used car dealer problems

dan88

nearly two years ago now i got a personal loan to buy a car from a local car dealer, a renault clio 172 cup 52 plate, 38k fsh, 3 months warranty from the dealer. i had the car little over a month, then coming home from work one day the car cut out at 70 mph,, i then got the car towed to the dealer where they said they would get it checked out,, it turned out the cambelt had snapped causing damage to engine.

well the dealer said they would do the work which wos great but after 2 months of waitin they phoned to say it wos done but i owed them £1000 towards the repairs which wos £1500,, and they would not let the car go until it wos paid. i believe there arguement wos that the damage wos caused by miss use.
i refused to pay the balance as the dealer stated this after the work wos done! which they went ahead with on there own..


after this i stopped paying the loan back as i didnt hav the car,, and after a few months the dealer wos saying the car belonged to the finance company which wos not true as i am still being chased for the laon money today. the debt has now been passed on to a different company and the car is still at the dealer and is still my car, but i refuse to pay a £1000

what can i do?? any help please??

hartcjhart

catch the bus:cool:

dan88

car is still at dealer. yes but surely the dealer should of informed me that i would have to pay for repairs before they decided to get the repairs done, instead of giving me a bill the day it wos finished.

newbie1980

MrCEO wrote: »

You owe them the money.

The fact is the dealer had no obligation to fix a cambelt on a 6 year old car. Doing so even at part of there cost was reasonable. You should have taken action at the time if you wanted to dispute this (and lost) and not stopped paying for it.

The finance company are correct to chase you for the balance of the loan (minus any sale value of the car). What happened to the car? Where is it now? Pretty stupid not knowing were a car you own and are liable for legally is.

read the "3months warrenty" and "one month after got the car"
yes the dealer was liable under warrenty#


and sorry cant helpthe op

Equaliser123

MrCEO wrote: »

Prove they didnt?
What they actually said at the time is they would sort it; nowhere; was there any mention of free therefore I doubt even back then you would have had a case not to pay; 2 years down the line definitely not.

The dealer is by law allowed to retain the car in lieu of your debt; your debt with the lease company is outstanding.

I am afraid legally you are unlikely to come out of this anything short of owing the lease company and potentially the dealer.

If I was you I would pay the dealer; ask for the car back and either start paying the loan (and arrears) or sell it and settle the debt. By now the fees etc have probably made it a massive sum though.

I would be pleading to their Customer services to reduce the debt and defaults in return for full and immediate payment of an agreed sum.

What a load of rubbish.

The car was under warranty. The dealer should have piped up at the time that there was an allegation of misuse. There is no evidence that he did.

Not reasonable for a lien to be applied given that the OP did not legitmately expect to have to pay for the repair.

Equaliser123

MrCEO wrote: »

No warranty on the planet would cover a cambelt failure on a 6 year old car.

You seem to be struggling with this.

The OP has clearly said that a 3 month warranty was provided from purchase and that the fault occurred after 1 month.

In any event, SOGA would apply even if no additional warranty had been provided.

Equaliser123

MrCEO wrote: »

You seem to be struggling with simple common sense.

Warranties do not cover Cambelts failing through natural use (i.e 6 years)

SOGA does not cover people not maintaining their cars properly. The dealer sold a working car; it isnt their fault the OP didnt have the brain cells to check the cambelt wasnt original.

The only hope in hell they have a case is if the cambelt was not original and had been changed by that dealer incorrectly.

A car sold with FSH should have had the cambelt changed at the recommended intervals.

Your knowledge of SOGA is appalling. If the car was not of satisfactory quality, then OP has a full right for a repair without cost.

Equaliser123

MrCEO wrote: »

It is not legitimate to expect cambelts to be changed for free along with the resulting damage to be repaired for free

The fault is the snapping cambelt. The resulting damage was the direct consequence of snapped cambelt and therefore perfectly claimable under the normal rules of contractual liability.

gordikin

Equaliser123, ignore MrCEO he's the banned Annihilator, aka Judas (also banned) returned to MSE to annoy.

Freddie_Snowbits

If as you say the car had a FSH and it seems the cam belt failed shortly after you got the car, I would have suggested the seller is at fault.

dan88 wrote: »

after this i stopped paying the loan back

Though this action may have hindered a satisfactory outcome.

dan88

MrCEO wrote: »

Apologies equaliser I missed the FSH comment. If he has a FSH and that for me is vital then he probably has a case if it then transpires the cambelt wasnt done.

OP- what prove do you have of the FSH?
When was your cambelt done?

the sh wos all stamped up to date

i dont think it had ever had a cambelt change,, and cant check as the sh is in the car.