We’d like to remind Forumites to please avoid political debate on the Forum.

This is to keep it a safe and useful space for MoneySaving discussions. Threads that are – or become – political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.

📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!
The Forum now has a brand new text editor, adding a bunch of handy features to use when creating posts. Read more in our how-to guide

Can I cancel a Hire Purchase within 6 months of the agreement?

super_g
super_g Posts: 25 Forumite
edited 26 September 2013 at 8:20AM in Motoring
I'm not a happy bunny. I put down a £6,000 deposit on a £11,000 vehicle and agreed a 36 month term.

The dealer claimed that it was "sold as seen" but I challenged this under the Sale of Goods Act and many faults were rectified under warranty after several visits to the dealership.

The problems continue. I have visited the dealer with the same issue three times - a pitted windscreen. Each time, the vehicle is "inspected" and handed back to me but no new windscreen to name but one serious issue.

I am now so fed up with making 12 trips to the dealer in under 6 months that I just want my money back.

Is there any get out clause of a Hire Purchase agreement where by you can reject the vehicle all together at a later date because there are so many serious faults that have developed? That the dealer has not even made any effort to fix.

How many last chances can I keep giving them? This time they have agreed to take the vehicle in for a week to look into my issues again. Should it be returned with no issues fixed then I want out.

Any advice much appreciated.

:(

Comments

  • LandyAndy
    LandyAndy Posts: 26,377 Forumite
    Part of the Furniture 10,000 Posts
    A list of the faults would be useful as would details of the vehicle.

    What is a pitted windscreen? If it's not an MoT failure why would a dealer replace a windscreen you saw and approved when you bought the car?
  • What issues apart from a windscreen chip ? You're emitting more heat than light !
    You scullion! You rampallian! You fustilarian! I’ll tickle your catastrophe (Henry IV part 2)
  • motorguy
    motorguy Posts: 22,639 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    super_g wrote: »

    The problems continue. I have visited the dealer with the same issue three times - a pitted windscreen. Each time, the vehicle is "inspected" and handed back to me but no new windscreen to name but one serious issue.

    Not seeing this as a serious issue? Probably wear and tear and expected as such. A new windscreen is what, £50 access on your insurance policy if its such a big issue for you?
    super_g wrote: »

    I am now so fed up with making 12 trips to the dealer in under 6 months that I just want my money back.

    Very hard to reject the car after this length of time. I feel your pain. I bought a 156 2.5 v6 veloce from a main alfa dealer and had no end of problems - though i loved the car. The best i could get was a 'preferential' trade in deal against another car.
    super_g wrote: »

    Is there any get out clause of a Hire Purchase agreement where by you can reject the vehicle all together at a later date because there are so many serious faults that have developed? That the dealer has not even made any effort to fix.

    I dont believe so. They may 'assist' but you cant just hand the car back to them and terminate the agreement on that basis alone. Even if you were to exercise your rights to early termination you'd have lost the £6000 you put in plus any payments you've made.

    What are the serious faults?
    super_g wrote: »

    How many last chances can I keep giving them? This time they have agreed to take the vehicle in for a week to look into my issues again. Should it be returned with no issues fixed then I want out.

    Then you should sit down with the dealer with regards to what a 'successful outcome' looks like. If they are agreeing to fix specific issues then a successful outcome is those issues fixed. If they cannot do that, then discuss what will happen in advance, at that point.

    If the car is relatively young, is there scope to involve the manufacturer?

    It *sounds* like the dealers expectations are all wrong here if they think they can sell an £11K car "sold as seen", however i'd like to hear what these "serious issues" are?
  • Tilt
    Tilt Posts: 3,599 Forumite
    It is illegal for a trader to attempt to reduce or remove a consumers statutory rights under the Sales of Goods Act (SOGA). Using terms such as "sold as seen", could be interpreted as doing just that.

    The onus is on the seller to prove that a fault within the first 6 months of purchase is not inherent (i.e. existed at the point of sale).

    Also as the finance company own the car, you should equally involve them by reporting the issues to them.
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • WTFH
    WTFH Posts: 2,266 Forumite
    Without knowing the extent of the faults, or how serious they are, it's impossible to give good advice on this one.
    1. Have you tried to Google the answer?
    2. If you were in the other person's shoes, how would you react?
    3. Do you want a quick answer or better understanding?
  • motorguy wrote: »
    Not seeing this as a serious issue? Probably wear and tear and expected as such. A new windscreen is what, £50 access on your insurance policy if its such a big issue for you?

    This is pre-existing damage, you cannot claim on your insurance for damage done prior to the existence of the policy.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 354.5K Banking & Borrowing
  • 254.4K Reduce Debt & Boost Income
  • 455.5K Spending & Discounts
  • 247.4K Work, Benefits & Business
  • 604.3K Mortgages, Homes & Bills
  • 178.5K Life & Family
  • 261.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.7K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.