Rejecting a Vehicle on Finance

[insertusername]

Re: Rejecting a Vehicle on Finance

Tomorrow is day 14, I emailed for an update this morning and received a reply quite quickly. Unfortunately it gets me nowhere.

There is no update, Eurodrive (the broker) are investigating my concerns and they (Blue Motor) are awaiting an update. Eurodrive sourced the vehicle and have the relationship with the dealer so the complaint has to be investigated through them. They have 8 weeks under FCA guidelines and as soon as they have any info they will be in touch. Zero help to me with a faulty car on my driveway.

I am now contemplating contacting Eurodrive myself.

EDIT....I have mailed eurodrive and have been contacted by someone from them. He has advised that the dealership is not supporting my request for rejection at this point and has asked if I would consider getting the car repaired.

I have said no... I said from the outset that the car has been repaired too many times now and yet I still have problems with it.

Edit: Copy of dealerships legal companies response included (it reads very poorly and has not addressed the issue at all in that the car has developed further faults other than the body control module). My plan of action is to pay for an independent diagnostic report showing what the additional faults are. I will be charging for this.

[insertusername]

Re: Rejecting a Vehicle on Finance

This morning I have paid for a diagnostic report from an independent dealership which has shown that the car has a number of error codes, not related to the part the dealership have replaced

I have forwarded this onto Eurodrive who have said they have 56 days to resolve this, 8 weeks is no good to me and I think I have been more than compensating in paying to get the additional faults diagnosed.

Is it worth me issuing a letter before action today if they say they have 8 weeks to resolve which I assume is their guidance with the FCA?

[insertusername]

Re: Rejecting a Vehicle on Finance

This morning I have paid for a diagnostic report from an independent dealership which has shown that the car has a number of error codes, not related to the part the dealership have replaced

I have forwarded this onto Eurodrive who have said they have 56 days to resolve this, 8 weeks is no good to me and I think I have been more than compensating in paying to get the additional faults diagnosed.

Is it worth me issuing a letter before action today if they say they have 8 weeks to resolve which I assume is their guidance with the FCA?

[des8]

Re: Rejecting a Vehicle on Finance

May I suggest you post up your Letter Before Action for others to comment?
suitably redacted of course

[insertusername]

Re: Rejecting a Vehicle on Finance

I will do that tomorrow as I have saved a copy on my work PC. thanks

[insertusername]

Re: Rejecting a Vehicle on Finance

Could I get some advice on my proposed letter before I send it off to Blue Motor Finance?

Thanks

[des8]

Re: Rejecting a Vehicle on Finance

Busy at moment .... will look over this evening

[des8]

Re: Rejecting a Vehicle on Finance

I would suggest more along these lines, but it is your letter!

LETTER BEFORE ACTION

Re: xxx, BMW 3 Series, 2.0 320i SE 4dr Auto


Onthe 29^thMay I bought the above vehicle at a cost of £7499 supplied under a hire purchase agreement with your company.
I took delivery of the car onWednesday 1^stJune at around 4pm.

As detailed in my earlier letters the car has never been satisfactory, and is not fit for purpose.

I agreed to allow the supplying dealership one attempt to repair the vehicle, but reserved my right to reject.

The vehicle has been returned on numerous occasions to the dealer, but the faults remain.

I have already supplied you with a list of faults discovered by an indepenent motor engineer.

Accordingly I informed you by letter on 03 August 2016 I was rejecting the vehicle under rights conveyed by The Consumer Rights Act 2015, and that I required a full refund.

Your response to my letter suggesting you will respond within 56 days is unacceptable.

Take notice therefore that Iwill initiate court proceedings without further notice if this issue is not resolved within14 days of receipt of this letter.
I will seek to recover the following sums:

Deposit	£100
3 Monthly Payments	£717
Damages for loss of use at £10 per day until judgement
Vehicle Storage at £10 per day until collection
Out of pocket expenses (DVLA Cherished Plates Transfer Costs 2x£80) Cost of independent engineer's report Cost of insurance and road fund tax (if you have not sorned vehicle) I await your written advices,	£160

[insertusername]

Re: Rejecting a Vehicle on Finance

I will use your suggested version. You know you're stuff and I really appreciate the help.

[des8]

Re: Rejecting a Vehicle on Finance

Please realise that if you proceed to sue it may take several weeks to come to court, and it is possible they will make an offer to settle prior to that.

[insertusername]

Re: Rejecting a Vehicle on Finance

The settlement would be better for me. The quicker I get rid of this car the better for me. I've added all the other stuff onto the claim but I don't really want it. Car gone and money back is all I want.

[insertusername]

Re: Rejecting a Vehicle on Finance

The finance company have been sent the letter before action today, via email which they have acknowledged.

They have contacted me today saying the supplying dealership is unsure if the engine lights are related to the original faults with the vehicle and would like to inspect the vehicle before considering my request for rejection.

Do I allow them to inspect the vehicle but advise they must collect it or just refuse as I have proved the faults at my own expense via the 3rd party report?

[des8]

Re: Rejecting a Vehicle on Finance

Repeat that the vehicle is available for collection at their cost by arrangement, and that any faults found in the first six months are considered to have been there when the vehicle was sold and consequently it matters not to what those lights refer.
The time before you initiate court proceedings is running out as fast as your patience, as they are already in possession of an independent report.
Tell them to refer to CRA 2015
Sec 19 Consumers rights to enforce terms about goods
(14)For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day

.

[insertusername]

Re: Rejecting a Vehicle on Finance

I don't quite understand what that last section means but I'll have a read of it and try and get my head around it.

I have told the finance company that I am not driving the car because I don't know whether it is reliable but that I think they are delaying unnecessarily as they are in possession of a report already.

I have told them that if they want to collect the car then fine but I am declaring it Sorn and cancelling my payments for the finance agreement.

[des8]

Re: Rejecting a Vehicle on Finance

That quote means that faults which show up in the first six months are deemed to have been present when the vehicle was purchased.