Rejecting used car on HP

[monkeytennis]

Some show the damage was there already, I've saved all the pictures showing the date on my computer. The fact that it's dirty in the 'damage' pictures they took doesn't help as even cobwebs look like marks.

[des8]

The garage are keeping your deposit and the finance house are keeping three month's worth of payments?

[monkeytennis]

Yeah that's correct. I feel like I'm being charged twice.

The finance company have said the onus is on me to prove the damage was there at sale.
I've actually got some pictures of before and after which show the majority of the 'damage' was there at point of sale.

[des8]

So request a breakdown & proof of the costs that the finance house and garage incurred because of the alleged damage caused whilst in your possession,
Tell them you have photographic proof of the damage that was present at the point of delivery.

[monkeytennis]

The finance company sent me a snotty email saying they are sending me a final response letter, that the damage claim has been uncountered and they're closing the complaint. Bearing in mind this came the day after I finally received the forwarded 'damage' photos id been asking for that they'd had for a week and not sent me.

Should I now send the finance company all the photos?

Its the finance company who have told me the dealer is keeping my deposit. I've emailed the dealer 3 times and haven't received any reply.

The way they're dealing with this, not to mention the financial loss, makes me want to proceed with court action. Just for future reference who would I file against? The finance company or the dealer?

[des8]

The total due from the dealer is £750 (£250 on friends Credit Card & £500 trade in) ?
There are 3 months instalments due from finance house?
You have outstanding costs caused by this breach of contract? This will include any loss you make in selling your "temporary" set of wheels.

Now Sec 75 of the Consumer Credit Act 1974 makes the financier jointly and severally liable to the debtor so assuming your finance agreement is a hire purchase agreement you sue the finance house for the whole lot.
Perhaps you could post up (suitably redacted) a copy of your finance agreement so we can check.

[monkeytennis]

The agreement had a password so took me a while to figure out how to redact! Please see attached..

The finance company said we should have informed them of any kind of damage when we bought the car..?! By damage they mean missing bits of trim and shopping trolley marks etc I haven't sent them all the pictures and comparison pictures yet.

[des8]

Standard HP agreement regulated by Consumer Credit Act, so they are liable for the lot.

Their form does not require you to inform them of any kind of damage.
it only (under important points to note!) requires you to inform them "if you do not think it is good working order, repair or condition or does not meet any specification you gave the dealer"
That is not the same as "any kind of damage".
Depending on age, mileage and cost "condition" would be a subjective call.

[monkeytennis]

They've been ignoring me. I've just received a response where the FC have quoted the finance agreement where it states..

'When the dealer delivers the Vehicle to you, you must examine it thoroughly before accepting it to make sure there are no defects that can be found from a visual inspection. If you do not think it is in good working order, repair and condition or does not meet any specification you gave the dealer, you must inform us immediately.'

Now this was a 2009 car, I didn't for one second think I had to report all it's marks. Scuffs and marks are to be expected on a used car of this age.

The FC also, in response to my photographs, said that there is no date on the photos. At the moment I can only date them by the fact we put new centre caps on the wheels (different colour to the ones that were on the car at time of purchase). He gave me the legal dept details I requested so I could start a small claim.

The Financial Ombudsman have told me the FC have been sending 'misleading information' about whose responsibilty it is to return my deposit. The FO have yet to assign my case to someone.

[des8]

If you have registered a complaint with the FOS and want them to deal with it you cannot initiate a court claim.
If you do the FOS will not consider your complaint further.

Having lodged the complaint you can let it run.
If you disagree with their findings (they work on the basis of what is fair rather than legal) you can then initiate court action.

The FOC is free and less stressful!!

[monkeytennis]

Ahh that's useful information Thank you. (as is everything else you've advised!) I'll speak to my partner and see whats best. Will update soon.

[monkeytennis]

Update!

A couple of days ago, without warning, I received my £500 deposit back in to my bank account. I assume a letter from the FC will follow but who knows.
So a fairly good result in the end, although not without a WHOLE lot of stress, confusion and subsequent financial outlay.

My complaint is still live with the Financial Ombudsman because the whole process was ridiculous.

[des8]

Thanks for the update