PCP Ending my agreement.

[LegalNewb]

Hello all.

I purchased my vehicle in September 2014 on a PCP. Brand new, i might add. Initially it was all smooth sailing.
After a around 6-7 months, the first fault occurred.
Engine not starting due to a poor connection with battery. All was fixed.

September-October 2015 hits and my vehicle is now stuck on my driveway. Sent to the garage to diagnose a fault, to which was then fitted with a brand new engine. All was fine again until early in the new year 2016, when my vehicle starting having issues with main safety features (ABS, Stability control, TPMS, Airbags and traction control). The airbag light has been fixed three times now and is now back on. The other lights seem to come off and on.
When i first informed my dealer of the faults they were more than happy to get these fixed under warranty. Apparently down to tyre pressure issue and that it was my fault that i was not checking this. Drove away and the lights came back on. Took it back and they dealership told they could find no faults with the vehicle. Lights came on again and i took it back to them for them to say their was no certified mechanics to perform this maintenance on my vehicle.

I have now locked up twice under braking due to the warning lights on my vehicle. I raised a claim with the creditors, in this case BarclayCard. They required proof of the vehicle being in for repair more than once for the same faults (to which i provided them with)

Barlcays have now contacted me today to inform me that they would only be able to repair the vehicle for me and not allow me to terminate the contract. I continue to stress with them that the faults have been fixed before but continue to occur. They are extremely unhelpful and seem very set in their ways.
Even with the car being completely fixed, i'm sure i would still not feel safe driving it as i've lost trust with it.

Am i within my rights to have this contract ended with no further costs to myself?

Since hearing of Barclays response i've now taken my claim to FSO and TS in hope of some better news.

Appreciate any help i can get with this one!

I have also looked into VT on this agreement, it would cost me upwards of £1000 to bring me to the required 50% mark.
The advisor also informed me I would have default on my credit record for 6 years if i were to do so. Is that correct?

Thanks:tinysmile_twink_t2:

[R0b]

Re: PCP Ending my agreement.

Hello,

When you say you have raised a claim with Barclaycard, in what capacity have you done this? is the vehicle on finance or do you mean to say that you have paid for the vehicle on credit card.

If your answer is the first one, then I am afraid you are barking up the wrong tree however if you made a payment of at least £100 on your credit card as a deposit or anything relating to the vehicle then Barclaycard will be jointly liable for the problem along with the dealer.

It sounds like the vehicle is not fit for purpose and of satisfactory quality. Depending on what your answer is to my question will depend on the next steps to take.

[LegalNewb]

Re: PCP Ending my agreement.

Hi R0b, it's on a pcp, paying monthly payments to barclaycard.
I've made the claim against them due to them being the creditors of the motor finance.

Thanks

[R0b]

Re: PCP Ending my agreement.

Well it is the dealer who has sold the goods to you so it should be them that you should really be directing this claim at. I can understand that you have been going after Barclaycard because they are the creditor and potentially argue that they should be responsible but it might be a long shot.

Have you written to the dealer at any point since you have started to complain? If not, then now is the time to do it.

Politely outline the issues you have been having and they should have records of when it had been fixed especially with the engine being replaced on a brand new vehicle. If the outcome you are after is to return the vehicle to pay off the finance then you should state that. Make sure that you specify the goods are not of satisfactory quality and fit for purpose.

Given the amount of problems you have been having already it might be the best one to take, or alternatively request a new vehicle from them and they should pay off the finance to do this.

[LegalNewb]

Re: PCP Ending my agreement.

we've written to them before requesting a refund on charges in incurred for rental cars due to the issues I had with the vehicle. No response. When I told my friends I'd bought a car from Carshop you should of see their faces!

I haven't really wrote to them regarding the problem but upon making the complaint with Barclays they were in contact with them to come to an agreement. Who knows what was said....

There reasons behind not allowing me an out from the contract is down to the fact there were no faults within six months of purchase / none were reported. They say the issues are most likely down to wear and tear. WEAR AND TEAR.

[R0b]

Re: PCP Ending my agreement.

