Used Car Problem

[labman]

Re: Used Car Problem

<sub>DS may be on solid ground here though. The garage will have insurance for its courtesy cars. DS will have fully comp insurance for his own car which is likely to cover him to drive any other car on a third party basis (most, not all, do).

As far as rejecting it goes, I'd give your local Trading Standards a ring, explain the situation and see if they think you're within your rights to reject it. Normally you would be right, but this is not normal, nor is it 'reasonable' IMO.</sub>

[labman]

Re: Used Car Problem

Have a read of this - it's very informative.

http://www.honestjohn.co.uk/faq/consumer-rights/

[The Debt Star]

Re: Used Car Problem

The car was still with the Dealer for repairs when i contacted the garage its been sent to by the dealer for an update (I just get fobbed off by the dealer when I call them; "it'll be raedy by Friday" has been told to me over the past 2 months).

So the gear box has been repaired under the manufacturers warranty but the garage told me that they have identified problems with the clutch now and (quote) "the mechanic is looking at it as there appears to be damage in the way it was delivered to us and we need to conduct more investigations."

I've decided to reject the car. Clearly its a lemon and I have been patient enough.

I have sent Labman's letter to the Dealer but added a paragraph about the OFT Guidance on reasonable time periods for repair prior to rejection.

My issue is this: the car is financed. Finance was provided via the Dealer but obviously the bank will not be happy and presumably will coem after me for stopped payments and (inevitable) negative equity on recovery of the vehicle. I'm guessing my CRFs will get trashed too?



Finance was arranged via the

[The Debt Star]

Re: Used Car Problem

Just read this on the FOS website, which looks enouraging:

"...under Section 75 of the Consumer Credit Act 1974 the lender may, in some circumstances, be equally liable with the dealer if something is wrong with the car. Most commonly, that will be where the dealer seriously mis-describes the car, or where the car has faults of a kind that amount to a breach of contract by the dealer. Even where the car is second-hand, it must still be safe and in appropriate condition for its age and price – as we see in case 79/2.
"In these sorts of cases, we will explain to the consumer that the complaint must be brought against the business that provided the hire purchase or fixed-sum loan, and that is therefore responsible for the quality of the car provided (under the hire purchase agreement – or through Section 75 if the credit was a fixed-sum loan).

"Lenders and hire purchase providers are sometimes reluctant to look properly into a consumer’s complaint about faults in a car, and prefer to take the dealer’s word for it that the car was in good condition when it was supplied. However, we would expect them to take reasonable steps to satisfy themselves in the matter, before they decide whether or not to uphold a consumer’s complaint."

The last bit is a bit worrying: "Lenders and hire purchase providers are sometimes reluctant to look properly into a consumer’s complaint about faults in a car"

Am I right to stop paying the bank after rejecting the car or should I keep up payments until this gets resolved?

[labman]

Re: Used Car Problem

http://www.oft.gov.uk/business-advic.../sogaexplained