Regulated Conditional Sale...faulty goods

[StevenJames]

I have a Regulated Conditional Sale agreement on a car plated 2012.
It has 38k on the clock.
No payments have been missed and I have had the car for 12 months as from Nov 2013. The contract states the car can be returned when half the total outstanding has been reached.
Since I have had the car it has been into Vauxhall's 6 times for engine management light. a faulty spark plug, a new power pack, and a fuel purge valve. All problems occurred after a six month period. I intend to return the car if another problem arises whereby I shall claim a long term right to reject based on all these problems which have been recorded by Vauxhall's and myself.
I have informed the lender at every stage and requested their help in resolving these ongoing problems, to no avail !
As there seems to be numerous issues with the car, not one fault reoccurring, I consider this a strong case for the return of the vehicle, and the cancellation of the contract relieving me of liability and also a part refund based on the goods not being fit for purpose.
After the next issue(should there be one) I shall give them the ten day period to collect the car and stop payments immediately.

It is my understanding that there has been a breach of contract (re faulty goods) and he contract is void from the outset and liability would cease from that point of me informing them of my intention to return the car to the lender.

Any comments welcome.

[StevenJames]

Re: Regulated Conditional Sale...faulty goods

I'm well read on these issues, especially regarding, contracts and Statutory Rights. Despite the horror stories of these 'lenders' pressing people on repayments ( especially where they are the one's in breach of contract) on ignoring the individual right under law. I specialise , particularly in, bailiffs, parking tickets and credit card companies who use third party interlopers ( Private debt collectors). I also have much experience in the return of 'notes' that is to say credit agreements and contracts that release the funds to the seller. These are actually referred to as 'promissory notes' (just like paper money) and has legal precedent ! These are often used by the 'lenders' to securitise the 'debt' whereby if you default they are insured against it !! (So if they get you to repay a 'debt' it is being paid TWICE !!!! ( Hence ..RE payment)
These securitisations are bought by others which in turn raise credit against your debt...so a 6 K loan can raise ten of thousands of pounds over the course of this process.

By requesting the original ...your 'wet' signature agreement ( which they have sold , don't forget, as insurance against your possible default ) 'NOTE' they can never return it to you as it is 'lost' in the system. You have a legal right to reclaim all payments against the purchase once paid for or should you terminate the agreement when they are in breach. To do this you would need to speak to a senior manager of the firm as they know the system well !! A telephone answerer...knows nothing of this process. Don't forget this note you signed is actual money !!...of course it is......it is something you are 'paying back' is it not.....!?

In short, whenever, you sign a 'note' ( agreement) that releases money to a dealer for goods it is actual money itself and must be returned to you on satisfying the so called debt....but it never ever is . It is a security which belongs to you ( it has your signature on it) and should be returned to you on completion of repayments !!!!!

[Wombats]

Re: Regulated Conditional Sale...faulty goods

Oh dear, more FOTL rubbish. You may be well read Stephen, but the information you have read so 'well' is, unfortunately, hugely inaccurate.

Would you like a sensible response to your first post, or were you here just to mention the FOTL stuff?

[StevenJames]

Re: Regulated Conditional Sale...faulty goods

Well, firstly it is STEVEN (pay attention) and I have no idea what 'FOTL stuff' is ! I do however have 15 years experience in Forensic Money Laundering and banking structure regulations and procedures so your attempt to 'patronise ' me is hugely self serving arrogance and surely not what other people expect from a site like this. It does appear that this site, from this first encounter , is nothing more than idle opinion such as yours and a platform for mediocre insult

Simply, because you have paid money to become a 'VIP' member does not entitle you to be rude or condescending. If you are unable to alter your attitude or offer a constructive conversation I suggest you don't reply any further WOMBAT !

[Wombats]

Re: Regulated Conditional Sale...faulty goods

Well, firstly it is STEVEN (pay attention) and I have no idea what 'FOTL stuff' is ! I do however have 15 years experience in Forensic Money Laundering and banking structure regulations and procedures so your attempt to 'patronise ' me is hugely self serving arrogance and surely not what other people expect from a site like this. It does appear that this site, from this first encounter , is nothing more than idle opinion such as yours and a platform for mediocre insult

Simply, because you have paid money to become a 'VIP' member does not entitle you to be rude or condescending. If you are unable to alter your attitude or offer a constructive conversation I suggest you don't reply any further WOMBAT !

My comment was not intended to be either rude or condescending, nor was I in any way trying to patronise you so I'm happy to apologise if it came across as such. VIP is nothing but a title which anyone can pay to get access to further areas of the site, it is in no way a sign of seniority. The site marks experience, not rank, save for Site Team and Site Admin.

