Advice needed please

[atticus]

The OP needs to look very carefully at all the documents he has from the dealer and the finance company. To whom is the dealer's invoice addressed?

[Pezza54]

In your 1st post you said you had sent a letter to the dealer within 14 days rejecting the car in accordance with your rights under DSR, but the dealer failed to reply.
Send another letter by registered post to the dealer referring to the first letter and ask for a reply within 7 days.
Send a copy of this letter to the finance company.
If the dealer fails to reply or refuses rejection, send a LBA to the finance company referring to CCA 1974 S175

[PufPufPuf]

Thank you PEZZA54 for the explanation and guidance.

Atticus, the order form from the dealer says

Supply to - my details
Financed by/invoice to - finance company details

Does this change the way forward?

[atticus]

"invoice to - finance company details"

Well, there you are. Technically, and at law, it seems you purchased the vehicle from the finance company, who had bought it from the dealer. Your claim is against them.

[PufPufPuf]

Great, so there is no need to pursue the dealer anymore?

I emailed the finance company last night, rejecting the car. Should I send a recorded letter as well.

Is there anyway they can refuse my rejection, I'm still within 14 days from when the car was delivered?

I'm wondering if the 'no contact' from the dealer is because they know I should be rejecting with the finance company and hoping I don't realise that and run out of time, just a thought!

Anyway, can you just confirm that my 14 days start from when the car was delivered, NOT when the credit agreement first started

[atticus]

confirmed

[PufPufPuf]

Perfect, thanks!

I'm typing out a letter to send to the finance company.

Is there anything specific I should add with regard to legislation? for example in case the dealer hasn't passed my rejection request onto the finance company.

Not sure how best to word it

[PufPufPuf]

Really need some help with this please.

Just spoke to finance company to check email received.

They are saying I need to reject car via the dealership (dealership not responding).

They can't help me any further

How do I move forward?

[Pezza54]

I would follow my advice in p17
When you send a copy of the letter to the finance company you should state you are following the instructions provided by their employee on 29.1.2024 and if it turns out they were the owner of the vehicle and the instruction was incorrect you will hold them responsible

[PufPufPuf]

state you are following the instructions provided by their employee on 29.1.2024 and if it turns out they were the owner of the vehicle and the instruction was incorrect you will hold them responsible

I don't really understand?

Can you help me draft a letter?

I'm kind of out of my depth here!

[Pezza54]

S175 of CCA 1974 allows the consumer to make a claim against the creditor and the supplier at the same time.
As neither the dealer nor the finance company are playing ball you may end up having to make a court claim against both.
Once you start a court claim both defendants will probably appoint solicitors to write their defence.
As your claim will be over £10k it is likely to be allocated to the fast track and you will be liable for defence legal costs, your legal costs, and court fees if you lose the case. This could total several £K
The defendants may decide not to act on your LBA and wait to see if you start a court claim. At this stage the defendants might agree to honour your claim or defend it in full.
Are you prepared to take the financial risk if necessary?

[Pezza54]

You could contact the FOS and ask if they believe you have a genuine claim against the finance company that warrants investigation
You have the proof that the finance company owned the car and are refusing your wish to reject the car within 14 days of delivery under the DSR
It is a free service.
If they agree to investigate, their final decision will take several months. If the ombudsman decides in your favour he or she is likely to decide that a deduction on the refund is made for usage
If you accept the decision it is legally binding on the company. If you do not accept it you can still start a court claim

[PufPufPuf]

Hi PEZZA54,

No, probably not prepared to take a risk of going to court unless I know I have a very high chance of winning. I guess it's a gamble.

I spoke to a solicitor today who said because I've paid the finance off, I have now waived the right to cancel the car within 14 days. The phone call was rushed and I'm not sure if that is correct. If you buy something online you pay for it first which doesn't affect the cooling off period!

Will definitely contact the FOS, thanks for that. Just to note, the car is on my drive, not being used. Thanks again

[Pezza54]

Your solicitor may be right
Please discount the 2nd para of my post15. Section 75 does not apply to hire purchase agreements. You had a cooling off period of 10 days to withdraw from the agreement. You fulfilled the agreement when the finance company let you pay off the loan early
The motor ombudsman uses a formula based on additional mileage by the new owner to calculate the deduction The FOS may use a similar formula