finance agreement

traz39

hi can anyone help we picked up a car on 14/04/2012 signed a credit agreement the day before having problems with car and not happy can we give the car back or are we too late thanks xx

Evilm

I asked this a while ago for a friend and the consensus was (as far as I can remember) that signing the credit agreement is a seperate transaction from the acceptance of the car.

You do have a cooling off period with the credit agreement which means that you could cancel that and pay it off in full. However that doesn't automatically give you a way to reject the purchase of the car.

What is wrong with the car? Is it something that represents a substantial difference to what you thought you were buying or are you just having second thoughts?

traz39

a seat needs repairing they sent someone out to do it but he said he couldnt do anything with it so now the company are gonna try themselves theres a grinding noise marks on dash board which they said they couldnt do but now they gonna have a go just lots of little things it goes in on tuesday but not happy with it at all so we cannot give it back is that what u saying

arcon5

Depends if the item is faulty (and not the result of wear and tear) or not as descripted. The things you have descripted seem to be cosmetic? Which should have been viewed before buying?

Evilm

It depends on the dealership I think. If they accept that these faults are just not good enough and that you are not happy then they may allow you to give the car back and give you your deposit back and cancel the finance on it.

However when my friend tried to do this (on about the same timescale as you) they wanted him to lose a significant amount and wouldn't take the car back for what they sold it for and they'd already sold his part exchange car. Therefore he would have been unable to pay off the finance in full and couldn't give him his original car back. That left him in the position he couldn't do it as he didn't have the rest of the cash to pay off the finance.

The cosmetic things I'm not sure represent anything much but the grinding noise might. The likelyhood is however that they will fix whatever is causing that and with just the cosmetic things left the chances of getting the dealership to take the car back without losing the deposit is small.

It sounds like a play it by ear situation - talk to the salesman about it and see how defensive they get etc.

arcon5

Just a thought, I'm betting they'd be more willing to entertain the idea of exchanging the car…

traz39

thanku all just spoke to them but finance manager not there today they rang back saying take it tomorrow so he can sort it but i think they want to change our minds so taking it this afternon with keys and leaving it there we only have 15 days to cancel agreement time running out so just gonna take it back this afternoon.

unholyangel

I presume from what you've said, its a 2nd hand car.

Rights are slightly different when buying 2nd hand. Basically if the price paid is a true reflection of the value/condition of the goods. Also, if you were invited to carry out an inspection during which the faults should have been obvious, you can't really reject on this basis as it would be deemed that you had accepted the faults.

However, when buying from a dealer, not only does the car have to be as described, it has to be roadworthy. So are the faults purely cosmetic or do any of them make the car unroadworthy? If it is the latter.......you've found your get out clause but the garage may contend this.

Flyboy152

unholyangel wrote: »

I presume from what you've said, its a 2nd hand car.

Rights are slightly different when buying 2nd hand. Basically if the price paid is a true reflection of the value/condition of the goods. Also, if you were invited to carry out an inspection during which the faults should have been obvious, you can't really reject on this basis as it would be deemed that you had accepted the faults.

However, when buying from a dealer, not only does the car have to be as described, it has to be roadworthy. So are the faults purely cosmetic or do any of them make the car unroadworthy? If it is the latter.......you've found your get out clause but the garage may contend this.

I know this maybe pointless disagreeing with you...;) but, that would depend on whether the faults could be judged to be acceptable or not, based on the level of expertise of the buyer.

If, for example, the grinding noise was apparent, but later caused the engine to stop working, the OP might not have been aware that the grinding noise could have stopped the engine from working. They might have been under the impression that the noise was the normal working condition of the car.

unholyangel

Flyboy152 wrote: »

I know this maybe pointless disagreeing with you...;) but, that would depend on whether the faults could be judged to be acceptable or not, based on the level of expertise of the buyer.

If, for example, the grinding noise was apparent, but later caused the engine to stop working, the OP might not have been aware that the grinding noise could have stopped the engine from working. They might have been under the impression that the noise was the normal working condition of the car.

Well that was why I asked if the faults were purely cosmetic or whether there was more to it than that.

As for the dodgy sound....well that comes under the car not being roadworthy (ie not fit for purpose).

Satisfactory quality
There are no precise standards for what satisfactory quality means for a second-hand car. What you'd expect from a ten-year-old Ford used as a towing vehicle would be very different from a two-year-old Ferrari with a low mileage.

Before you buy, make sure you're happy with the quality of the car taking into account:
its age and make
its past history and mileage
its description
the price you intend to pay
what you intend to use it for
any other relevant circumstances

The car shouldn't have any defects, except what the seller points out to you before you agree to buy it. Or anything obvious that you should be able to see when you inspect the car.

Dealers are not liable for:
fair wear and tear, for example if the car breaks down during normal use
if you mis-use the car
if you cause accidental damage.

Fit for the purpose it's being used for
The car should get you from A to B with the appropriate degree of comfort, ease of handling and reliability that a reasonable person would expect.

If you say you want the car for a particular use, for example for towing a caravan, it must be able to do it.

Matches its description
The description includes all statements made about the car. This includes in writing, in a conversation over the phone or in the showroom, in a newspaper, website, email or text, or in documentation. For example, if the advert says there's air conditioning and a CD player, the car should come with these features and they should work properly.

So perhaps that gives the OP some more to think about and whether the car conforms to contract or not.

Flyboy152

Being unroadworthy and not being fit for purpose are not necessarily synonymous.