A new engine being fitted after only 5-6 months on a new vehicle is definitely not wear and tear, the other problems are just further examples of the car not being fit for purpose or of satisfactory quality. If you can prove after 6 months the fault would have occurred at the time of delivery then you would still have a claim, i.e. a new engine being fitted on a new car after a short period of time will be your argument as well as other problems a few months further down the line. Sounds to me like they are fobbing you off.. the longer you leave it the harder it becomes for you.

You can only try so hard and the only option may be to bring a claim through the courts but given that the value of cars are expensive this may depend on whether or not you can fund it. If the value is over £10k then you could be liable for legal fees if you are unsuccessful, which can deter people from claiming, but common sense would say that if an engine needs fitted after 5-6 months on a vehicle, there's something wrong.

[LegalNewb]

Re: PCP Ending my agreement.

The first faults started to occur after 6-7 months and then the new engine was just after it turned a year old.

My cars back in for a check over today regarding to warning lights but again they tried to charge me £10 for a loan car for the day, fair to say I didnt pay it due to them having the car in for this fault previous times and are unable to fix it.

I certainly have not got enough money to afford court fees.

Is the dealer the best road to go down?

[R0b]

Re: PCP Ending my agreement.

The dealership is the one that originally sold the goods so they would be the ones you look to in relation to satisfactory quality and fit for purpose. Is it reasonable to say that a new engine is required only after 12 months on a brand new vehicle? I would think not. You need to make sure you document all the times you have had the car back to the dealer so that you have proof of dates and times.

As I said above it is usually the dealer who you would seek to claim against first and make them aware. However I think your position would resemble a debtor-creditor-supplier agreement so you could potentially have a claim against Barclay card under s.75 of the Consumer Credit Act. It states that,

If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.

S.12 (b) refers to s.11(b) which says the following:

A restricted-use credit agreement is a regulated consumer credit agreement which is:
to finance a transaction between the debtor and a person (the “supplier ”) other than the creditor

Arguably, because the supplier is not the creditor, I would say that this falls within s.75 and both the dealer (the supplier) and the creditor would be jointly liable for any breach of contract, negligence etc. You've already said that you are complaining the the FOS, have you submitted your complaint already? it may be a case that you might wish to amend your complaint to incorporate this section.

[LegalNewb]

Re: PCP Ending my agreement.

The amount of problems is ridiculous, Carshop have a service centre that cover the repairs on my vehicle so they're aware of most of the times I've taken my car to them. They could only provide a couple of job sheets though despite me having taken my vehicle to them multiple times. I've spoken to the service manager of the store who was extremely unhelpful.

He originally said he had no proof of my vehicle coming into them, it took a lot of pushing for him to hand over the job sheets. He's got the invoice that they sent to the manufacturer for the new engine and a report of me going in once to have the lights checked out. But that's all!

If the service manager isn't willing to help then who is?

Unfortunately the complaint to FSO has already submitted.

[R0b]

Re: PCP Ending my agreement.

You have at least proof of the engine being replaced which I would say is a key piece of evidence, you should be making sure that you get documented evidence of what has been done each time, make sure you get evidence of what will be done when you next take it in and don't take no for an answer. I assume you have logs of calls made to and from the repair centre too?

Do you have a copy of the FOS complaint you have made? how long ago did you submit this? Any chance I could see what you have mentioned in there, with any personal information in there redacted.

[LegalNewb]

Re: PCP Ending my agreement.

Orginally I though it wasn't that much of a big deal. Now all the problems are starting to get too much. From now on i'll be requesting everything in writing.
When you say a log, as in recordings of what was said or when they were made?

I raised the complaint through their website. and was not offered a copy of it. I've got my reference for this but it's at home unfortunately and i am at work...

[R0b]

Re: PCP Ending my agreement.

I mean a log as in the dates and times when you made or received calls as that will help to identify the times you spoke to them and if you remember the days then that would be useful also. I see, perhaps it is best giving a call and asking for a copy as there was not an opportunity online - what about submitting any evidence was that supplied tot the ombudsman too?