Advice needed on HP broken vehicle

[Mujshah]

Hi
im new on this forum.can some one please give me some professional advice for the following issue?
i bought a ford galaxy from private dealer on HP finance around 15 months ago.at the milage of 29000.
The car was manufactured in june 2015.this car has still manufacturing warranty till june2018.
issue:
one day i was on motorway then suddenly car lost the power and soon as pulled of on the hard shoulder its power was cut off then did not start.i called the AA and they dropped the car to local ford franchised.as the car was still under warranty.
i provided them full service history with record of all 3 services done at the time.
i am the second owner and a renting car company was the 1st owner when i bought it from a private dealer.
the first service was done at 13800 miles instead of 12500 by that rent a car (first owner)
second service was done by the first owner at 25000 miles.
third service i got it done privately around 35000 miles.
when i took the car to local ford dealer they diagosed as oil pump failure which caused engine seized and decline the warranty by saying that the first milage was done out of miles ( on 13800 miles instead of 12500 so your warranty has become invalid. Then i spoke to main ford dealer and after few weeks they gave me a different excuse by saying the difference between 1st and 3rd service is 5month,which doesnot make any sence and they were not counting the 2nd service, so they decline warranty on baseless reason.
im still paying finance and my car is off road since last 3 months.now some one has told me to speak to finance company they might help or force the dealer to repair it.
would it be helpful to speaking to finance company or if i have any right to return the vehicle if it has fixed with faulty oil pump or other parts which i discovered around one year later from the time of purchase .?
ford has told me to pay £8000 to put new engine and oil pump
Which of course i cant afford.
The car had total milage only around 45000 at the time of breakdown.

i. Looking forward to a professional relevant advice asap please.

many thanks

muj shah

[R0b]

Hello

If you want some professional advice then I would suggest you find a solicitor who can give you the specific advice that you need. This forum is based on assisting those who need help but we cannot be held liable for anything you rely on in this forum.

That aside, I would say that your contract is not with the Ford dealer because you took it out on HP. Therefore the company purchased the vehicle from the Ford dealer who in turn then loaned it out to you. So your starting point should always be to go to the finance company directly because they own the car and are responsible for ensuring it is of satisfactory quality and fit for purpose.

There always seems to be a common misconception on HP agreements that because you went to the dealer to get you the car, the dealer must be responsible but that's not true (though sometimes they may be in certain circumstances).

[Mujshah]

Hi Rob thanks for your kind advice.

I need further advice on the same matter please if you can help.

I did speak to few solicitors and they told it can cost me around £7000 plus to resolve the matter till end, which obviously I cant afford.
As I have mentioned the car was taken on finance and my wife took it on her name for business purpose( for me to drive as taxi, so this is our mean of income), we told the private dealer the purpose of buying car. He transfferd the log book on my name.
All our payments are going on time and never had any late or missed payment since the car was financed.
In this case should I speak to finance company and explain them the whole situation?
would it help or would it be against us or would it effect on our HP contract?

I told the dealer when the car was broken down and he said its nothing to do with finance company or with us(dealer),he advised me to speak to the main dealer/manufacturer(Ford) as the car was still under manufacturing warranty.

please advice me what to do under these circumstances as the car still got manufacturing warranty left.


Many Thanks for your time


Regards


Muj shah

[R0b]

I've tagged Diana M to see if she can assist in any way - £7,000+ seems like a lot for something like this though you could do most of the legwork yourself to try keep those costs to a minimum i.e. complaining to the finance company, going to the Ombudsman etc. Ideally you need to keep everything in writing moving forward as anything they say could be used as evidence if you did wish to go to court.

Also, if you have any legal protection on your home insurance then it might be worth giving them a call as usually they cover legal costs for things such as breach of contract.

I do think the finance company needs to be aware of this because at the end of the day, it is their car. They may be able to put some pressure on the dealer to get it looked at/fixed.