Carcart.co.uk in Willenhall/Moneybarn - Faulty car, can I reject

[Statedmink]

Hi,

I'm in need of some advice, fairly quickly I think. 

I signed a finance agreement with Moneybarn on 12/6/23. They transferred the funds to the dealer and I arranged to pick up the car on 14/6/23. On arrival at the dealer and when speaking to the broker previously I was told that 18 months warranty was provided free of charge through Handler Protect. They said that I would receive a welcome email from them in the next couple of days. All was fine.

I ended up having to pull over on the M1 on the way home due to TPMS sensor telling me the front offside tyre deflated, AA came out, said it wasn't really low in their opinion, pumped it up and told me to carry on home, just keep going if it did it again it would make it home (another hour to go). Iqt did it again (10 minutes from home). Inflated them the next morning ( thursday). On Saturday we went 40 minutes away, motorway again, and on arriving there it did it again. Pumped them back up to the recommended pressure for the load in the car. As we got home the tyre was down again. Pumped it back up and the following day (Monday) took it to be checked and told the tyre valve was faulty, paid and had it sorted, took it as stupid tax on my part. 

Tuesday 20th I had been using the car on and off all day (home carer). Smoke started coming from the bonnet. Called AA who advised it was a small diesel leak, safe to drive- just pull over and let it cool down if it smokes again

I had it booked in for a vehicle health check Thursday 22nd. The list of faults is unbelievable. The 'small leak' is massive, all over the rear of the engine and covering all 4 injectors, as well as a cracked cv boot that's spraying grease everywhere, exhaust hanger broken, wiper fluid pipe broken it goes on

I emailed the dealer letting them know there were issues and requesting the warranty information as I realised I hadn't received it on the Tuesday/wednesday. They sent it over and I rang them - no warranty in place for this reg. I called the dealer back and informed them, they requested a few hours to investigate. The call came back that unfortunately the person that was supposed to have done it hadn't. She said that it will be put through now and cover from then 21st. She advised me to get a quote from the garage as to what needs to be repaired and how much and they will see what they can do as it wouldnt be covered by the warranty now.

I sent across the quote today and she has said they need a few days for her supervisor to discuss it with the workshop manager and get back to me. I asked again about the warranty as I still hadn't received anything and was told it had been done already. I rang the warranty company again- no warranty for this reg. I emailed back to the dealer and said more or less, you told me it was set up now, I've checked and it isn't what's going on. Received confirmation of warranty within 5minutes from Handler, and an email from the dealer an hour later saying she's checked and its definitely done.

The bill is over £2000 due to needing to strip the engine back almost completely. I seriously doubt they'll cover it. I've seen horrendous reviews once digging into them abit more about them authorising repairs to be done and then deciding not to pay after. 

I'm really starting to think I should cut my losses while I'm still in the 14days. I tried to speak to moneybarn today and the guy practically yelled at me to contact the dealer first ( which I had) and they'll only get involved if the dealer doesn't sort it. 

How exactly do I go about rejecting the car and having the finance cancelled? Am I within my rights to request the dealer collect the car (116 miles) as I've been advised by the garage its really not safe to drive, it's been there since last night, and will stay there until somethings sorted. Can I refuse the offer to pay for the repairs? I'm really convinced this dealer is going to try and refuse to pay repairs even if they offer. The dealer offers a 100 point safety check as extra assurance the cars are sound and honestly I think they're going to try and take me for a ride and I just want out. 

Sorry its so long

[BankFodder]

Your story is very long and also extremely involved.

Would you mind simply posting a bullet pointy chronology of what has happened without the narrative.

However I do understand that you want to assert your right to reject.

Do this by writing them a letter immediately and sending it to them by first class post. Can also email.

Make it clear that you are rejecting the vehicle as it has demonstrated defects within the first 30 days and you require them to organise its collection and to give you a refund.

Send a copy of this to the finance company and also a copy to the dealer .

Please give us a more simple account of your situation and we will try to help you.

We also need to know details of the dealer, the car, make model mileage price paid etc.

