Advice needed please

[PufPufPuf]

Hi all,

I wanted to pay cash for a new car but dealer said if I take it out on finance it would be cheaper and I could pay the finance company at any time without penalty. Car was bought solely online and delivered to me. The next day I paid the finance company in full. 3 days later I noticed a minor fault water was getting into the electrics. Even though minor which probably could be fixed I wanted to exercise my right to reject the car within 14 days. Letter has been sent to dealer which has been ignored. Because I paid the finance company in full within 14 days does that waive my right to still reject the car? TIA

[atticus]

Oh what a tangled web...

Look at the documents. It may be that the dealer sold the car to the finance company, which in turn supplied it to you.

[Pezza54]

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 applies to new cars bought online or over the telephone.
The consumer can can cancel their order within 14 days from the date of delivery and receive a full refund.
If a consumer has a right to reject the vehicle and they give notice of rejection to the dealer, the dealer is obliged to pass this notice onto the finance company under the Consumer Credit Act 1974 S102 and 175

[atticus]

The point about ss 102 and 175 CCA 1974 is a good one, but if this applies give notice to the finance company.

[PufPufPuf]

Thank you but I'm a little confused. Can I still give notice to the finance company even tho I've paid the finance off in full or should I be rejecting the car from the dealer I bought it from?

[PufPufPuf]

The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013
As this was an off premises/distance sale, can I reject the car within 14 days under the above legislation, or has the fact I've fully paid the finance company waived my right to do so

OR

Consumer Rights Act 2015
As the car has a fault can I reject the car within 30 days under this legislation.

Just trying to establish if paying off the finance has had any negative impact in rejecting the car under either legislation

[Pezza54]

Safer to reject under the distance selling regs as a minor leak may need investigation to determine how serious the fault is.
As you have now paid the finance in full you are the owner, not the finance company.
In case the dealer hasn't told the finance company you should inform the finance company about your wish to reject the car under the DSR

[PufPufPuf]

Thank you PEZZA54.

Should I send the finance company the same letter of rejection, rejecting under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 that I sent to the dealer. It was a template from citizens advice which I tweaked to my situation or is there another template you can suggest?

I'm going to take your advice and send it to the finance company but just want to know why this is necessary. Since finance has been paid, I'm assuming I no longer have anything to do with the finance company (or am I wrong in that thinking?) TIA

[atticus]

Look at the documents. It may be that the dealer sold the car to the finance company, which in turn supplied it to you.

see above

[PufPufPuf]

Thanks Atticus. Sorry to sound really stupid but how would I know if the dealer sold the car to the finance company, I've looked through my documents but not sure what I'm looking for apart from this

Creditor: (finance company)
Credit intermediary: (name of my dealer)

Does this mean the dealer sold the car to the finance company? Or what else should I be looking for on the documents?

Does the 14 day right to reject start from the day I received the car or from the day the credit agreement started?

The credit agreement started 4 days before I received the car

Credit agreement start date - now more than 14 days ago
car delivery date - within 14 days ago

[Pezza54]

Check the V5C to see if the finance company is named as the owner.
If the dealer breaches DSR you may have a claim against the finance company under CCA 1974
See post 3 para 2

[PufPufPuf]

Morning,

The V5C says
NO. OF FORMER KEEPERS 0
1. DECLARED NEW AT FIRST REGISTRATION

Does this mean I can't reject the car with the finance company?

What should I do next, who should I reject the car with?

[PufPufPuf]

Consumer Credit Act 1974 S102 and 175

I've read these but just don't understand what they mean, can anyone explain it in layman's terms?

[PufPufPuf]

The V5C says
NO. OF FORMER KEEPERS 0
1. DECLARED NEW AT FIRST REGISTRATION

Just realised this refers to the keeper, me, not the owner.

Finance company's name or dealers name isn't anywhere on the document.

What are my next steps and thank you for helping

[Pezza54]

S102 of CCA 74 provides that the creditor shall provide the debtor with a copy of the regulated hire purchase agreement and statement of account if requested by the debtor (within 14 days)
S175 is similar to S75 (credit card purchases) for regulated hire purchase agreements. Under the agreement the debtor can claim against the creditor and/or supplier (jointly or severally), the creditor can claim against the debtor or supplier