Help desperateley needed - Car break/failure rights - owned for less than 5 months

[JimboCP]

Re: Help desperateley needed - Car break/failure rights - owned for less than 5 month

Many thanks Des and Rob very very helpful

I have just checked the contract, it is a Hire Purchase Agreement.

If i reject the car does it have to be within six months from the date of rejection letter, the reason i ask is i reported the fault after 4 months and two weeks but the way the finance company are dragging this out the 8 weeks will take me beyond the six months if i reject it should i not be happy with the result of their complaints procedure.

i.e say the six months from date of purchase is up on 01.03.17 will a rejection after that date cause me problems or am i ok given i first reported the problem within six months. Only I am now wondering if there taking the full 8 weeks is a tactic to get me beyond the six months.

Do you think i should go straight for a letter of rejection to the finance company now together with asking where to return the car at the same?

As i say i need to get another car otherwise i am truly knackered, would getting a second care on finance now from a different company be a bad idea/weaken my case?

Thank you.

[des8]

Re: Help desperateley needed - Car break/failure rights - owned for less than 5 month

So as a hire purchase the finance company are the trader and bound by CRA 2015

You rejected the vehicle when you brought the subject up and was given incorrect information by the financiers
CRA 2015 Chap 2 Para21 5& 6
The indication may be something the consumer says or does, but it must be clear enough to be understood by the trader
The consumer rejects goods under this section by indicating to the trader that the consumer is rejecting the goods.

I would suggest an email confirming you have rejected the vehicle under the rights bestowed by CRA 2015.
This rejection was in your phone call of dd/mm, when you were given false information.

Remind them they have to settle the matter within a reasonable time (which is generally accepted as being within 2 weeks) and that you are entitled to lodge a claim for damages.
Damages are the extra costs you incur following the breach of contract (supply of unsatisfactory goods) and includes the delay in settling the matter

Do stop talking to them on the phone (if you haven't already).
All communication should be in writing (email or snail mail!) so you have a paper trail

PS you do not return the car
They collect it by arrangement at your convenience and their cost

[JimboCP]

Re: Help desperateley needed - Car break/failure rights - owned for less than 5 month

Thank you Des.

So I will email this to the finance company stating that I reject the car forthwith?

My next finance repayment is due at the end of this month/start of March. Given I expect the finance company to argue the toss should and not therefore resolve anything before then should i continue to make finance repayments or who you stop them from the moment you sent the rejection email?

Also is email Okay or would you write a letter.

Will getting another car in next couple of weeks on finance via another company affect me at all as i do need a (working) car or would you advise against that.

If the finance disagree with my letter of rejection am i then looking at a court case?

Thanks again.

[des8]

Re: Help desperateley needed - Car break/failure rights - owned for less than 5 month

I would email them confirming your earlier rejection of the car, and high light their false advice.
You could send the email read-receipt (so I'm told!) &/or confirm in writing (I am a believer in belt and braces but that reflects my age lol)

I would not cancel the repayments yet.
If you do , out of sheer malice they might mark your credit records, which won't help your application for further finance.
You still have 2 or 3 weeks in which you might get an agreement from them.
This might be that they will have the vehicle repaired (altho' unlikely) in which case your finance agreement will have to continue.
On the other hand they will probably agree a refund, in which case the agreement will be cancelled.

To encourage their speedy resolution remind them that you will be considering takng action to recover your losses as discussed earlier.

Be aware if they agree to a refund they will want to make a deduction for fair usage.
This should be more or less equivalent to depreciation for the number of miles you covered.
So try and ascertain in advance the depreciation rate for your vehicle taking into account its age, (forewarned is forearmed)

Court is always a possibility, but tends to be unusual.
Companies will take it to the wire, but as they effectively cannot recover their solcitor's costs even if they win, they tend to come to an agreement at the last moment.

[JimboCP]

Re: Help desperateley needed - Car break/failure rights - owned for less than 5 month

Des - Thank you so so much for this invaluable help. I will draft something this weekend and will put an email in early next week and follow it up with a hard copy in the post.

Point noted re finance payments I will maintain them for the time being or at least the next one.

Many thanks