WWW.247MONEY.COM Finance - Serious fault with used car after only 3 months of ownership

[BankFodder]

How much did you pay for the car?
Who are the dealers?
And as you have already been asked – who is the finance company?

Yes you should certainly stand on your rights under the consumer rights act but we need a bit more detail

[BankFodder]

The fact that 

247money.com

WWW.247MONEY.COM

 deal with people who have poor or negative credit records doesn't bode well.

You are wrong not to name the dealer. It will help others and you might find out more about how this dealer works if other people who might have been similarly affected find that this is being discussed on the Internet.
I notice that you have already contacted the dealer about this last week and you had no reply. I would have thought that a really good dealer with a proper customer-facing approach would have responded immediately. And yet you are already shielding them.

You should start off by writing to the finance company and copy to the dealer and put them on notice that the car that they sold you three months ago has started to demonstrate a serious defect and therefore it is clearly not of satisfactory quality and even if it was satisfactory quality at the time of sale it has not remained in that condition for a reasonable period of time.

Therefore as you are within six months of the date of purchase, you are asserting your rights under the Consumer Rights Act 2015 and you are providing them with a single opportunity to repair the vehicle failing which you will want a full refund.
Inform also that if you incur any ancillary losses you will be looking for them to reimburse you those as well.

 

Point out that you have sent a copy of the letter to the dealership and you require them to enter into discussions with each other to discuss whether or not they going to repair the vehicle, or declined to repair it in which case you want to know what arrangements will be made to refund you your money and to remove the vehicle from your property.

This may seem like a very strident tone to take in a first letter but I think you need to make your position clear and they need to understand from the outset that you won't accept any nonsense and that you have taken control of the problem and you will not cede control to them.

If you want you can post up a copy of the letter that you are going to sent here so we can check it.

Send the letter by email and also by recorded delivery to both parties

 

[BankFodder]

Incidentally, once you have sent this letter if you don't get a response within seven days then come back here because we will then help you ramp it up – and maybe by that time you'll be prepared to tell us who the dealer is

[BankFodder]

It would certainly be a good idea to get an independent assessment so that you have got some solid evidence in case the dealership causes problems as you are suggesting.
Also you should ascertain a timescale for addressing this problem.

I would suggest that you write to the finance company and copy to the dealership, tell them what is your maximum acceptable timescale for the repair of the problem and the return of the car to you. I think 10 days more than adequate – but it's up to you.

Also let them know that once the car has been returned to you you will be taking it for an independent assessment in order to gauge the quality of the work. Also you will be asking for a detailed explanation of the work which has been carried out and the parts which have been used.

[BankFodder]

I think you are completely right.

 

They should be doing it and you are absolutely correct to give them a two week deadline.

 

That is more than reasonable

[BankFodder]

Don't cancel the direct debit. One thing these people will do is that they will launch into debt collection mode and smash up your credit file and blight your financial life for six years and although they will be in the wrong, it will be difficult to undo.

Let them take the money back in your letter of claim make it clear to them that any money they take is part of the dispute and you will be recovering it plus interest.

[BankFodder]

Do you mean to say that you haven't already rejected the vehicle? Have you not written to them and assert your rights under the consumer rights act and given them a single opportunity to repair failing which the vehicle is rejected?

[BankFodder]

You want to demonstrate reasonableness – sorry but that will simply be taken for weakness and also it will be taken advantage of.

You should have had the letter of rejection in by now – much earlier and it might have given them pause for thought.

You not helping yourself – especially when you come here for advice and we give you advice and then you go your own way.

Reasonableness or unreasonableness is not something that is contemplated in the consumer rights act. Nor is it contemplated in the consumer credit act.

I simply suggest that you follow our advice and send the letter which should be that you are asserting your right under the consumer rights act and you are giving them a single opportunity to repair and if they fail to do so or if they declined then you are rejecting the vehicle.

I hope you can see that you have had to go back a step because you haven't actually stated that under the consumer rights act you are giving them an opportunity to repair.

If you've got their email address then if I were you I'd send it off straight away now. Why bother to wait till tomorrow – which is a bank holiday anyway.

Once you have got them to accept that the contract is void, then yes, the hire purchase agreement will be voided as well – except that deductions will be made because of the use that you have had of the vehicle – which is six months use so far.  If you had sent the letter in November then it would only be four months – and you would have saved yourself two months money.
It's not relevant that the car has been off the road – I'm afraid that that will be seen as your choice – which of course it was.

 

[BankFodder]

Okay I hadn't understood – but the right to reject was available to you simply accompanied by an invitation to them to attempt a repair.

In that case you should send them a letter now confirming that they've had the chance, they have either failed or declined a repair and you are now rejecting the vehicle.

If you are prepared to bring a legal action then frankly I would put it all into a letter of claim and give them 14 days. However, you should stick by your deadline and I think that you've done enough fairness and reasonableness now.
If you are happy with this approach then post up a draft letter of claim so we can have a look. Keep it scant.

Open an account with the County Court money claim website and start preparing your claim and post your draft particulars here.

And presumably you still want to protect the dealer

[BankFodder]

You might also want to look at the COBS rules. The finance company has a statutory duty to treat you fairly and it seems they aren't doing that.

I think it will add a little edge to your letter of claim if you also say that you are going to sue them for breach of statutory duty – breach of their obligations under FCA rules.
They won't like that.
They may even feel that you aren't acting fairly or reasonably.

[BankFodder]

I don't think there is any further advice we can give you.

You came here and gave a certain facts and we gave you certain advice.

You appear to have gone your own way anyway and now that you've opened up a dispute with the FOS, then I suppose you should wait for the outcome of their investigation – although you aren't bound to but it will certainly take quite a long time.
Glad to see that you are still protecting the reputation of the dealer. I'm sure they admire the loyalty.

I actually went and told the dealer that you were refusing to disclose identity on this forum and they laughed.