Rejecting a Vehicle on Finance

[insertusername]

Re: Rejecting a Vehicle on Finance

small update, the finance company are arranging for another independent engineer to inspect the vehicle to ascertain whether the faults are all related. Feels like there is starting to be some movement with it.

[des8]

Re: Rejecting a Vehicle on Finance

Doesn't matter if the faults are related or not.
Vehicle bought less than 6 months ago
Vehicle faulty
Vehicle rejected
END OFF!

[insertusername]

Re: Rejecting a Vehicle on Finance

Can the dealership or the finance company refuse my rejection? The finance company seem to be going along the lines of I have to get the dealership to agree to let me reject the car and that's why this inspection is necessary

[des8]

Re: Rejecting a Vehicle on Finance

If they do dispute your rejection, it can only be on the grounds that there are no faults

You have proof of the faults (the diagnostics you had carried out).
The dealership acknowledged faults when they asked for your agreement to a further repair (which you refused.

If thy refuse to accept your rejection you initiate court proceedings, and claim for everything possible

[insertusername]

Re: Rejecting a Vehicle on Finance

They have completed the independent inspection yesterday which is going to backup what I have said. I am sick of holding onto this car for them now, is there any reason why I shouldn't drive it to the dealership I bought if from and leave it there and change the registered keeper to the finance company. At least that way gets it off my driveway and away from my house.

[des8]

Re: Rejecting a Vehicle on Finance

As long as the car is roadworthy, still taxed and insured for you to drive, return it to the dealer if you want.
But remember it actually belongs to the finance house.
Normally advise peeps to hang on to the vehicle either until they collect it, or you have received the refund.
If you're not careful you can end up without the car and still hunting for your money
There shouldn't be a problem but.........

When disposing of the car, the only paperwork you must be sure to fill in is the small V5C/2 slip on of the V5C logbook – that’s the ‘New keeper’s details’ form/section 10 of the logbook.
This must be torn out and handed to the new keeper as their record of the transfer.You retain the rest of the document.
Then, instead of filling in the rest of the relevant sections in the V5C logbook and sending the form to DVLA through the post, you simply inform the DVLA online of your vehicle’s change of keeper

[insertusername]

Re: Rejecting a Vehicle on Finance

I have had a copy of the independent inspection forwarded to me by the finance company, a redacted copy of which I have attached (hopefully)

It confirms what I said all along in that the car has further faults unrelated to the ones already repaired (or attempted to repair). I have said to the finance company that the report is clear in that the car is faulty and needs to be returned, they are now saying that they are awaiting the supplying dealerships comments, my 14 timescale on the letter before action has now expired, this has been ongoing for around 8 weeks and I now want to push on with legal action if thats what I have to do.

I am confident that I would be successful given the independent report so what do i have to do now, I have already ceased paying for the finance and the car is still sat on my driveway having covered 1 mile in the last 8 weeks.

[des8]

Re: Rejecting a Vehicle on Finance

With that report you should now have no problems.
You could file a claim, but it will take several weeks to get to court, by which time this should be settled.
So you will have unnecessarily incurred the cost of filing.

I would suggest an email to the finance house pointing out that the unnecessary delay in settling your claim is daily increasing the damages you are claiming.
They now have confirmation the vehicle is unsatisfactory, and they have had one attempt to repair it.
You want your refund, you want it now together with damages as mentioned earlier (which I recall you said you weren't interested in?)
CRA 2015 requires refund to be made without undue delay, and within 14 days of trader agreeing refund


You could put a court claim in, including those damages you weren't interested in.
If they then pay for the vehicle only your claim for damages would continue.

[insertusername]

Re: Rejecting a Vehicle on Finance

With that report you should now have no problems.
You could file a claim, but it will take several weeks to get to court, by which time this should be settled.
So you will have unnecessarily incurred the cost of filing.

I would suggest an email to the finance house pointing out that the unnecessary delay in settling your claim is daily increasing the damages you are claiming.
They now have confirmation the vehicle is unsatisfactory, and they have had one attempt to repair it.
You want your refund, you want it now together with damages as mentioned earlier (which I recall you said you weren't interested in?)
CRA 2015 requires refund to be made without undue delay, and within 14 days of trader agreeing refund


You could put a court claim in, including those damages you weren't interested in.
If they then pay for the vehicle only your claim for damages would continue.

Thank you for confirming that for me, I did think the report was very much in my favour and was very definitive.

If I can get back my £600 (approx) and then £80 to transfer my private plate to another car then I will be happy, the other fees I would have put onto a claim just to nudge them towards a settlement.

The problem is just the delay, it seems that the supplying dealership are just going to delay this as they haven't answered the finance company. I have seen another vehicle I want but I am unable to buy it as have nowhere to put it whilst I've got this BMW on my drive. I also need confirmation that the finance agreement is going to cancelled before I end up with 2 agreements. The 14 day refund part I cant say too much to the finance company as at this point they havent agreed that I am due a refund (although with that report I would hope its just a formality now)

I just want to be able to drive again ha.

Ps thanks for all of your advice, you have been a big help to me.

[insertusername]

Re: Rejecting a Vehicle on Finance

After a telephone call with the finance company today, they have agreed to accept my rejection of the vehicle. They have asked me to return the vehicle back to the supplying dealership and once they have confirmation the vehicle is back they are going to return the 2 payments i have made and fund the cost of the cherished plate transfer.

I have to argue for the return of my deposit with the supplying dealership but as this was only £100 and I had use of the vehicle for 2k miles I am going to leave this as I just want to move on.

I would like to say a big thanks to DES8 ( I would have tagged but dont know how to) for your help. Your advice has been great and I would have struggled without.

[des8]

Re: Rejecting a Vehicle on Finance

Well done, glad to see things are at last moving in your direction

[insertusername]

Re: Rejecting a Vehicle on Finance

Sorry to drag this back up.

I still have not had any money back from the finance company although they have agreed that I have rejected the vehicle and it is back with the dealership.

The issue now is with the amount they want to return to me, I have asked for my payments back they have said they want to make a deduction for usage, which is fair enough but we are in a disagreement about what is reasonable. Any idea on how this should be valued?

[des8]

Re: Rejecting a Vehicle on Finance

You might get a starting point from this link: https://www.moneyadviceservice.org.u...tion-explained

Perhaps you might tell them that in return for not deducting for depreciation you will not be claiming your "damages" as suggested earlier !
After all 2000 miles can't be much depreciation, but your losses could be quite extensive!!

[insertusername]

Re: Rejecting a Vehicle on Finance

I've gone back to her suggesting the maximum I am going to allow for deduction is one payment but I want my costs and deposit refunding. The more I think about it the more I should fight for the whole amount. 15p per mile they decided to charge

[des8]

Re: Rejecting a Vehicle on Finance

It may be worth noting that a deduction can only be made for usage if you return the goods under the final right to reject.
If your rejection is under the short term right they cannot make any deduction.
The thirty days only refers in effect to the time you have had the vehicle in your possession,
.
So when the car goes into the garage for repair the clock stops ticking until you get it back.
In your earlier posts you said you had lots of problems, so did that mean in effect you used your short term right to reject?
If so they cannot deduct for usage.