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

[MRMH01]

13 minutes ago, BankFodder said:

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.
 

The dealership was “Used Cars of Somerset”, if you check out their Google Reviews, I’ve left a review with pictures and videos of the defects on the vehicle. 

[MRMH01]

Could anyone here give me a quick run down of what this term means in the Consumer Credit Agreement;

 

”…We give to you the terms implied by Section 8 of the Supply of Goods (Implied Terms) Act 1973 as to title and the terms implied by
the Consumer Rights Act 2015 as to correspondence with description and sample, satisfactory quality and fitness for purpose.”

 

I’m not familiar with the “Supply of Goods (Implied Terms) Act 1973”.

 

Many thanks!

[dx100uk]

Open

[MRMH01]

Hello, hope you’re all well.

 

Just an update. 

 

• We still have the vehicle, the agreement hasn’t been defaulted or terminated yet (even though we’ve not made any payments since January). 

 

• After a lot of back and forth, the finance company agreed to pay for an independent inspection at a main dealer BMW workshop. 

 

• Workshop came back and the vehicle has £6,350 worth of urgent repairs, everything from rear brakes being worn to the point there’s no pads left, rear differential bushes are degraded completely, and of course the big one, the timing chain mechanism is defective and needs replacing, technician also stated that it’s best to have a new clutch fitted to the vehicle as the clutch is heavily worn and the gearbox will be detached from the vehicle so it makes sense to put a new clutch into the vehicle to avoid having to do this again in 5,000 to 10,000 miles. 

 

• Finance company has been really patronising and has said that they will only pay for the timing chain repair, and this is as a good will gesture without any admission of liability as they are of the opinion £5,000 timing chain replacements are “wear and tear”, even though BMW has admitted it’s defective and are contributing to the repair, I’ve declined this on the basis it’s not “good will” to withhold a repair for 7 months and try to pass it off as “wear and tear”, I want the finance company to admit they were wrong. 

 

• Finance company is refusing to put right the rear brakes (which the vehicle cannot be driven unless they’re done because the condition is dangerous, having seen the video of the rear brakes I’m disgusted at the condition they are in), the finance company will not repair the rear differential and will obviously not put a new clutch into the vehicle, expecting me to make £1,500ish in repairs out of my own pocket. 

 

• I’m unwilling to pay for any repair to this vehicle as we have had 4 months of use age out of it, it cost £8,000 and already has £6,350 worth of urgent repairs required, this clearly shows it was not fit for purpose, not as described and not of a satisfactory condition.

 

• Finance and supplying dealership are refusing the rectify the poorly done paint repairs that have peeled off both the front and rear bumpers, even though these were pre-agreed and part of the condition of sale. 

 

• Financial Ombudsman Service has not yet ruled on our dispute, however I now have an independent report that shows the vehicle was not fit for purpose, and the finance company/dealership should have repaired it when I made the request under s.23 of the CRA 2015 back in November 2021, they acted unlawfully and unfairly in refusing this, and refusing to carry out my rejection in January when they failed to repair the vehicle. 

 

• I’ve written back to the finance company refusing their proposal to have just the timing chain repaired, as I disagree with the premise of it being out of “good will” and “wear and tear”, I also believe that they are liable alongside the supplying dealership for other defects that could not possibly have occurred due to my very limited use of the vehicle.