HP finance & vehicle issues

[malimner]

Hi
I would be really grateful if anyone can help...
At the beginning of August I purchased a second hand vehicle through Z*to, with Startl*ne as the finance company. A day or so after getting the car the (long story short) clutch actuator went. The dealer was really poor; very slow in trying to sort it out (owner went on holiday, tried to fix it on the cheap etc etc.). Eventually they realise the only fix is a genuine peugeot part (the car is in a local garage directed by the dealer who are 140 miles away).
I had been pushing for a rejection on the car - Z*to told me that I couldnt as the dealer has one opportunity to fix it (even though this is the second garage it has been in with this issue). So, I have now made 3 payments (nearly £375) for a car I have had for a day. I want this money back. Zuto say nothing can be done until the car is fixed - and they sound like they are going back on an earlier statement to me that I would be able to get this back.
What are my rights? If the only way to get this back is to reject the car this is what I will do - Im not losing nearly £400 of money I dont have! The car has now been in the mechanic garage for nearly 3 months.
many thanks

[malimner]

bump - can anyone please help?

[Amethyst]

R0b des8

[des8]

Hi and welcome

Apologies for not responding earlier, (but I'm not always getting alerts when I've been tagged Amethyst !)

As the vehicle was purchased with finance the finance company are the liable party.
You should have rejected the vehicle directly with them at the first sign of it being unsatisfactory, and not gone via the dealer as your contract is with the finance company.
As the rejection would have been within the first 30 days they would not have had the right to repair.
As however you agreed to an attempt they do have that right.
However it must be carried out within a reasonable time and with no inconvenience to yourself.

I would write to the finance house, pointing out your rights under the Consumer Rights Act 2015, telling them that as the vehicle was unsatisfactory and remedial work has not been carried out within a reasonable time, and with no inconvenience to yourself you are exercising your short term right to reject and you require a return of all monies paid for the vehicle (this includes deposit & instalments)

[malimner]

thanks for the info. I accepted the dealer sending the car for repair without realising I would lose the right to reject at that point and have to go through this charade. 3 months is ridiculous though.... Im hoping I would get the money back if I keep the car or not.
Ill post the outcome for any interested people.

[des8]

You can't keep the car and get your money back!