rejecting a car on hp

[Bigcarcrap]

hey everyone

i bought a vauxhall antara on 24th feb 2018 and iv had nothing but trouble and problems with it. so sorry about the long post


collected vauxhall antara Sat 24th feb 2018
upon arrival it had not been MOT'D waited 45 minutes

Sunday 25th feb slight rattle when accelerating in 2nd

Thursday 8th March dumped oil all over driveway

Friday 9th March rattle starts in 1st 2nd and 3rd and struggles to pick up speed

sat 10th march contact supplying garage who gave me the number to their mot centre.
Booked car in for thursday 15th.
Sent email to finance company to update them with the problems with the car.

Wed 14th March Recieved a call from finance company asking for more information which i provided. Told
them the car was booked in for 15/3

Wed 14th March 16.22pm received a call from Lee at garage MOT centre questioning why i had got the
finance company involved explained i needed to cover my back as the car had only been in my possession two weeks
and i was not happy it was already experiencing problems

Thur 15th March dropped car at the garage and collected a courtesy car - Peugoet 2008

friday 16th march recieved a call tos ay car was being sent to specialist. would ring monday
no calls from the garage. I contact them on thursday 22nd march and they said waiting on a part
but no idea when it would be ready.

tuesday 27th March recieved a call from billing finance - still no word on car being repaired
kept in touch with garage no word about car

Tues 1st May recieved a call from garage saying the car was fixed and i could collect the next day
i was told they had replaced the clutch and dual mass flywheel and the transfer box had been throughly tested by a specialist.
i collect the car wed 2nd May at approx 11.20 - at 17.05 the car was making a warning sound with dashboard lights flashing and something leaking from rear of car
spoke to lee at the garage and he told me to drive it home and someone would collect it the next day.
Thursday 3rd May car collected from home on a recovery truck at approx 10am
spoke to lee and he said it was the o2 sensor and a leak in the transfer box.

friday 4th May car delivered back to workplace around 1pm
Car still leaking spots of oil and the steering is clicked on turning

Monday 28th May car dumped a puddle of oil
still leaking spots of oil onto driveway

Sunday 3rd June Car engine cut out and engine light with a car and spanner came on.

Monday 4th June rang car finance company and let them know about complaint with the car finance said they log it and ring back

tues 5th june rang broker to tell them about complaint and that iwanted to reject the vehicle they agreed the car has been very problematic

7th June Finance company rang to say i needed to get evidence of the problems, iv booked car into vauxhall and await eveidence of oil leak

14th June recieved proof from the garage the car is leaking oil from the driveshaft

18th June sent evidence to finance company

19th June finance company rang to say they had recieved evidence and the broker car finance 24/7 wanted there own independent
inspecteion done to which i agreed my details could be passed on.

26th june finance company rang to see if inspector has been in touch and booked car in, i had not heard from anyone.

27h June finance company rang to say the broker would follow up on inspection.

29th June DPF light ond dash has came on as car is not going into regen, car went limp briefly

30th June warning chime from the car whilst driving no lights on dash at this time

2nd june rang finance company to tell them about different problems the car is experiencing - no one available to speak to me.

Now it seems the other side are stalling until it passes the 6 month mark and i dont know where to go or who to turn to. someone please help me

AO62 TWA VAUXHALL ANTARA 2.2 SE NAV DO NOT BUY THIS CAR

AO62TWA

[ostell]

Put it in writing that you are rejecting the car under the Consumer rights Act 2015. Point out that there have been multiple attempts to repair but with no success,. you want the money paid to be refunded to you within 14 days, or earlier, and the garage to pick up the car by arrangement. Send to both the finance company and the garage. Get certificate of posting from a post office to show that the letter was sent.

[des8]

When rejecting tell them you are doing so under your short term right to reject and you require a full refund
The short term right continues in force as the thirty day clock stopped ticking when the faults were reported and doesn't restart until the vehicle is in a satisfactory condition.

If you rely on the final right to reject the finance house will deduct a usage charge

[Bigcarcrap]

When rejecting tell them you are doing so under your short term right to reject and you require a full refund
The short term right continues in force as the thirty day clock stopped ticking when the faults were reported and doesn't restart until the vehicle is in a satisfactory condition.

If you rely on the final right to reject the finance house will deduct a usage charge

thanks DES8 would this work? i thought the clock only stopped whilst the car was back within their possession?

if this is correct then that seems better for me. Can i do this even though they are now requesting an independent inspection even though vauxhall have confirmed the driveshaft leak?

[ostell]

So get in NOW before the clock ticks any more. Yes it is written into the Act that the clock stops so as to stop unscrupulous traders delaying things so that the right is lost. The fault has been admitted so why are they requiring an independent inspection? The fault has been admitted.

