1st stop car finance, failure to reject a car under consumer rights act 2015

[stuckinarut11]

Is anyone able to confirm the termination rights under the Consumer credit act.

 

The FOS Have decided that they will not be telling the finance company to return the car

 

"With regards to me not recommending that 1st Stop arrange for the car to be returned to you, I can understand your thought process for your previous rejections of the car not being something that 1st Stop can rely on. However 1st Stop is within its rights as a company to decide who it wants to do business with, and I don’t necessarily believe that it has a legal requirement to do so."

 

Is someone able to refer me to such legislation.

 

This decision was made by an adjucator and I have escalated to the ombudsman

[stuckinarut11]

Is anyone able to confirm the termination rights under the consumer crediticon act.

 

The FOS have supported the finance company in unwinding the deal some 6 weeks into the agreement.

 

 

Initially due to issues with the car which have since been repaired

 

 

I did attempt to reject the car this was declined.

 

 

a month later when the finance company feel they took my car from the garage.

 

"With regards to me not recommending that 1st Stop arrange for the car to be returned to you,

I can understand your thought process for your previous rejections of the car

not being something that 1st Stop can rely on.

 

 

However 1st Stop is within its rights as a company to decide who it wants to do business with,

and I don’t necessarily believe that it has a legal requirement to do so."

 

Is someone able to refer me to such legislation.

 

This decision was made by an adjucator and I have escalated to the Ombudsmanicon

 

While I do have another thread

the events have changed paths

and this is not relevant to the initial topic in other thread

[Peterbard]

If the agreement was terminated on the earlier occasion you will not be able to rely on it to protect the car from repossession. They would, however, have to give 14 days notice.

[dx100uk]

but for ref:

the full story is here:

http://www.consumeractiongroup.co.uk/forum/showthread.php?461757-1st-stop-car-finance-failure-to-reject-a-car-under-consumer-rights-act-2015

[stuckinarut11]

No 14 days notice has been given the car is being held in the garage on the instruction of the lender.

 

The rejection was formally refused so holds no merit or reason for the termination the FOS AGREED on this point.

 

However it reminds the FOS have confirmed that as the business no longer wish to do business with me they are under no legal obligation to do so. The car will not be returned. This is a consumer credit regulated agreement and I'm baffled.

 

They have offered me a without prejudice £200 quid if I post the logbook with my name to them again supported by the FOS

[Peterbard]

I will have to read your thread, I am not really sure what has gone on, the lender does not have to agree on a termination, any party can terminate the hire contract

 

Did the FOS give you a written decision ?.

[stuckinarut11]

I will have to read your thread, I am not really sure what has gone on, the lender does not have to agree on a termination, any party can terminate the hire contract

 

Did the FOS give you a written decision ?.

 

Thank you for waiting while I’ve been looking your complaint. I’ve considered everything that you and 1st Stop Car Finance Ltd have sent me. However I won’t be asking them to do anything more, which means regretfully I won’t be asking them to arrange for the car you agreed to purchase to be returned to you.

 

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I know this isn’t the answer you were hoping for. But I’ve explained below why I think this is the right outcome – taking into account everything that’s happened.

 

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Your complaint relates to a car that you purchased from Trade Centre Wales (TWC), which was financed through 1st Stop Car Finance Ltd.

 

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You’ve told us the car was returned as there were a number of faults. The ABS, traction, and handbrake light were illuminated, and there was a loud clicking noise in engine when car running idle. You’ve also mentioned that you reported issues with the brakes, however you believed this was linked to the traction light.

 

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In your letter to the Financial Ombudsman Service you’ve explained that the car was returned on 9 March and an email to allow 14 days for repair or rejection under the consumer rights act 2015. You letter goes onto mention a 21 March rejection letter and letter before action served to 1st Stop, but the rejection being refused as a part was on back order with the dealer. You’ve explained that you confirmed this yourself with Toyota.

 

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You’ve then explained that on 4 April there was a notification of complete repair and on 5 April Automotive Consulting Engineers LTD conducted an expert independent report paid for by 1st Stop on your request to accept the car.

 

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The car was delivered to your home address on 6 April but you were not in to accept collection, and on the same day you mention a vehicle inspection report supplied by 1st Stop. And this report identified a fault relating

 

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An issue that you’ve raised is one concerning a safety sensor on the car that you were led to believe had been replaced. Which you say it transpired that it hadn’t been replaced.* The engineer’s report from Automotive Consulting Engineers LTD does refer diagnostic equipment revealing a fault code relating to the steering angle sensor. *You’ve suggested that 1st Stop were prepared to compromise with your safety.

 

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More recently you’ve raised an issue over your credit file being affected by searches carried out by 1st Stop.