If you are unhappy with posts (such as mine above), you can always report it to the site team by pressing the triangle with the exclamation mark at the bottom left of each post. This is probably more purposeful than arguing on forum.

For the record I did, "offer a constructive conversation" as I asked clearly if you wanted a sensible reply to your first post.

[StevenJames]

Re: Regulated Conditional Sale...faulty goods

Presumptious statements as per your original retort is manifestly rude and puts other people off understanding conversations in the main. So far, you have offered nothing of value to my original thread and as such you display nothing more than the 'personality' of a troll !! I have no intention of continuing with this site as , you alone, have proven it is neither professional or based in any 'legal' bias. Well done. Next time you can leave out your emotional twaddle and mediocre opinions.Your attention to detail is useless.

[des8]

Re: Regulated Conditional Sale...faulty goods

Oh dear, pots & kettles come to mind

[StevenJames]

Re: Regulated Conditional Sale...faulty goods

yes, I can see mediocre minds are plentiful here.....I thought this was a professional site...not a gossip site for bored retirees and housewives

[Wombats]

Re: Regulated Conditional Sale...faulty goods

Presumptious statements as per your original retort is manifestly rude and puts other people off understanding conversations in the main. So far, you have offered nothing of value to my original thread and as such you display nothing more than the 'personality' of a troll !! I have no intention of continuing with this site as , you alone, have proven it is neither professional or based in any 'legal' bias. Well done. Next time you can leave out your emotional twaddle and mediocre opinions.Your attention to detail is useless.

Gosh - well, as it seems one comment makes you inconsolable, please switch off the lights and close the door on the way out. :deadhorse:

[wales01man]

Re: Regulated Conditional Sale...faulty goods

Grow up Mr James you answered once and got a reply no need to carry it on .
This site always has plenty of disagreements amongst members very few get aggressive .
If you feel its a site for Retirees and housewifes and is not to your likng go somewhere else Please

[Guest]

Re: Regulated Conditional Sale...faulty goods

Yes Wombats, "retirees and housewives" , which are you and what are you thinking daring to comment.

The retired should know there place after all, as should housewives come to that. Dammed cheek.

[Amethyst]

Re: Regulated Conditional Sale...faulty goods

Blimey guys. Chill.


Steven - apologies your first post yesterday got overlooked.

I have a Regulated Conditional Sale agreement on a car plated 2012.
It has 38k on the clock.
No payments have been missed and I have had the car for 12 months as from Nov 2013. The contract states the car can be returned when half the total outstanding has been reached.
Since I have had the car it has been into Vauxhall's 6 times for engine management light. a faulty spark plug, a new power pack, and a fuel purge valve. All problems occurred after a six month period. I intend to return the car if another problem arises whereby I shall claim a long term right to reject based on all these problems which have been recorded by Vauxhall's and myself.
I have informed the lender at every stage and requested their help in resolving these ongoing problems, to no avail !
As there seems to be numerous issues with the car, not one fault reoccurring, I consider this a strong case for the return of the vehicle, and the cancellation of the contract relieving me of liability and also a part refund based on the goods not being fit for purpose.
After the next issue(should there be one) I shall give them the ten day period to collect the car and stop payments immediately.

It is my understanding that there has been a breach of contract (re faulty goods) and he contract is void from the outset and liability would cease from that point of me informing them of my intention to return the car to the lender.

You have done the right thing in keeping the finance company informed as you deal with the complaints about the vehicle.

Where did you purchase the car from ?
who is the finance company ?
Has the trader organised the repairs done so far on the vehicle ?

[Wombats]

Re: Regulated Conditional Sale...faulty goods

It wasn't overlooked Ame. He was offered a sensible reply, but took to attack rather than defence.

We're ALL always happy to help anyone though, so he should not be wary of returning for help. :beagle:

[des8]

Re: Regulated Conditional Sale...faulty goods

So you want to reject the vehicle as unfit for purpose after running it for 6 months without problems.
The matters you raise are not IMO serious enough for you to reject on basis"unfit for purpose"
So it was in 6 times because a warning light came on. What was/were the code(s)?
What mileage did you do in that 6 months?
A spark plug failed.... consumables I replace every 10000 miles anyway.
Power packs generally last the life time of the car, unless the insulation breaks down/is damaged or here is water damage. Rarely do the coils breakdown. Replacement cost £50? for a Corsa or £115 for an Omega
Fuel purge valve £15 to £25 depending on model.

IMO these "problems" are not unexpected on a used car with 38000miles on the clock, and are of a minor nature and after an initial 6 months usage without problems your rejection is unlikely to be accepted.