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Car on HP with Blackhorse finance

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  • DON_41D
    DON_41D Posts: 11 Forumite
    Update:

    It looks like i may have had a result on this, i had a call from the finance company yesterday, they have finally agreed to pay out the total of my claim for damages to have the faults rectified. I am a happy chappy :D

    Just to go back to a few points made earlier in this thread for the benefit of others who may be in the same possition as myself, the Sale of Goods Act 1979 doesn't apply when you obtain goods by Hire Purchase Agreement, its the Supply of Goods Implied Terms Act 1973 that applies. You still have the right to have goods hired to you under HP to be of satisfactory quality, and to be as described.

    Also, my legal rights are not with the supplying dealer (Arnold Clark), they are with the finance company (Blackhorse) because it is an HP agreement.

    I have not compared my car to a new car, yes, i accept that it may have been sitting around for a while before it was registered, but that doesn't change the fact that it is a 1 previous owner car with just 30000 miles on the clock, and was first registered and used on the road after December 2006.

    My argument over the boot leak and the rusty wheel arch were related, as one fault was the cause of the other. When i bought the car, i did ask if there was any previous accident damage repaired, to which Arnold Clark said no. The wheel arch wouldn't be rusty if it wasn't badly repaired, and the boot leak wouldn't be present if it wasn't for the fact the rear screen had to be removed to have the rear quarter replaced, and obviously was not properly sealed when it was put back in. Also my argument with the condition of the alloys, i bought the car from Arnold Clark on the understanding that it had just had the alloys professionally refurbished, and Arnold Clark arranged for this to be done and not the previous owner. Nobody expects to have to deal with patches of paint to be peeling off on freshly refurbished alloy wheels after just 2000 miles use.

    Anyhow, it looks like i have had a satisfactory outcome to this, and i hope i can get the faults fixed and keep the car. Thanks all for the advice received, Donald.
  • PNPSUKNET
    PNPSUKNET Posts: 4,265 Forumite
    Are you sure you went arnold clark, or are you winding up as this really doesnt sound like blackhorse or arnold shark
  • DON_41D
    DON_41D Posts: 11 Forumite
    PNPSUKNET wrote: »
    Are you sure you went arnold clark, or are you winding up as this really doesnt sound like blackhorse or arnold shark

    Yes, i bought the car from Arnold Clark in Glasgow, and it is on finance with Blackhorse.

    Basically, i made sure i made them aware right at the start that i was prepared to take them all the way, and that i was aware of my rights etc, and they didn't mess me about. ;)

    I have to say though, i hope i never have to deal with either Arnold Clark or Blackhorse again :mad:
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