Car recently purchased on finance. Black Horse trying to wriggle out of obligations

[robster234]

Hi,

 

Hoping that someone can help me here.  I recently (just under 3 months ago) purchased a car, rather than retell the whole story I will post the letter I sent to the dealer and Finance company below (this was sent 25th September):

 

"On 12 August 2019 I took delivery of an Infiniti Q50 reg no. R*16 ***. The finance for this vehicle was
aranged by yourselves using BlackHorse finance (agreement number **********).

Before I collected the vehicle, collection was delayed by several days because you yourselves had
caused bodywork damage to the vehicle between my initial payment of a deposit and the agreed
collection date; which you undertook to repair before I collected the vehicle.

On the 15th August I notified you that the vehicle right hand rear door lock would not lock leaving the
vehicle insecure. This was finally resolved (with me doing all the organising and purchasing the part
myself, on 31st August) for which I received reimbersment from yourselves for the part sometime later
(you paid the garage labour direct).

Since this time a number of faults have arisen the most serious meaning that the car is now not safely
driveable or repairable in a reasonable manner.

Faults now found:
· Paintwork - areas of the repair now show laquer 'bloom' (white areas in the clear coat), this is
consistant with incorrect paint application - normally in damp conditions.

· Front tyres - I have had to replace these, one had a slow puncture, one had a screw in it. I
replaced these without quibble however I have since discovered that actually the car should be
fitted with run flat tyres as original equipment, the car actually came with 'normal' tyres (non
runflat). This is a safety issue.

· Tyre pressure warning - I informed the salesperson when I test drove the car before buying that
the tyre pressure warning was illuminated. I was told this would be resolved. The light came on
within 5 minutes of leaving your premises on 12th August. I found that it was the nearside front
tyre that was low on pressure. This turned out to be a slow puncture so the car was sold with this
as a known fault and not resolved (see above).

· Front RHS wheel bearing, has failed, noisy and rough and now means the car is unsafe to
drive as it could sieze at any moment. Any garage that I contact to repair this can not get the
part so at present the car is not repairable and not useable. I have had to hire a car so that
I can drive to and from work.

· No garages that I contact can obtain parts - therefore unless I obtain parts direct from Infiniti
myself or take the car to an Infinti dealer (nearest 80+ miles away and a day off work) I can not
get the car repaired. I told your sales advisor when I initially viewed the car that I would be
covering a lot of mileage in my commute and the car must be reliable - obviously if I can not get
the car repaired this is a major issue.

I have covered 2500 miles since purchasing the vehicle, it is obvious from the above that the level of

issues is not acceptable to a reasonable person when considering the purchase price of the vehicle
which was £11198 which was inline with market value.

As the initial problem was reported to you within 3 days of purchase and not fixed until 24 days ago and I
am now reporting more serious faults within a further 24 days this counts as within the 30 day rejection
period (as I believe the period is stopped between notification and repair taking place), 24+3 = 27 days

and therefore I am exercising my short term right to reject as per the Consumer Rights Act 2015.

I request that you cancel the finance on the vehicle, collect the vehicle and reimberse me for finance
payments made and my deposit, note that this will still leave me significantly out of pocket and I will be
seeking to recover other costs as yet unquantified.

I expect to hear from you to confirm that you have received this letter so that you can arange refund and
collection of the vehicle within 10 working days. I will also be sending this letter by post. Please note
that I consider this notice as served on the 25th September."

 

Since I sent this letter the dealer told me to deal direct with the finance company.  As I couldn't continue renting a car with no knowledge if I would be reimbursed I undertook to have the wheel bearing replaced at my own cost.  Last week the finance company sent an independent inspector out to look at the paintwork.

 

Today I have heard from the finance company.  They have:

 

Agreed that the wheel bearing should not have failed and have offered to pay me for the parts, labour, hire car and a £150 amount as a good will gesture,

 

Stated that they will not reimburse me any amount for the front tyres as I can not prove these were faulty (although why would I have replaced otherwise)

 

Stated that they will not undertake to get the paintwork sorted out. 

They stated to me that by signing the credit (HP) agreement that I had accepted the paintwork and that the defects would be obvious had I inspected. 

 

I stated back that

1. I wasn't given the opportunity to inspect. 

 

2.  Their (HP company) inspector had to use a bright lamp to see the defects as it was a cloudy day (the day when I collected the car was cloudy, plus the car was in an undercover car park) so I wouldn't have seen anyway - it is mostly visable in direct sunlight. 

 

3. That I am not a bodywork inspector, nor should I have to inspect bodywork repairs carried out by "professionals".

 

Stated that the fact I can not get the car repaired easily is my problem and I should have done my own research. 

 

I stated that I told the dealer I needed the car to be reliable. 

Finance company was not interested. 

Their own terms and conditions state that the car must be kept in good working order

- I can not comply with this if I can't get the car repaired.

 

The call ended with the finance company stating that I could take the money in "full and final settlement" or leave it but they would do no more. 

 

I stated to them that they were trying to undermine my statutory rights, that there are defects from day 1 which have not been corrected and I did not accept their findings. 

I have told them to put their findings in writing to me as I will need it for any legal action.

 

I would welcome people's thoughts. 

Surely the paintwork issue at the very least is for them to sort out?

 

Thanks

 

[dx100uk]

so bar the paintwork issue, things are now, for want of a better word sorted?

and bar the above, would you be happy to accept their proposals?

 

we'll deal with the paintwork in a bit...

 

 

 

[robster234]

Hi,

 

Yes with the exception of the paintwork and the fact that it is proving difficult to get the car repaired - the manufacturer is pulling out of Europe in March next year.

 

Thanks

[dx100uk]

what about the outstanding hire car charges, these are surely all as a result of not being able to use the car?

 

IMHO you have a good case.

[robster234]

They have agreed to pay the hire car charges.

 

I had to get my car repaired as they would not guarantee that they would pay for a hire car and the dealer did not offer a courtesy car (or even to fix my car).

 

I stated to the finance co that I was getting my car repaired but without prejudice.  I have this in an email

 

Thanks