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I got finance on a vehicle August 2020 with car finance 247/7 ,the car was advertised on their web page ,and just after 6 months heavy smoke was coming from the exhaust ,after taking it to a garage it was diagnosed as turbo gone and needing replacing . I had to also pay to have it towed back to my home as I couldn't afford the £1000 off repair ,I had already contacted money barn and car finance 247/7 explaining I had the car just 6 months done very little mileage due to lockdown and not allowed out of our own town and the car wasn't fit for purpose in my view with very little mileage done , but both the broker and finance company wanted me to prove the car was defected when it left the garage I had it from when granted the finance ,and I was advise to get a independent engineers report ,again I couldn't afford to do this ,after emails back and for money barn offered to pay for this which concluded as follows on the report from the engineer " we can confirm suspected turbo failure however, further investigations would be required to fully confirm. We do suspect this issue would have been present or developing at the point of finance inception . I was given finance taking my mobility high rate personal independence payment into account for finance and have been without a vehicle now since beginning of April . Due to my complex severe mental health problem ,suicidal thoughts I cant be left alone so I go to family daily this costing me a fortune in taxis ,and now I cant make payment for Aprils car finance . The finance company have said the broker had until 16th April to get back to them about engineers report ,but I am suffering worry ,extreme anxiety over this ,and finance company stated in email to me raising your complaint you advised you wished to reject the vehicle. Under the Consumer Rights Act 2015 this resolution can only be supported if the issues are raised within 30 days of taking possession of the vehicle or if the supplying dealership has completed a repair that has subsequently failed. As, such, if the issue could be proved to have been present at the point of sale, a repair is the prescribed resolution in the first instance. In your situation as we are past the first 30 days of the agreement and the dealership have not completed a repair on the vehicle we are unable to pursue a rejection of the vehicle for you and should your broker accept our engineer’s findings a repair would be the outcome we are able to achieve for you.. I really don't want this car back as I don't trust it any more ,have no looks on it and would be anxious driving it again ,and wouldnt drive it anyway due to my panic and anxiety . I have already paid about £1200 off the finance of a car I have hardly drove .Any advise please ? could i get a different car ,if not my money back ive lost and costs incurred due to having to take it to garage have it towed to my home ?
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Consumer Rights Act 2015
If it is within the first 6 months then it is assumed that it was defective at the point of purchase and the garage has to show it wasn't.
You have to give them 1 chance to repair and if they refuse or it is not effective then you reject. You claim the costs you have incurred
The 30 days limit they mention is a red herring. -
It was actually a few days over the 6 months , but as stated was hardly used due to covid lock down . The engineer report has stated that the car was likely defective at point of sale also ,I am so upset and anxious over all this and financially now struggling due to travel costs ,thank you for your replyOriginally posted by ostell View PostComment
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