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Hire Purchase Agreement - Faulty Car - Advice

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  • Hire Purchase Agreement - Faulty Car - Advice

    Hi,

    I have just taken a hire purchase agreement on a car with a 2012 plate and 9400 miles on the clock.

    A day after getting the car I noticed the back window was not working. I booked it into the manufacturer's garage. On the way up I noticed the gearbox making funny noises when going up into 3rd gear and when going down so asked the mechanic to look at this also. He said the car needs a new rear wiper motor (however this is covered under the warranty). There is also an issue with the gearbox and the first thing to do would be an oil which would cost £78 as not covered under warranty. If the problem reoccured he would need to replace the gearbox which would cost £1000 (manufacturer may cover this). I explained I just got the car a few days ago etc and I would not be paying for the repair. Mechanic stated that this issue had been there longer than a few days. I called the garage I bought it from and they agreed to cover the cost of the oil change.

    However, yesterday I noticed the car was veering to the left when I take my hands off the wheel. My dad drove the car and confirmed this and also said he thinks it might need new brake pads/discs/ We tried to contact the garage today to advise them of these further faults, however both the man we dealt with and the manager were off on holiday and there was no one that could deal with this today.

    The car is booked in to the manufacturer at the start of next week to get the wiper fixed and oil change. I have also asked them to check the whole car over and give me a written report. The car was apparently serviced just before I got it, but my dad is seriously questioning this.

    I spoke to the finance company who have logged a complaint. The said they have to allow 56 days for the garage to fix the car. They also said I would not be able to get out of the agreement if I wanted to. The terms and conditions state I can withdraw from the agreement within 15 days however when I mentioned this to the advisor he stated it is not a cooling off period - merely a period whereby I can pay the price in full minus interest. I think this is terribly misleading as it does not say this.

    I did test drive the car and the rear window wipers were working at that point. I recall the noise in the gear change but thought it was because I wasn't putting my foot down enough on the clutch and it only did it a couple of times so I didn't think anything else of it. I didn't notice the veering to the left as I daren't let the steering wheel go for fear of crashing the car.

    I signed the agreement on the premises. Do I have any rights?
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  • #2
    Re: Hire Purchase Agreement - Faulty Car - Advice

    Originally posted by Wolves View Post
    Hi,

    I have just taken a hire purchase agreement on a car with a 2012 plate and 9400 miles on the clock.

    A day after getting the car I noticed the back window was not working. I booked it into the manufacturer's garage. On the way up I noticed the gearbox making funny noises when going up into 3rd gear and when going down so asked the mechanic to look at this also. He said the car needs a new rear wiper motor (however this is covered under the warranty). There is also an issue with the gearbox and the first thing to do would be an oil which would cost £78 as not covered under warranty. If the problem reoccured he would need to replace the gearbox which would cost £1000 (manufacturer may cover this). I explained I just got the car a few days ago etc and I would not be paying for the repair. Mechanic stated that this issue had been there longer than a few days. I called the garage I bought it from and they agreed to cover the cost of the oil change.

    However, yesterday I noticed the car was veering to the left when I take my hands off the wheel. My dad drove the car and confirmed this and also said he thinks it might need new brake pads/discs/ We tried to contact the garage today to advise them of these further faults, however both the man we dealt with and the manager were off on holiday and there was no one that could deal with this today.

    The car is booked in to the manufacturer at the start of next week to get the wiper fixed and oil change. I have also asked them to check the whole car over and give me a written report. The car was apparently serviced just before I got it, but my dad is seriously questioning this.

    I spoke to the finance company who have logged a complaint. The said they have to allow 56 days for the garage to fix the car. They also said I would not be able to get out of the agreement if I wanted to. The terms and conditions state I can withdraw from the agreement within 15 days however when I mentioned this to the advisor he stated it is not a cooling off period - merely a period whereby I can pay the price in full minus interest. I think this is terribly misleading as it does not say this.

    I did test drive the car and the rear window wipers were working at that point. I recall the noise in the gear change but thought it was because I wasn't putting my foot down enough on the clutch and it only did it a couple of times so I didn't think anything else of it. I didn't notice the veering to the left as I daren't let the steering wheel go for fear of crashing the car.

    I signed the agreement on the premises. Do I have any rights?
    The sales of goods act gives you the right to quite enjoyment of goods free from defects. if defects occur then the seller must be given chance to remedy the defects or replace the goods with same or similar item, if they fail to do so then they are in breach of the sales of goods act and could forfeit the goods.

    As for the hire agreement - i assume the creditor is a third party and was not present at signing and that the signing did not occur on the creditors premises. if this is the case then i believe you are entitled to 14 days cooling off period regardless of what they say. Am also pretty certain that if the seller breaches the sales of goods act then the hire purchase agreement would be invalidated.

    Though hire purchase agreements are not really my thing as i mainly advise on standard credit agreements and employment issues - So others with more knowledge on the Hire Purchases should be along shortly to over more knowledgeable advise
    Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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    The Governess; 6th March 2012 GRRRRRR

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