vehicle before it left and AS it left.

[des8]

So they have accepted the rejection. Hurrah!

Now write to finance company telling them the car was undamaged on collection & they have 14 days in which to return the rest of your payments otherwise you will initiate court action without further notice for the balance and damages which you will quantify when issuing the claim.

[monkeytennis]

Is my small court claim against the finance company or the car dealer?

The finance company have finally forwarded the 'damage'...the garage took pictures before they cleaned the vehicle. It includes damage that was there when I bought it, so that's a kick in the teeth. How can they or even I prove damage of whats new and what was there at point of sale! I was debating whether to have it valeted before sending back but it was another cost and it showed it had been sat on my drive for weeks unused. Now I'm regretting that decision.

Who is responsible for returning my initial deposit?

The car has also gone back up for sale at the dealership! So the garage are selling it with its faults again and using the pictures from last year.

[Amethyst]

Next time you buy a car, take photographs of the whole thing before you drive it off the forecourt. Although, you say the dealer has it back up for sale using the same pictures from before you bought it ? Are they a decent enough quality to get and zoom in to evidence the damage or is it hidden ?