Rejecting a Vehicle on Finance

[insertusername]

Hi,

I was wondering if anybody can provide me with some advice on my situation and my options and next steps.

I purchased a car at the beginning of June which I have had various problems with and the car has been in for a few repairs since I bought it.

I am at the point where I have no faith in the vehicle as I have not had a single day of ownership without some form of problem with the car. I have contacted the finance company (Blue Motor Finance) to advise I wish to reject the vehicle and I have sent the following letter to them. (personal info and names of companies removed).

Any advice on how likely I am to succeed, I am even happy not to get my money back at this point and just return the car and go and buy from somewhere else if that is what I need to do. I have a feeling this car will turn into a money pit if I dont act.

I have (hopefully) attached a copy of the letter I have sent. It was a template I found online and I have added my details to it so hopefully it refers to the correct laws etc.

Any help is greatly appreciated.

Thanks.

[des8]

Re: Rejecting a Vehicle on Finance

Fine, you have told them clearly you are rejecting the vehicle as it is unsatisfactory.
You have referred to the CRA 2015.
You have told them where it is for collection.
You have requested a full refund. "which must be given without undue delay".

Now wait and see (but no longer than 2 weeks!)

[insertusername]

Re: Rejecting a Vehicle on Finance

So just leave the car at home and wait and see what happens?

What if they don't reply in a couple of weeks or so. I'm worried about being in a position of not hearing anything or this dragging on for weeks or months whilst I'm still paying for the car and not using it and ending up stuck with it.

Thanks for your reply

[des8]

Re: Rejecting a Vehicle on Finance

If you haven't heard anything down the line in two weeks, you send a "letter before action" and if that doesn't stir them into life, two weeks later you initiate court action.

[insertusername]

Re: Rejecting a Vehicle on Finance

And all of this goes to the finance company rather than the dealership if I understand the process correctly?

[R0b]

Re: Rejecting a Vehicle on Finance

That's correct, the car is now owned by the finance co. so it is them who you direct your problem to.

[ostell]

Re: Rejecting a Vehicle on Finance

The letter to the dealer did not use the Consumer Rights Act 2015. Perhaps future letters, and certainly the LBC, should make reference to this.

[des8]

Re: Rejecting a Vehicle on Finance

That letter does refer to "the consumer protection act" and the thirty days right of rejection.
If it comes to letters before action/ court claim [MENTION=42504]insertusername[/MENTION] will have to ensure the wording is more specific

[insertusername]

Re: Rejecting a Vehicle on Finance

I have received a letter from the finance company acknowledging my complaint. It says they will write to me once they have investigated and if it takes more than 4 weeks they will write to me with progress.

I was hoping it wouldn't take as long as that is it means the car is sitting on my drive and I need to look at purchasing something else to get me back on the road.

I will give them a couple of weeks and maybe come back for some advice on a letter before action and what I need to include. I hope it doesn't need to go as far as that but see what happens.

Thanks

[des8]

Re: Rejecting a Vehicle on Finance

I would acknowledge their response, and refer them to CRA 2015 Sec 20 (15) where it states:

(15)a

refund under this section must be given without undue delay, and in any event within 14 days beginning with the day on which the trader agrees that the consumer is entitled to a refund.

I would regard 4 weeks as unacceptable.
Also tell them that your claim will now encompass a daily charge for the time the vehicle is unavailable to you, and you will not hesitate to initiate court action.

[insertusername]

Re: Rejecting a Vehicle on Finance

Bit of an update and some further advice if I can.

I followed the advice above and emailed the finance company acknowledging their letter and mentioning the section regarding the 14 days. It is now 9 days since the first letter was received and I have had an email from the complaints handler saying they are waiting on Eurodrive who was the broker, to respond to them. It was with an account manager who was going to speak to the supplying dealer. They have given me a number to contact Eurodrive.

I dont really want to contact anyone by phone as I would like everything to be in writing so that I have records, but what role do Eurodrive have in this other than being the ones that introduced me to the finance company. The finance company own the car and they supplied it to me so I am unsure why I have to wait on Eurodrive at all?

In the meantime I am at home with 2 kids with a car sat on the drive that I cant use to take them anywhere. Any advice on what my next steps should be?

Thanks

[des8]

Re: Rejecting a Vehicle on Finance

Email them back telling them that their connection with Eurodrive has nothing to do with their obligations to you under CRA 2015 and you have no intention of contacting Eurodrive.
Remind them you are considering initiating court action as the delays are unacceptable.

[insertusername]

Re: Rejecting a Vehicle on Finance

Done, I am getting quite frustrated with them as nothing seems to be happening.

Eurodrive really have no part to play in this in my opinion, I just want the finance agreement rescinding, the car collecting and be able to move on and purchase something else.

Thanks

[insertusername]

Re: Rejecting a Vehicle on Finance

Its quickly approaching 2 weeks since I made my initial complaint to Blue Motor Finance and I am still no further forward, can you give any advice on how I can given them a 'nudge' to get this sorted?

The complaints handler did not respond to my email querying Eurodrive's role in the process and I don't want this to just sit on somebody's desk and then get to the point where I am making another monthly payment for the car that I have no intention of keeping.

Thanks

[des8]

Re: Rejecting a Vehicle on Finance

On the fourteenth day send a "letter before claim" "signed for".
The letter should give all relevant details eg car reg, no ., date of purchase, problems with vehicle, what you want as remedy (car collected, full refund of all costs and a daily allowance for non use of car since the date you notified them of rejection)
Finish the letter that if you do not receive a satisfactory response within 14 days you will initiate court proceedings without further reference.

You won't get everything you ask for, but it does give you room to negotiate if necessary.