rejecting a car on hp

[Bigcarcrap]

ok so another update

spoke to the finance company and the supplying garage are refusing the rejection of the car and are saying the faults are not he same as the original faults.

now this has had an inspection done by vauxhall and another by ace automotive. which concludes the faults were present at time of sale

the finance company and broker are trying to get the garage to agree but at present he is point blank refusing

what can i do its got me demented

the finance company have asked for solid evidence that would stand up in court off the garage to prove the faults were not there.

[des8]

Email finance house that they agreed to rejection on 14/08 (?) and so you require your full refund by 28/08 as per your statutory rights and if it is not in your bank you will initiate court proceedings on 29/08.

[Bigcarcrap]

ok iv just done that and included a breakdown of damages, expenses as well as a list of what iv paid them etc.

i have also told them if the refund is not in my account by 28th as per the consumer rights act 2015 i will initiate court proceedings

its affecting my life so bad now, stress levels have sky rocketed and im supposed to be going away in 3 weeks and obv need a car to get there as its 2.5 hours away

[Bigcarcrap]

Okay so the 28th is here and yet no refund nor update r.e collection of the car

In all honesty i'm not even surprised.

Any ideas what my next step should be?

[des8]

As post 27 initiate court proceedings tomorrow.

[Bigcarcrap]

ok so good news..

the finance company gave the garage until 11am today to agree with the rejection or they would be collecting the car and cancelling the finance.

the garage have now agreed to take the car back but are refusing to come and collect it and want me to drive it to them which iv said no as i wont have transport home so the finance company are arranging it to be recovered at the expense of the garage.

so how long should i wait for a refund once they have the car back? as i will be without a car until i get my money back and evidence the finance has been unwound,

once again appreciate all of your help with this nightmare situation and id of just kept it to stop the hassle if it wasnt for you

[des8]

The refund should be with you by now.
If you really need the car (eg to get to work) you could hire a similar vehicle (not a Rolls Royce!) and include it in any claim for damages.
Email them and tell them you require the refund immediately,
Remind them you rejected the vehicle back in June and the delay is unacceptable and you are formulating a claim for damages as per
CRA 2015 Sec 19 (11) which you will make if there is any further delay (unless you want to make that claim anyway......I wouldn't!)

[Bigcarcrap]

Good Afternoon Guys

slight update... the car has been recovered and taken back to the supplying garage on Tuesday 4th Sept. I'm still waiting for proof that i'm not liable for it and also still waiting for a settlement figure.

What is classes as acceptable per mile for usage of the car as im told to expect him to take wear and tear into account and a millage cost for what iv used but is this capped or will he get away with taking the p****

[ostell]

The court, and HMRC, rate is 45p per mile but this is intended to cover items like maintenance, depreciation, tax and insurance, none of which have been paid by the garage. I would suggest that perhaps 30p per mile?

[Bigcarcrap]

The court, and HMRC, rate is 45p per mile but this is intended to cover items like maintenance, depreciation, tax and insurance, none of which have been paid by the garage. I would suggest that perhaps 30p per mile?

if thats right im a fighting a loosing battle as that would mean they would keep all of my payments for 4k miles

[ostell]

See what they come back with.

[des8]

Good Afternoon Guys

slight update... the car has been recovered and taken back to the supplying garage on Tuesday 4th Sept. I'm still waiting for proof that i'm not liable for it and also still waiting for a settlement figure.

What is classes as acceptable per mile for usage of the car as im told to expect him to take wear and tear into account and a millage cost for what iv used but is this capped or will he get away with taking the p****

You exercised your short term right to reject (haven't checked back thoroughly) and so they have no right to make a reduction for usage.
That usage deduction can only be made if you execrcise your final right to reject.(CRA 2015 sec24 .(10)
Your claim is for a full refund of all monies paid as the short term right (CRA 2015 sec 20 &22) does not include the right for supplier to make a deduction for usage

[Bigcarcrap]

You exercised your short term right to reject (haven't checked back thoroughly) and so they have no right to make a reduction for usage.
That usage deduction can only be made if you execrcise your final right to reject.(CRA 2015 sec24 .(10)
Your claim is for a full refund of all monies paid as the short term right (CRA 2015 sec 20 &22) does not include the right for supplier to make a deduction for usage

i didnt actually specify that i was rejecting the car until after the 30 days were up but they were made aware about the faults 1 week after collection?

they are also saying i have to pay an extra 400 pound for usage of the car :|

so the car cost 7991 all together he wants 1800 in which iv made payments of 1400 and i was claiming for 400 for damages/expenses so basically he is saying in 6 months the car has lost 1/4 of its value.

maybe it has but that's down to the faults not the usage, think ill be better off in court.

to add salt to the wound. my 6 year old snapped his wrist on Wednesday and i had to wait 30 mins for a lift to hospital because i no longer have a car or means to buy one because they haven't refunded my money or given me proof that i'm no longer liable

[des8]

From the time you notified them of the problems to the date the vehicle is returned in a satisfactory condition do not count in the 30 day period.
So the clock stopped ticking on 10th March and still wasn't fixed when you notified finance company on 5th june you were rejecting.

Go back and tell them you expect a full refund plus damages within 7 days or else you will initiate court proceedings without further notice

[Bigcarcrap]

From the time you notified them of the problems to the date the vehicle is returned in a satisfactory condition do not count in the 30 day period.
So the clock stopped ticking on 10th March and still wasn't fixed when you notified finance company on 5th june you were rejecting.

Go back and tell them you expect a full refund plus damages within 7 days or else you will initiate court proceedings without further notice

i will try this they have asked until close of play today so ill get in touch with them tomorrow and tell them what you have said.

i quote the part where it states they must give a refund without due delay and within 14 days but they are saying that's for something unrelated i will send the above but i will also prepare myself to settle this in court.