Direct Car Sales & Finance NE Ltd (DCSF)/HP with First Response - Reject Vehicle under Consumer Rights Act **WON**

[Lamplighter_UK]

Hi there

I'm looking for some advice / further support to get this over the line, please.

Basic facts:
bought a low mileage used car (38k miles, 2013 plate) via hire-purchase finance in Sept 2020 (8 months ago), car had a brief loss of power on the pre-purchase test drive, mentioned it to the dealer's rep in the car, but didn't happen again and they said if there was any fault it would be covered by warranty

 

yellow EMS light came on 3 days after buying and taking possession, told dealer, but with garages closing due to COVID, they said it was a warranty issue but would be safe to drive in the meantime, loss of power issue kept happening, seemingly more so, and on a couple of occasions dangerously when pulling out of junctions and entering roundabouts.

called dealer in Feb and told them it was dangerous, they agreed, said to take it to the main dealer, then another of their staff called and instead said they'd collect with a low loader, dealer returned car a few days later "as sweet as a nut" and with EMS light extinguished, fault returned the following day, took it into their garage, where the mechanic admitted they'd done nothing previously other than clear the faults, 

 

checked MOT history to discover car had done only 350 miles in two years before I bought it, no MOT in 2019, and had failed MOT in 2020 with EMS light before achieving a test pass

having taken advice, decided to Reject the vehicle under CRA 2015 and wrote to finance company citing pre-existing power loss fault and that dealer had chance to remedy but failed, finance company asked for independent review, suggested the good garage scheme, but I thought better to go to the main dealer, so took there and got them to look

they found that the engine had been changed, and thrown in with pipes and cables loose and routed incorrectly, and various bits missing, they believed the power issue is due to the EGR valve, but said there could be any number of faults and gave me a report and video evidence,  I provided this to the finance company, and said there was no mention of a changed engine in this car, and this was obviously a pre-existing situation.

So to present day

a different chap in the finance company has called me and said they now want to get their own independent evaluation including whether the fault was pre-existing, via a company called Scotia.  I queried how they would know this beyond any of the evidence I've given them already.  I've also looked them up online, and they have a load of reviews stating they're "bent" and provide excuses for reports that favour the dealer/finance company.

I've spoken to a friend in the trade, he's said the finance company are trying it on, I've got clear rights and evidence, and I should just simplify everything and reiterate that I'm rejecting the vehicle and let them resolve it with the dealer.

I'm also concerned that the finance company have told me not to drive the car, which I said I was prepared to do if I could also stop paying their finance, cancel my insurance and declare the car SORN, and instead spend this money on hiring a car.  They said that wasn't possible, as I was contracted under the finance agreement.  I can't afford to do both! 

 

I've been driving the car with incredible care not to pull out in front of anything, but I just want shot of it.  I have a feeling this is set to drag on, if it has to go to the ombudsman, they are quoting a 4-month delay before they even open a case.

My objective is to reject the car. 

I'm not interested in some sort of repair now that I have the dealer's feedback that the engine was changed, it's been bodged in, and there are a catalogue of issues just waiting to appear.  The finance is not cheap, and the car that I thought was a good deal is actually a huge liability. 

 

How should I proceed to best effect?

Cheers in advance.

[dx100uk]

you formerly reject the car under CRA short term right to reject to the dealer by letter.

you started this within the 30 days limit, so they can't argue. there is no quibble under cra.

 

formerly reject the finance the same under the agreements 14 day cancellation rule of the consumer credit act.

 

you should have done both of these months ago. the fact you haven't is of no real consequence now as there is good evidence the fault was reported within the 30 days under CRA .

 

cancel the DD , go ring your bank and do a DD guarantee clawback of the premiums paid to date.

 

if you have the V5C in your name, tear off the green slip, fill it out leave it in the car with everything you got with it like the keys etc

drive it to the dealership leave it on their forecourt , lock it up. put the keys and the green slip in an envelope and hand it in at reception along with you letter exercising your CRA right to reject.

 

fill out the V5C with their details and post it off to the DVLA.

[Lamplighter_UK]

Thanks dx100uk for your reply.

 

I'm confused about the "you started this within the 30 days limit" comment. 

 

Whilst I notified them within days of the purchase about the EMS light coming on and a repeat of the power loss issue observed in the test drive (hence pre-existing), coupled with a visit to their dealership and also confirmed by email, nevertheless I didn't write a CRA rejection letter until April, being 7 months after the point of sale. 

