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Good evening,
I am at a loss so thought I would see if anyone on here was able to offer any advice or information on my ongoing and very stressful HP problem. It is long winded, so I will just put the most relevant points down.
- Limited company (I am the director and only employee)
- I wanted a brand new van for work and found a company that would supply the van, plus they would add some extra bits such as front/rear spoilers and wheels to it. They specialise in this line of work.
- They organised the HP agreement with BH Finance
- There were delays in delivering the van, the van arrived dirty and by that point the relationship with the supplying dealer was poor
Faults
- I discovered the van was pre-registered. I never asked for a pre reg van and neither the dealer or BH can provide me with any proof I did.
- I had no V5C as it was pre-reg and the supply dealer was holding onto it. I therefore legally could not drive it as I could not tax it. It was meant to be taxed as part of the deal as it was a new van. I had to apply for a V5C from DVLA which took 6 weeks and then had to pay to tax it.
- The dealer made an error with the floor ply lining resulting in 18 extra screw holes in the new van floor. I have an email and managed to get copies of telephone conversations in which the dealer assures me there will be no damage to the floor.
- The rear spoilers are poorly made and have sanding and other marks on them. The dealer admitted they were poor upon being emailed photos. They said they would look to refund the cost. I have an email in which I state the paint and finish of the additional items should be the same as that of the factory paint on the van, they stated it would.
- The front spoiler is missing as it turns out they did not have the mould for the new shape van. I was only told this after ordering it and the dealer stated they would arrange for a fitter to come to my house to fit it when ready. Since the relationship with the dealer has broken down they have since said they do not want to supply it for fear I won't be happy with the quality.
- There is a scratch on the door. The dealer admitted liability upon being emailed photos.
I have complained to BH Finance and stated that the van is not in the condition expected of a new van and that I never agreed to purchase a pre -reg. They have been stubborn beyond belief and have stated:
- Any refund of the bolt on items is between myself and the dealer. I have stated that the value of these items, which is in excess of £1k is financed as part of the agreement.
- They initially stated that I could not prove that I did not agree to buy a pre reg van, yet they can not prove that I did. They also will not listen to the telephone calls I sent them that I got from the dealer via a data access request. They state for security reasons they can not put the memory stick in their computers.
- They have said to get a quote for the door repair and they will consider paying for the repair. I have already sent them a quote from a main dealer which covers the floor and door repair at over £2K.
- They will only pay to have silicone put over the holes in the floor. They had an independent inspection and the report said they should be covered up to protect from the elements. The report also states that there was an error though and that the issue appears to be more of a contract issue. What was requested and what was actually done. I'm arguing that I want the floor put back to how it left the factory.
- They state that the price I paid is in line with a pre reg so I am not financially out of pocket
- They state that their T&C state limited liability as they do not view the vehicle.
I have been quoting The Supply of goods (implied Terms) Act 1973 and that unregulated or not, the vehicle is not in a condition expected of that of a new van.
I sent them a letter before action for amount of around £3k which covers the floor, the door, and a refund of the front and rear spoiler. They called me and stated there original response still stands and they won't be paying.
So I am currently paying £360.00 a month for a van that has holes in the floor, a scratch on the door, no front spoiler and is pre registered. Part of me thinks forget and move on as it is far too stressful, but then a large part of me feels that it is unjust and I should not be paying for something that I don't have or is damaged.
Any thoughts or help greatly appreciated.
I am at a loss so thought I would see if anyone on here was able to offer any advice or information on my ongoing and very stressful HP problem. It is long winded, so I will just put the most relevant points down.
- Limited company (I am the director and only employee)
- I wanted a brand new van for work and found a company that would supply the van, plus they would add some extra bits such as front/rear spoilers and wheels to it. They specialise in this line of work.
- They organised the HP agreement with BH Finance
- There were delays in delivering the van, the van arrived dirty and by that point the relationship with the supplying dealer was poor
Faults
- I discovered the van was pre-registered. I never asked for a pre reg van and neither the dealer or BH can provide me with any proof I did.
- I had no V5C as it was pre-reg and the supply dealer was holding onto it. I therefore legally could not drive it as I could not tax it. It was meant to be taxed as part of the deal as it was a new van. I had to apply for a V5C from DVLA which took 6 weeks and then had to pay to tax it.
- The dealer made an error with the floor ply lining resulting in 18 extra screw holes in the new van floor. I have an email and managed to get copies of telephone conversations in which the dealer assures me there will be no damage to the floor.
- The rear spoilers are poorly made and have sanding and other marks on them. The dealer admitted they were poor upon being emailed photos. They said they would look to refund the cost. I have an email in which I state the paint and finish of the additional items should be the same as that of the factory paint on the van, they stated it would.
- The front spoiler is missing as it turns out they did not have the mould for the new shape van. I was only told this after ordering it and the dealer stated they would arrange for a fitter to come to my house to fit it when ready. Since the relationship with the dealer has broken down they have since said they do not want to supply it for fear I won't be happy with the quality.
- There is a scratch on the door. The dealer admitted liability upon being emailed photos.
I have complained to BH Finance and stated that the van is not in the condition expected of a new van and that I never agreed to purchase a pre -reg. They have been stubborn beyond belief and have stated:
- Any refund of the bolt on items is between myself and the dealer. I have stated that the value of these items, which is in excess of £1k is financed as part of the agreement.
- They initially stated that I could not prove that I did not agree to buy a pre reg van, yet they can not prove that I did. They also will not listen to the telephone calls I sent them that I got from the dealer via a data access request. They state for security reasons they can not put the memory stick in their computers.
- They have said to get a quote for the door repair and they will consider paying for the repair. I have already sent them a quote from a main dealer which covers the floor and door repair at over £2K.
- They will only pay to have silicone put over the holes in the floor. They had an independent inspection and the report said they should be covered up to protect from the elements. The report also states that there was an error though and that the issue appears to be more of a contract issue. What was requested and what was actually done. I'm arguing that I want the floor put back to how it left the factory.
- They state that the price I paid is in line with a pre reg so I am not financially out of pocket
- They state that their T&C state limited liability as they do not view the vehicle.
I have been quoting The Supply of goods (implied Terms) Act 1973 and that unregulated or not, the vehicle is not in a condition expected of that of a new van.
I sent them a letter before action for amount of around £3k which covers the floor, the door, and a refund of the front and rear spoiler. They called me and stated there original response still stands and they won't be paying.
So I am currently paying £360.00 a month for a van that has holes in the floor, a scratch on the door, no front spoiler and is pre registered. Part of me thinks forget and move on as it is far too stressful, but then a large part of me feels that it is unjust and I should not be paying for something that I don't have or is damaged.
Any thoughts or help greatly appreciated.
...sorry
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