Car Finance on a HP

[GingerBreadLady12]

Good Morning all!

I am very new to this forum but i am need of words of wisdom about a problem i have with my current car.

I brought my car back in Feb 13, brand new from Hyundai. It has cost over £23,000 for, what we thought, would be our perfect family car.

In Sep 13 we began to have problems with our car. Our optional extra upgraded media unit began to become faulty as well as our nice paintwork began to peel. We immediately went back to our dealership and reported our faults. Luckily our car is under a 5 year warranty. The car came back fit for purpose and we began using it like any family would.

A few weeks later, our media system began to become faulty again. Disappointed, we naturally went back to our garage who happily fitted another one. However, it hasnt stopped since. We have been back in total 9 times! My car is now in the garage AGAIN and having its THIRD interface put in. We haven't been offered a new car, compensation for our 60 mile round trip for every time it breaks or for it to be sent away to have to looked into further. Not to mention we have been recovered TWICE by the RAC for faulty breaks and an oil consumption problem.

This is really beginning to take its toll on my family life. My car is now evolving around my work life, home life and social life.

I have written a letter of complaint to Hyundai Finance stating all the problems and provided evidence for each problem. We even got the point of videoing the issues with the car so we don't seem to burdening anyone. Today (25 Mar 14) after all the hard work we have put in to find a resolution for this problem we was told by Hyundai Finance that we must provide evidence that the car was faulty in the first 6 months. I have stated a lot of times to them that it was over six months and I have provided ALL evidence of the faults to my local Hyundai garage and themselves.

I am now stuck... where do I stand now? I simply do not want the car any more. They have had many fair chances to take the car away and find the real cause or even offer me a replacement vehicle but I have had nothing. Can I simply just hand the car back over under the Implied Terms Act? Its 100% not fit purpose. If I pay an extra £3000 for a upgraded media system I want it to work.

I have kept my calm for the last few months going through the normal complaints procedures but no one seems to quite understand my frustration. Any help and advice is greatly appreciated.

[d.stenson]

Re: Car Finance on a HP

Motorists who buy a faulty car on hire purchase are regualry givin the wrong information as the are wrongly being refused refunds from their finance provider.

Lenders often tell customers the condition of the vehicle is not their responsibility and are simply directing the customer back to the garage.
In fact, the finance provider should ensure faults are fixed or let the customer return the vehicle.

The Sale of Goods Act and Supply of Goods (Implied Terms) Act state that goods must meet their description, be of a satisfactory quality and fit for purpose — these are the acts to quote to dealers if you want to get the fault fixed.
Also Section 75 of the Consumer Credit Act gives similar protection if you bought their car with a credit card or a loan arranged by the dealer, such as Hyandai Finance.

Section 75 of the Consumer Credit Act is the act to quote to finance providers if you get nowhere with the garage. If you bought your car on hire purchase, Section 75 does not apply and you need to quote the Supply of Goods (Implied Terms) Act to the finance provider. This is because a car bought on hire purchase does not belong to the customer — it belongs to the finance provider.

If they refuse your claim for a repair, replacemetn or a refund then ask them for a final response in writing and then take yout complaint to the Financial Ombudsman as it should then uphold your complaint, and then can force the lender to:
• Allow you to break the loan agreement and return the vehicle;
• Refund loan payments;
• Pay for vehicle repairs;
• Compensate you for losses such taxis or car hire charges etc.