 

I thought the legal obligation was therefore on me to provide proof, given the time elapsed, and it wasn't so simple as just returning the goods and clawing back the DD payments (also I would want my cash deposit).

 

Have I misunderstood, or perhaps my first message wasn't sufficiently clear? (I note it deleted my bullets!)

 

Edit: also my CRA Right to Reject letter was addressed to the Finance Company (owner of the car) - I have not formally written to the dealer.  Again, I thought this was the appropriate process, but maybe I'm mistaken?

 

Cheers

[dx100uk]

i tidied your 1st post into sentences as it was none easy to understand.

 

forget everything that should or didn't happen to date, the very fact that you alerted the dealership of a very serious and dangerous issue within 30 days, meets the requirement for you to exercise your short term right to reject . this always against the retailer who SOLD you the car , (name them please) ,they are your target not the finance company.

 

it matters not that to date that it's not been correctly exercised, you can now, you and they have plenty of evidence of the fault existing within 30days. unfit for purpose. not your problem to prove or disprove anything. 

 

IMHO you are very lucky this issue has exposed the fact it's a PUP 

 

i'm sure @bankfodder will pop in, who is far more experienced in the 'finitises'  of these things...but in this instance i think we can dump the baby back in the bath as i detailed in my 1st post , stuff 'em. it's a method i've been researching on recently acquired cars financed by HP for a while and i can't find a big serious hole in trying it out. it puts everyone in a nicely nailed box and give the victim total control moving forward. 

 

as for you deposit,...was that paid by debit card? not cash? 

 

 

 

[BankFodder]

It would help if you could start off by giving a bullet pointed chronology.

You haven't explained the date that you bought the car, the date that you discovered the faults or the date that you apparently served them with notice of rejection.

Also, please can you post up here a copy of what you sent them purporting to be a notice of rejection.

You can be absolutely certain that everybody you are dealing with will do their best to try and deny responsibility and I'm quite sure that you are right that the people who are going to carry out any inspection will have the same agenda. However, I'm afraid you can't second guess them and you must cooperate in every way possible and make the car available for inspection.

Of course this doesn't prevent you arranging your own independent inspections and you may need to do that.

I absolutely agree with my site team colleague – why on earth did you you allow this to go on for so long when it seems that you may have been aware of your consumer rights act rights at the outset.

The second question which hasn't been asked is that you've been a member of here since 2009 so why have you left it until now to come here? You jeopardise your position by not acting quickly – and it may be that your delay and your continuing discussions and the fact that you have continued to drive the vehicle may have vitiated the rejection which you originally served them with.

I think you need to start taking control of this and stop mucking around.

Please post the information I've asked

 

[Lamplighter_UK]

Thanks both for your feedback.

 

Deposit payments were made to the dealer through debit card, and thereafter monthly by direct debit to the finance company.

 

The reasons for the delay were (1) a (misguided) belief in the dealer's undertaking to resolve the issue under warranty, and (2) workshops being close due to COVID lockdown.

 

The narrative in the letter attached should fill in the gaps in detail.

 

The finance company response requesting an independent evaluation is what prompted the main dealer inspection, which revealed the changed engine - I didn't know this at time of writing the rejection letter, but (1) it further indicates the problems existed pre-sale, and (2) it satisfies me that a warranty fix is not the desired outcome.

210408 xxxxxxx rejection letter [redacted].pdf

[dx100uk]

so you can do a chargeback to your bank for the deposit.

 

dd guarantee reclaim for the months paid to date as i said and the rest above.

 

it this on your credit file?

 

dx

[dx100uk]

and?

[Lamplighter_UK]

Hi dx100uk

 

Thanks for asking!

 

As per original post, the main dealer had identified serious issues in the vehicle.  Scotia, on behalf of the finance company, then sent an engineer to undertake an independent assessment.  As mentioned, I had read some very questionable uncomplimentary feedback online about this company.

 

However, couldn't be more wrong.  The Scotia chap had already seen the dealer video, and validated the issues with his own eyes.  I demonstrated the power-loss fault in the driveway, and he agreed probably safer not to take the vehicle for a confirmatory drive.  He concluded that these issues had not occurred in the 6 months / 800 miles that I'd had the vehicle, therefore must have been pre-existing, supported by the failed MOT just prior to point of sale.

 

He tendered a supportive report back to the finance company.

 

Net result, the vendor collected the vehicle, and I received all of my money back except for one monthly instalment against the sub-1,000 miles usage on the car.

 

Actually, I now have a replacement vehicle with the same finance company (but from a different dealer!) - and this time, I've taken it for a main-dealer health check in the first week!