 

[dx100uk]

forget any warranties

not worth the paper they are written on ......

dont overrule, remove or weaken your rights under the consumer rights act, contract law and the consumer credit act...

[Statedmink]

Sorry, its my first time posting on a forum really. I'll try again.

Arranged finance of £5859 for a Peugeot 5008 2014 2.0 with Moneybarn through 247 Car finance. The dealer is Carcart.co.uk in Willenhall. Mileage is about 117000.

I signed the agreement on the 12th June.

Picked the car up on the 14th June, had an issue with tyre sensors before we made it home, that continued until 19th when I paid to fix the faulty tyre valve.

20th the car started smoking from the bonnet.

21st I emailed the dealer to request warranty information and to let them know about the issues. Basically they hadn't put it in place and asked me to have the car inspected and send a quote for repairs as they would see what they can do. I believe that was because the warranty wouldn't cover it anyway as it wasn't in place at the time it happened.

Today 22nd, the garage has quoted £2000 worth of immediate repairs needed and advised it isn't safe to drive. Relayed this to the dealer and was told they'll get in touch.

I contacted moneybarn today as well for advice on what my options are in the situation, they just said to speak to the dealer first.

Do I have to wait for them to acknowledge the email with right to reject, even if that takes me over the 14days cooling off period to cancel the credit agreement?

 

[BankFodder]

Send the letter of rejection as advised above. Make sure it goes to the finance company and to the dealer

Did the car come with a new MOT

[Statedmink]

The mot was done 11 May. 

Can you explain how the rejection should work to me so I know if they are trying anything funny? 

Does the dealer refund me the money and I have to use it to clear the finance or will they refund directly to finance company? 

I'm going to write the letters now and email and post recorded 

I'm just on my way to post the letters now, I've sent them as an email as well. I've also rang moneybarn to let them know I intent it use my right to reject. They were quite helpful on the phone, they've registered my complaint and given me the reference number. 

I installed the call recorder recommended on the welcome page first.

I received an email back straight away from the dealer stating it will be passed on but they have the right to try and repair it first before it can be rejected?

[dx100uk]

if you've advised them within 30 days you are rejecting the car, they cannot reject your demand.

as for who pays who, you let MB/ Carcart.co.uk sort that out once MB cancels the agreement under the consumer credit act.

[Statedmink]

Thanks for the help, I'll come back if I need anymore advice 

[BankFodder]

Please monitor this thread for further advice later on

There is more that you need to know.

 

[Statedmink]

Quick update,

Moneybarn recommended to inform the broker aswell. 

I have done as they asked, they have escalated to the customer care team and I have been told they will act as the go between for myself, moneybarn and carcart to unwind the finance and will be in touch.

The dealer replied this 

 

I am sorry to hear and see the issues you are experiencing and we will help a much as possible in this case but what the next steps would be to do is to contact your finance company regarding unwinding the vehicle and furthermore, they will contact us about the next steps regarding getting this resolved and sorted.

If you have an further concerns or issues regarding this process, please contact us

 

Is there anything further I need to do, or just wait for the broker care team to be in touch with me?

[BankFodder]

This sounds very good – much better than I could have expected.
What I wanted to tell you earlier was that although you have the short-term right to reject within 30 days, we have found that dealers and finance companies are very slow – even reluctant – to apply those obligations and tend to raise obstacles in the way of their customers including require them to have extra checks diagnosis et cetera.

So be careful – it's not over yet.

If I were you I would write to them. As far as I gather, your contract is directly with the finance company and you should write to them particularly and acknowledge their letter, make it clear to them that as the finance company they are the people who are directly bound by section 75 of the consumer rights act and that you want a definite schedule for unwinding the contract and removing the vehicle from you.

Also, have you incurred any other ancillary expenses such as taxing the vehicle et cetera?

Let us know those – you should reasonably claim to recover those as well and you should point out to the finance company.

Tell them that although they are kindly going to be the go-between – as far as you are concerned, it is they who have the section 75 duty and it is they who you will hold to account if there appears to be any undue delay.

I do think that you should go in with an absolute no-nonsense attitude. They should realise that you are on their case