[Bigcarcrap]

this is the letter i am sending i have removed any personal info, does this sound ok to send to the finance company?




Dear Sir/Madam,

I recently bought a car from your company, ********* on 24^th February 2018. The car is a 2012 Vauxhall Antara .**********

The faults with the car are as follows

• Oil leak from the driveshaft (present since purchase and I was told this had been fixed in the 50 days it spent in the garage)
• Steering is faulty (knocking on turning)
• Car is failing to go into regen. DPF light keeps coming on and warning chime
• Car still has a rattle at 2000rpm

I have allowed the dealership (Redburn Motor Company) to attempt to fix the problems with my car. To date, the car has been with your mechanics 50 days on two separate occasions since I collected the car on 24^th February 2018.

The car has not been in good working order since day I received it and I enclose photographic evidence of oil leaks and dash lights.

I made it clear from the outset that my allowing you to repair would not affect my right of rejection and accordingly as you have been given ample opportunity to correct the faults with the vehicle, but with no satisfactory conclusion, I am therefore rejecting this car.

I refer you to the consumer rights act 2015, specifically Section 9 which details that the car I bought from you must be of satisfactory quality. The car you have sold me is not of a satisfactory quality, as such I believe you are contravening consumer rights act 2015.

I request that you pay me the full amount of £1085.96 for payments made to date. I also expect you to pay for the independent inspection I have had to have done totalling £25.00.

I expect to hear from you to confirm you have received this letter and so we can arrange a refund within 14 Days.

I request that you collect your car as soon as possible.

If you fail to accept my right to reject this car I will be forced to progress with legal proceedings in the County Court in order to recover the money and costs such as loss of earnings, at £80.00 per day will be added due to being without a working vehicle.

Yours Sincerely
******* ******

[des8]

I would go for something simpler

To xyz Finance Co.

On 24.02.2018 i took delivery of vehicle Make Model Reg No. from Redburn Motor Company.
The finance was arranged through yourselves. (HP (?)agreement no xxxx)
On !0.03.2018 I advised you of a number of faults that rendered the car unsatisfactory
I was content to allow the vehicle to be repaired.
However despite many attempts to improve the vehicle, it remains unsatisfactory .
As the problems were reported to you within 30 days of delivery I am exercising my short term right as per Consumer Rights Act 2015 to reject this vehicle
I request that you pay me the full amount of £1085.96 for payments made to date. I also expect you to pay for the independent inspection I have had to have done totalling £25.00.

I expect to hear from you to confirm you have received this letter and so we can arrange a refund within 14 Days., and collection of the vehicle
Yrs etc

I would not at this stage mention court or push for loss of earnings (which you probably won't win)
It is more likely to put their backs up than come to an agreement

[ostell]

You are also above the limit for small claims court so not quite so easy through the court.

[des8]

Well noted ostell

If it comes to court might be worth keeping claim below £10,000

[Bigcarcrap]

i did think it might make them dig there heels in mind!
i will edit it to the simpler version, though iv never had to do anything like this so its all new to me and its doing my head in now

I paid 7991 for the car on HP and the 1085 is the payments iv made so far. i just wanted the finance cancelled really.

[des8]

OOps ..I think Ostell & I both read £1089.56 as £10089.56!!
How much was the car?
How much deposit?
How much borrowed?

You can only claim back what you have actually paid out, not what you borrowed.

[Bigcarcrap]

OOps ..I think Ostell & I both read £1089.56 as £10089.56!!
How much was the car?
How much deposit?
How much borrowed?

You can only claim back what you have actually paid out, not what you borrowed.

yes that what i mean the car was 7991 i borrowed somewhere around 13k iv paid £1085 in payments so far and didn't pay a deposit. i also used a broker car finance 24/7

[ostell]

I did read it as over £10,089 !!!! Yes continue with that threat of court claim but add in any losses you have incurred because of the faults. How much did it cost to clean the drive?

[Bigcarcrap]

iv not yet had it cleaned as yet as its still leaking oil so not much point.
the threat of loss of earnings is because i'm self employed and need a vehicle for work so without a working car i cant work which means i cant pay the finance

so should i leave the bit about legal proceedings?

[des8]

Unless the finance house knew you required the vehicle for work you will have difficulty claiming back lost income.

So keep in the monetary section, but amend slightly to:
"I request that you pay me the full amount of £1085.96 for payments made to date. I also expect you to pay for the independent inspection I have had to have done totalling £25.00,
I will also be seeking to recover other costs not yet quantified."

I would not yet start talking court, try and resolve matter before taking that action.
The fact you quote CRA 2015 should alert them to the fact you aren't ignorant of your rights and the remedies available.