Problems with car brought on credit from garage

kymbo82

Hi,
I bought a used car from vauxhall, 4 years old, on credit 25 june this year..so just over a month ago, since I have had it it has has 3 different problems first problem I was told the car would be picked up and dropped back of..this fell through and I ended up having to pay £30 for a taxi to pick it up..then last week another problem arose, was told wouldnt get a courtesy car as there is a wait until I kicked up a fuss as I use my car for work and would have had to have the day off then when I got it back I was told they didnt know what the problem was and I have to monitor the car and take it back on friday again..
THEN today driving it another problem light came on and I drove straight to the garage and spoke to the manager while they were looking at the car.
Manager tried sweet talking me, very smooth talking trying to say he has had the same problem with his car, it's probably because I use it for short journeys such as school run (which is a complete assumption-I corrected him and said I use it for long journeys everyday) blah blah blah and I basically said I dont want the car now, its caused me no end of problems and fair enough if I had had the car for a year or so and this started happening but this is just over a month and the third problem!!

When the car had been looked at I was again told they are not entirely sure what the problem is could be a number of things, I explained I had a long trip tomorrow and he said ''I AM NOT ALLOWED TO ADVISE YOU TO USE THE CAR..BUT IT SHOULD BE OK'' So They are not allowed to advise me to use a car they sold to me?? Surely thats not right?? So I have the car at the moment and have to take it back in on friday, he knows I am wanting out but they are trying to say it'll all be sorted out. The y have messed me about enough

I want out of this sale and I havn't a clue were I stand? The credit is with Hartwell Vauxhall and I have paid deposit and first payment so far.

Please help

4743hudsonj

Under the sale of goods act 1979 they have an obligation to remedy the situation. Although the method of remedy is often out of your control, it should legally not cause you significant inconvenience. This obviously is so i would go down that route and demand either a similar or better replacement or a repair.

Its also worth noting that the same act (usually referred to as SOGA) gives you the right to completely "reject" goods within a "reasonable" time if they dont meet the implied terms of "satisfactory quality" or "free from defects, even minor".

Now this reasonable time isnt defined and is very subjective but you could quite easily argue this and demand the full refund as it gives you the right to (rather than the simple right to remedy i listed above which kicks in after this "reasonable time ends").


I hope some of this makes sense and goes some way to helping you. Consumer direct will reiterate these points but can provide template letters to use.

Its also worth saying that recorded delivery should now be the only contact means as often, these things can go to court so you want proof of what was said and when.

gordikin

Surely you bought?

kymbo82

gordikin wrote: »

Surely you bought?

how clever of you to point that out thank you so much for going through my post and picking out spelling mistakes..heres a few more for you... pssi fof yuo tawt work that one out

somethingcorporate

kymbo82 wrote: »

how clever of you to point that out thank you so much for going through my post and picking out spelling mistakes..heres a few more for you... pssi fof yuo tawt work that one out

That gave me a chuckle.

He corrected your grammar by the way, not your spelling

*ducks for cover*

Back on topic I'd go with the rejection route first, as Hudson suggests. Recorded letters to the finance company and the dealer rejecting the car and demanding your money back.

kymbo82

4743hudsonj wrote: »

Under the sale of goods act 1979 they have an obligationg to remedy the situation. Although the method of remedy is often out of your control, it should legally not cause you significant inconvenience. This obviously is so i would go down that route and demand either a similar or better replacement or a repair.

Its also worth noting that the same act (usually referred to as SOGA) gives you the right to completely "reject" goods within a "reasonable" time if they dont meet the implied terms of "satisfactory quality" or "free from defects, even minor".

Now this reasonable time isnt defined and is very subjective but you could quite easily argue this and demand the full refund it gives you the right to (rather than the simple right to remedy i listed above which kicks in after this "reasonable time ends").


I hope some of this makes sense and goes some way to helping you. Consumer direct will reiterate these points but can provide template letters to use.

Its also worth saying that recorded delivery should now be the only contact means as often, these things can go to court so you want proof of what was said and when.

It makes sense thank you, I experienced the first problem within a week of buying so hopefully this will be within the reasonable time. I would be happy to have another car from them, I just want a car that works.

4743hudsonj

I just remembered, get onto the finance company as they come under the consumer credit act and a credit giving company therefore section 75 applies making them "jointly and severably liable" This means you can claim the money off them (like you would with a CC provider) and leave them to sue the dealership.

iamana1ias

kymbo82 wrote: »

Hi,
I brought a used car from vauxhall,

Where did you bring it?

kymbo82

goddness me, I am asking for help with my legal rights not for correction left right and centre over my posts

So if I was to reject sale where do I stand with the credit company? Will it stay on my report that I owe this money ? I am wondering as I would need a new car and will probably need finance again which I dont think I would get if it shows I owe such and such amount?

4743hudsonj

iamana1ias wrote: »

Where did you bring it?

This is getting quite tiresome.

4743hudsonj

kymbo82 wrote: »

goddness me, I am asking for help with my legal rights not for correction left right and centre over my posts

So if I was to reject sale where do I stand with the credit company? Will it stay on my report that I owe this money ? I am wondering as I would need a new car and will probably need finance again which I dont think I would get if it shows I owe such and such amount?

None of this should affect your credit rating.

The credit company are legally just as responsible as the dealer because of the consumer credit act meaning they must provide you with a refund if you are legally entitled to one (which you should be). The only people it will look bad upon is the dealer.