Used Car Rejection - Finance Company

[kryten81]

Hi,

I was hoping to get some general advice on the Finance Company's role on a used car ejection.

I officially rejected my used car (2017 Fiat 500x) on the 13th August, following an inadequate repair at the Fiat Main Dealer. I'd owned the vehicle 5 weeks, so just outside of the 30 days. It was the second time the car had been in.

The Finance company is also Fiat, or another division of, FCA Automotive Services. Same HQ address and Phone Number.

It is now 6 weeks today, and other than an initial leaflet stating the process (up to 8 weeks) I have had zero contact or help from the finance company. Every time I call I am not allowed to speak to my case handler because they are "busy". I get promised a call back, but never do. They have also ignored all emails to date.

So far, the Finance Company has not asked me for my side of events, or for any of my evidence.

Looking through other cases on the website, whether they side with you or not, it at least appears that the Finance Company are acting in the consumers interests in some part. I have no hire car, and my vehicle has sat in the Main Dealers locked compound since August 13th.

Am i wasting my time waiting for the Finance Company to hit 8 weeks and then take it to the Ombudsmen? Or should I just initiate small claims court action now?

Thanks in advance.

[R0b]

You could be wasting your time waiting for them to respond beyond the 8 weeks.

As long as you have noted the dates and times of when you tried to contact Fiat that should be sufficient for the FOS to investigate on your behalf. You might wish to send them a reminder in writing (email usually best for record purposes) setting out the latest position and that they have still failed to get back to you despite numerous promises. Should they fail to get back to you by the time the 8 week period has expired (give a specific date) then you will instigate a complaint to the FOS.

If you are also continuing to pay tax and insurance on the vehicle then you should look to be recompensed pro rata for that too, and arguably any admin fee for terminating the insurance early.

If you want any feedback on your letter prior to sending it, post up a draft and one of us will comment.

Finally, stating the obvious but I assume you have evidence that the car has failed on the same issue of repair before going down this route?

[kryten81]

Thanks Rob. Yes, i do have all the evidence i need.

I'll draft a letter this evening and post it here for checking before i send. Thanks for the help, it really is appreciated.

[ostell]

Was the first report of failure within the 30 days? The clock stops while it is in for repair.

[R0b]

Ostell makes a good point even though it does ultimately end in the same result i.e. you rejecting the vehicle. If you need any inspiration there's a few template letters you can find in the link in my signature below under the Consumer Rights section, though you will need to adapt it to suit your current situation with Fiat.