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Problem with Car on HP

We purchased a used car in December 2011 on a HP agreement through Southern Finance. Within 2 days we had problems where the brakes seized up and the car was losing water, blowing cold air and misfiring.

We had the car recovered from the roadside and taken to a local garage. He felt that the water pump needed changing and this was done and paid for by the selling garage.

A day later we had the exact same problems. The selling garage then took the car back and investigated what the problem was. The informed us they had taken the head gasket off and pressure tested it and it was fine. Eventually they got back to us and informed us that there had been a small cut put into the water bottle ( the bottle that u fill when topping your water up) They suggested this had been done deliberately after the sale to us and stated if we hadn't done it, it must of been the mechanic.

Although I thought this very unlikely we were just happy to have the car fixed and back on the road.

Whilst all this was on I contacted the finance company and informed them of the problems I had had. I followed this up with an email.

2 month on and we started having similar problems, using excessive water, back firing and generally running like a bag of spanners. I have taken it to a local garage again and they are suggesting that the problems could be the head gasket which is going to be costly to fix.

The problems that the car is presenting with are exactly the same as previously although there has been 2 month of the car running problem free.

I recontacted the garage and as expected they said it's nothing to do with is now. Interestingly they said they never pressure tested the head gasket as they found the 'damage' prior to doing so which is different to what they said previously.

The car is used as a second car so has only done approx 1000 miles since bought.

Any advise where we stand with this?

Comments

  • grogsy
    grogsy Posts: 131 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    Anybody? :-)
  • mattyprice4004
    mattyprice4004 Posts: 7,492 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Make / Model of car?
    Miles on said car?
    Amount paid for car?
  • grogsy
    grogsy Posts: 131 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    Vauxhall Corsa, 57 plate 37k and paid 4k for it
  • mikemaple
    mikemaple Posts: 85 Forumite
    If you purchased on hire purchase I believe the legal postion is that you claim is against the HP company.

    From Which "In most cases, your rights are against the retailer – the company that sold you the product – not the manufacturer, and so you must take any claim against the retailer. However, if you have bought something on hire purchase (HP), it is the HP company that is responsible."

    And from the financial ombusmen site

    Hire purchase agreements are covered by the Supply of Goods (Implied Terms) Act 1973. This says there are implied conditions in a hire purchase agreement, including a condition that the goods will be of satisfactory quality and will be fit for purpose. (Implied conditions are those that can be assumed to be included in the agreement, even if they do not actually appear in writing.) So where a consumer has a complaint about faults in a car that was bought by means of a hire purchase agreement, we can consider the complaint if it has been made against the hire purchase business. We are not able to pursue such complaints if they are made against the dealer. This is not just because the selling of cars is not a consumer credit activity but because, under a hire purchase agreement, the dealer does not sell the car to the consumer. In our experience, some businesses encourage consumers to complain to the dealer in these circumstances, which adds to the consumer’s confusion.

    See http://www.financial-ombudsman.org.uk/publications/ombudsman-news/79/79-car-finance.htm for more details and some case examples.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Your best bet would be to go back to the garage and/or get a report on the cause of the problem. Then you need to determine if the problems are as a result of an inherent fault or wear and tear.
  • grogsy
    grogsy Posts: 131 Forumite
    Tenth Anniversary 100 Posts Combo Breaker
    I am aware that my claim would be against the finance company and I think I would have to proof the fault wasn't due to wear and tear. Would it be difficult to proof that this is the same problem as previous when it is 4 months since it last occurred?
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    edited 24 April 2012 at 5:15PM
    grogsy wrote: »
    I am aware that my claim would be against the finance company

    Actually, although the finance company are legally equally liable for breach of contract - you may find the agreement contains a term which means you have to attempt to resolve the issues directly with the retailer before putting in a claim.
    and I think I would have to proof the fault wasn't due to wear and tear.

    Legally, its for the dealer to prove the fault is not inherent within the first 6 months. However in cases like this where they are not playing ball it would be recommended to obtain your own proof then submit this to the dealer (with an invoice for the cost incurred).
    Would it be difficult to proof that this is the same problem as previous when it is 4 months since it last occurred?

    Do you have a report/invoice/details of the issues the garage repaired? If so, find out what the issues are this time and see if they are the same.
  • I worked for 22 years as a representative for a major finance company. The best thing to do is send a clear letter to Southern Finance stating chronologically the problems and subsequent action taken by the dealer. Outline your rights as you understand them from the Consumer Credit Act and Sale of Goods Act and ask for a reply within 14 days. If no joy pop down to your local CAB or go to the Small Claims Court.

    The finance company have a liability as by financing the car they are jointly liable for any warranty or merchantable quality issues!!
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