Car Faulty At Time Of Purchase/ Finance chasing me/ I'm not the registered keeper!!!!

[RyanJackson88]

Hello all.

 

This is complicated but advice would be helpful and most appreciated.

 

Last June I purchased a car on finance from a garage.

 

3 weeks in I noticed it was having real problems braking.

 

I rung the garage where I purchased the vehicle from and

 

they told me to bring it in and they would fix the brakes which they said sounded worn down.

They conceeded they should have checked these at time of purchase.

 

On my way to the garage I was involved in an accident.

 

I was unable to stop due to the brakes,

skidded on the watery surface

hit a central reservation and

a car ploughed into my drivers side.

The car was drivable but considered a write off.

 

When I called my insurance it seemed I only had third party and not fully comp (I was sure I had had fully comp but no).

 

My insurance lost out in the claim against the person that hit me.

 

The garage then refused to fix the brakes.

 

A portable mechanic came out and inspected the vehicle stating the brakes were worn down and tyres cracked.

 

As my HP was with the finance company and not the garage

I was told to make a complaint through FOS against finance company.

 

I did this but they could not rule against the finance company because the report on the vehicle I obtained needed to be done through aa.

 

I stated to finance company I would not be paying for another report they should.

 

It has now been 1 year!

 

No report came from the finance company,

 

the garage I purchased the car from has gone bust.

 

The car has been sitting at my office not in use and in poor condition.

 

I have now received a letter from the finance company requesting full payment of £5600 in 14 days

or they will begin legal proceedings against me.

 

I have now found out through the DVLA i am not even the registered keeper of the vehicle and never was!

 

What are my options or legal rights here?

 

All the best

 

K

[BankFodder]

I expect that you can hold the finance company liable.

 

Here is a straightforward explanation as to how it works

- http://www.financial-ombudsman.org.uk/publications/technical_notes/goods-and-services-bought-with-credit.html#2a

 

Who said that the report needs to be done through the AA?

 

Frankly I think that any report from a qualified expert would suffice.

 

However, it would probably be necessary for you to commission the report and to claim the cost back if it supported your argument.

 

I don't think that you have helped yourself at all by refusing to pay for the report.

 

Get the report and then make your complaint.

 

The delay won't have helped you either

[RyanJackson88]

Hello

 

Thank you for the response.

 

Yes this is what I thought have the FOS didn't seem to think the finance company could be held responsible due to the fact it was too difficult to prove the car breaks were faulty at time of purchase.

 

I paid for the initial report but the FOS said there would need to be something more official from an AA inspector. I stated I did not think it fair for me to pay for this having already paid for one. The finance company then offered and despite me acepting never arranged such an inspection.

 

What do you do when the FOS tells you they cannot uphold your complaint?

 

I have been advised that i am not liable for the vehicle or the loan as I am not the registered keeper of the vehicle. I''m not really sure how this even happened?

 

K

[Conniff]

It should still be on the books of the inspecting garage.

 

If it was a credible VAT registered garage,

 

then get the report you have already paid for on proper company headed paper and send that to them.

[RyanJackson88]

Hi there

 

Called the garage this morning and they said they don't have any of this?

 

If the car isn't even registered to me is it not true it is not my responsibility?

 

K

[Conniff]

Did you send in the change of registered keeper to the DVLA ?

[Conniff]

Hi there

 

Called the garage this morning and they said they don't have any of this?

 

If the car isn't even registered to me is it not true it is not my responsibility?

 

K

 

 

He has to keep records by law, maybe the tax office should be informed.

[RyanJackson88]

I believe I did yes.

 

I filled everything out at the garage and they said they would send everything on.

 

Another strange element is when I purchased the vehicle the last register keeper was not the garage where I purchased the vehicle but a random previous owner.

 

Could the garage not have send their part on?