Used Car Problem

I bought a used car from a dealer in September. 09 Plate.

The dealer arranged finance, 9K car less 500 deposit.

Ok, so 6 weeks after I bought it the car stopped working. It apparently has a transmission problem and it was towed back to the dealer who sent it back to the manufacturer. Covered by 6 month warranty. Each week I have had a call from the dealer's mechanic sayng that it "may" need a brand new transmission or it "might" get fixed. The latest call was that it may never get fixed.

Now I'm beginning to panic as I'm paying the HP instalments each month for a car I can't use. The dealer also expects me to insure their courtesy car myself, which I have been doing.

The dealer won't respond to calls I make to them. At what point do I demand repaiir it, refund or replace it? What rights does a consumer have?

[miliitant]

Re: Used Car Problem

http://www.legalbeagles.info/forums/...-after-17-days

have a nose

if you purchased a vehicle and faults develop within the first 6 months, the law considers them their when you purchased the vehicle

that thread will tell you all you need to know

[sarebear]

Re: Used Car Problem

Get in touch with trading standards or join 'Which' legal service. They will give you great advice. The dealer will fob you off and do all they can to repair the car. If you decide to reject it check first as you may be outside the unwritten rule of 4 weeks to reject a vehicle. I involved a solicitor as the finance company were not playing ball. They then advised them that I was prepared to go to court and they then paid up. Stick with it!!

[The Debt Star]

Re: Used Car Problem

6 weeks out before car stopped working. is this something i need to report to the finance company as well?

[sarebear]

Re: Used Car Problem

Yes you would be rejecting the car to the finance company because they own the car until your last payment. They would then take the issue up with the dealer

[labman]

Re: Used Car Problem

Spot on DS - you're lucky it's just happened with someone else!

[The Debt Star]

Re: Used Car Problem

coming back to this problem.

the car is still in for repairs. I bought it in september, 6 weeks later it develops a fault and now the dealer has had it back longer than me. everytime i ring up they say "its back with the maufacturer, repiars being covered by warranty and you'll get it in a few days."

5 weeks in the dealer asked for my V5 and service book as the manufacturer asked for it. the fault being a defective transmission.

in the meantime, i'm paying for the HP on the car and have been shelling out insurance for the dealers courtesy car.

I'm stopping the insurance on the courtesy and have told them that they will have to insure it from hereon in. Have been promised a cheque for the insurance i've paid to date but its not forthcoming. I have asked them to pay the HP while the car's been with them and on the phone they agreed to pay it. But now they have changed their mind and refused to pay the HP, saying I am in worse a psoition because I have had use of their courtesy car. True, but I think the courtesy car should be provided free of charge and not as a de facto replacement for the unusable crap they sold me


next steps anyone? can i rejcet the car if its still in for repairs and how long do i give them before i demand a replacement or a refund?

[labman]

Re: Used Car Problem

IMO you can reject it. You have not had use of your car for longer than you have had use of it. As Militant said, the defects are considered to be there if they occur within 6 months of purchase. I would write to the dealer and finance company stating you are rejecting it because of x, y and z.

Under SOGA they are allowed a 'reasonable' chance to repair it. They've had more than a reasonable chance IMO, and have failed to do anything.




Sample letter to a finance company rejecting/ asking for a repair to vehicle purchased by a conditional sale agreement
(with thanks to North Tyneside Council)







Name of Finance Company

Address

Dear Sir/Madam (or name of person);

Re: Credit Agreement Number, Registration Number of Vehicle, Make and Model.
On the (date) I bought the above vehicle from (name of garage and their address), at a cost of £.... supplied under a conditional sale agreement with your company.

On the (date) it developed the following faults. (described the faults).

I complained to (name of garage) about these faults on (date) (describe what garage did or said they would do).

Implied into our contract under the Sale of Goods Act 1979 (as amended) are certain "statutory" rights. The relevant ones being that the vehicle I was supplied with should be of a satisfactory quality and fit for its particular purpose.

I believe that you are in breach of these obligations so are in breach of contract. I am therefore legally entitled to reject the vehicle and do not have to accept the offer of a repair. (or I have already given the garage a reasonable opportunity to repair the vehicle without success.)

However, while I reserve my rights to reject the vehicle, in order to resolve this matter in an amicable manner I am prepared to allow you the chance to arrange for the above faults to be repaired within the next .…. days. Which should be carried out up to a satisfactory standard. Please contact me to make arrangements to carry out all the necessary repairs.

Or

I wish to reject the vehicle and claim a refund of all the sums which I have paid you under the agreement. This includes the deposit, part exchange allowance and the instalments paid since the agreement was entered into, making a total of £ .... . In my view of the (serious nature of the above defects/history of the faults I have had with the vehicle). I am not prepared to consider any further attempts to be made to repair the vehicle. Please let me know how you wish to arrange to collect the vehicle. I look forward to receiving your response to this letter within the next 14 days.

Yours sincerely/faithfully;

Sign and Print your name.

This is only a sample letter to give you guidance on what to write. You will need to write it out and substitute your own details at the appropriate places shown in bold. Send your letter by recorded delivery and keep a copy.

[The Debt Star]

Re: Used Car Problem

Thanks for that... can I adapt that letter to give them the chance to repair it and get it back to me say within 10 days of the date of the letter? In otherwords, can the letter be adapted to kill 2 birds with one stone (force resolution on the repairs and provisionally reject the car if they don't repair it within a time frame I set?). Or should I send a letter warning them of rejection if I don't hear within say 10 days?

[labman]

Re: Used Car Problem

Amend away, just be sure you want to keep a car that I would guess is costing you a lot of money, and which has already shown itself to be majorly flawed.

[The Debt Star]

Re: Used Car Problem

I was under the impression they are allowed to try and repair it and that rejection can only occur if the repairs are unsatisfactory? my problem being that the repairs seem to be taking forever...

[The Debt Star]

Re: Used Car Problem

or have I got that wrong?

[wales01man]

Re: Used Car Problem

(I'm stopping the insurance on the courtesy and have told them that they will have to insure it from hereon in)
Dont even think of doing this if you are pulled over by the police or in an accident with no insurance you get fine you get points its no defence that you told them to insure vehicle worse still if you have accident claim

[Inca]

Re: Used Car Problem

Many moons ago I got pulled for no tax,,it was a courtesy car!!!! Police told me back then that if the garage hadn't got the new tax disc then I would get done for it,(before ANPR),it's the responsibility of the driver to check MOT/Insurance and tax,,don't think law has changed but I might be wrong.

[wales01man]

Re: Used Car Problem

iNCA
Correct the driver has primary responsibility fo the vehicle its condition its tax and insurance the police are very hot on this and its zero tolerance with some forces at this time of year