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Reject vehicle (or repair?) - finance company trying to avoid consumer rights act

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  • Reject vehicle (or repair?) - finance company trying to avoid consumer rights act

    Hi

    Hoping that someone can help me with issues I am having with a vehicle recently purchased

    The current situation is:

    I agreed to purchase the vehicle on the 23rd July and paid a deposit and complete a pre-contract finance application.

    Before I collected the vehicle, collection was delayed by several days because the supplying dealer had caused bodywork damage to the vehicle between my initial payment of a deposit and the agreed collection date; they undertook to repair before I collected the vehicle. They would not supply me with photos of the damage, nor offered me the opportunity to inspect. I signed the finance agreement and collected the vehicle on 12th August.
    Areas of the paintwork repair now show laquer 'bloom' (white areas in the clear coat) and other areas of poor workmanship also the paint is not a exact match colourwise. After I complained to the finance company (on 25th September I sent a letter of rejection due to number of faults - see more below) they eventually sent an inspector on 28th October. They have agreed there is a paint work issue but will not undertake to repair as they say I “accepted” it by taking the car. This is not the case, it was not visible where the car was parked. The finance company say that I should have inspected the repair. I have told them I am not a bodywork expert and I should not have to inspect the repair. Also I believe that faults like this come under the 6 months rule of the consumer protection act, fault present at time of sale. I have told the finance company that I believe they are trying to limit my statutory rights, they deny but will not enter into further conversation.

    On the 15th August (three days after collecting) I notified the dealer that the vehicle right hand rear door lock would not lock leaving the vehicle insecure. This was finally resolved (with me doing all the organising and purchasing the part myself, on 31st August) for which I received reimbersment from the dealer by cheque for the part sometime later (dealer paid the garage labour direct).

    Since the 31st August a number of faults have arisen:

    · Front tyres - I have had to replace these, one had a slow puncture, one had a screw embedded in it. I replaced these without quibble (as I believe really this is a wear and tear item) however subsequently I have discovered that the car was fitted with run flat tyres as original equipment, the car actually came with 'normal' tyres (non runflat). This is a potential safety issue. There is no room in the boot for a spare wheel.

    · Tyre pressure warning - I informed the salesperson when I test drove the car before agreeing to buy it that the tyre pressure warning was illuminated. I was told this would be resolved. The light came on within 5 minutes of leaving the dealer’s premises on 12th August. I found that it was the nearside front tyre that was low on pressure. This turned out to be a slow puncture so the car was sold with this as a known fault and not resolved (see above - tyres).

    · Front RHS wheel bearing, failed 21st September, noisy and rough and meant the car unsafe to drive as it could sieze at any moment. Any garage that I contact to repair this could not get the part. In the end I had to hire a car for a week while I obtained the part via the internet, could not obtain from normal car parts sources. The finance company have agreed to reimburse me for the cost of the bearing, the labour to get it replaced and the hire car plus a small good will gesture. This they have offered in full and final settlement of issue raised here. I have refused at present.

    · No garages that I contact can obtain parts - therefore unless I obtain parts direct from Infiniti myself or take the car to an Infinti dealer (nearest 80+ miles away and a day off work) I cannot get the car repaired. I told the dealers sales advisor when I initially viewed the car that I would be covering a lot of mileage in my commute and the car must be reliable - obviously if I cannot get the car repaired this is a major issue. The car manufacturer is pulling out of western Europe in March 2021. I was not aware of this when I purchased the vehicle if I had been made aware of this then I would not have purchased. It is also a condition of the finance agreement to keep the vehicle in good working order, I cannot fulfil this obligation if I can not get parts for the vehicle or get it repaired. The finance company have told be that this is my problem and I should have researched it more thoroughly. My response is that the dealer claims to sell 9000 cars per year (car supermarket) so must have known this was an issue. Incidentally they now appear to have ceased selling cars of the manufacturer I purchased.

    So outstanding items:
    • Tyres, realistically I will have to let this go I think.
    • Paintwork, I don’t know how much this will cost to repaint, I would estimate that as it is a front wing and door it will be around £1000.At present this is a big issue for me and the dismissive attitude of the finance company is appalling.A reasonable person would expect the car too be in the same (or better) condition as when they viewed it and agreed to buy – not worse.
    • Parts availability and repairability.As the vehicle is ultimately a Nissan product I could not have foreseen that it would be virtually impossible to obtain parts.The situation is not what a person buying a mass produced product would expect.
    • Ideally I would like to reject under the 30 day rule as I am concerend that this car is going to become unrepairable.

    Thanks in advance
    Tags: None

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