 

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With regards to me not recommending that 1st Stop arrange for the car to be returned to you,###@@@ I can understand your thought process for your previous rejections of the car not being something that 1st Stop can rely on. However 1st Stop is within its rights as a company to decide who it wants to do business with, and I don’t necessarily believe that it has a legal requirement to do so.###@@@

 

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Based on what 1st Stop has said you’ve not paid a deposit for the vehicle or any finance payments. If this isn’t the case and you can provide evidence to show that a payments been made, I’m happy to look into this issue further. As I know from your correspondence to 1st Stop reference has been made to your request for the first payment to it being returned. This doesn’t necessarily mean that I’d change my opinion that 1st Stop doesn’t have to arrange for the car to be returned, but may have a bearing on the return of any funds you can demonstrate you’ve paid towards the car.

 

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With regards to the issue over the sensor on the vehicle, and you’re believe that 1st Stop were prepared to compromise with your safety, thankfully no incident happened as a result of this, but I don’t have any evidence that the issue with the sensor could’ve potentially caused an incident in which your safety would have been compromised. So I can’t make any recommendation of compensation for this.

 

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Turning to the issue with your credit file being affected by searches carried out by 1st Stop, I’ve contacted them regarding this. The response that I’ve received is that you’ve recently applied to Evolution Funding for another car loan. And there are a broker and use a panel of lenders, one of which is 1st Stop. You’ve subsequently been searched by Callcredit and Equifax by 1st Stop.

 

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This is the response that I’ve received and obviously as this is the first time you would have seen this response, you can come back to me if there’s anything you want to add on this point.

 

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1st Stop has made an offer to you to reimburse you for some costs you’ve referred to incurring with switching insurance, if you can provide receipts of this. And as a gesture of goodwill it’s offered to give you £200, but it’s a condition of their offer that you return the V5 document for the vehicle that you have.* I don’t think these were unreasonable offers.

 

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I would add that given the circumstances of this complaint and the timeframes involved, and the issues with parts being on back order, had no offer of monetary compensation I’m not sure that I would’ve recommended monetary compensation.

 

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If you don’t want to take your complaint further, you don’t need to reply.

 

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But if you don’t agree with what I’ve said, please let me know why by 26 April 2016. I’ll look at any new information you give me and let you know what I think.

 

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If we don’t hear from you by 26 April 2016, we might not be able to look at your complaint again. So if you want to reply but you think you’ll need longer, please tell me as soon as possible.*

 

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In every case, both the business and their customer can ask an ombudsman to make a final decision. But I think it’s unlikely the outcome would be different – unless there’s any important information that you haven’t already given us.*

 

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If you have any questions, please get in touch.

 

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Regards

 

The FOS AGREE that the rejection can not be taken as termination.

 

At seems that due to no deposit being paid the FOS claim I have no consumer rights.

 

Email from lender 7th April however the declined to return the car on the 8th.

 

we are not in a position as the Lender to offer any warranty this request is declined. However, this does not affect your statutory rights as per your terms and conditions.

 

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We are prepared to offer £200.00 as a goodwill gesture and for you to contact Trade Centre to arrange a convenient time to return the vehicle to continue the agreement with payments commencing 1st May 2016. This is our final offer.

 

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If you are prepared to accept this, as previously offered then please confirm by e mail. I shall in turn request that the Trace Centre contact you to arrange delivery of the vehicle.

 

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Alternatively you can reject the vehicle.

 

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Regards

[Peterbard]

It seems that the contract was rescinded(Futuro)

 

Oh and rejection of a vehicle under finance automatically terminates the accompanying finance/hire agreement

[stuckinarut11]

The rejection was denied and the FOS have agreed on this point.

 

I can understand your thought process for your previous rejections of the car not being something that 1st Stop can rely on. However 1st Stop is within its rights as a company to decide who it wants to do business with, and I don’t necessarily believe that it has a legal requirement to do so

 

It only only since I raised the fact they had lied about a sensor being replaced has their position changed. It was only by contacting the FOS that information was forthcoming.

 

If the rejection was accepted I'd appreciate the situation however it was declined and then suddenly the lender decides no more and ends the agreement ......

[Peterbard]

He says,he understands your thought process, not that he agrees with you.

 

This is a hp agreemenr.the goods are you on hire. If you return the goods the agreement cannot function. Not that you may not still be liable for the sums due under the contract.

In this case, the agreement was just rescinded, as said it is a legitimate equitable remedy and places no fault on either party.

 

It seems the officer found you had lost cause confidence in them and they certainly returned the sentiment. It was a new contract with little or no liability under it. So to me it seems like a good equitable remedy.

[stuckinarut11]

This matter has been resolved.

 

A settlement agreement was agreed with the lender.

 

I think they realised I was not going away