Hire Purchase Breach of Contract

robertasg

I bought my first car through hire purchase using a finance company Zuto (formally know as Carloans4u) on 28th of January 2015 few minor faults started to occur with the car and I immediately contacted the dealer and he promised parts for the car and to this day they never arrived. I took nothing of it as they were minor faults and I was willing to repair them as I was unsure of my legal rights or anything as such.
3 months after the purchase the car broke down completely and I was quoted that it would cost minimum of £1200 for the repairs by an independat garage then I contacted the finance company and they told me to resolve the matter with the dealer. I tired to do so but it didnt go well.
It took him over a month to come up with a solution for the repairs which would be a replacement engine and then I told him to do what he has to do in order to get the car back on the road. A week later he stated that the repair would cost me £625 as to then I stated that he is liable for the damage so we should spit the cost and he said the only way I would get any money out of him is through court.
Keep in mind I did not know any legal side of things therefore I contacted citizen advise who told me to resolve the matter with the finance company as they were my legal contact.
I went to customer support with my complaint and they immediatly closed my case due to the amount of time I have been in the ownership of the vehicle. After this I emailed them stating that I would like to end the contract and return the goods under the supply of goods act and they reopened my complaint.
I have stated reasons as to why I want to reject the vehicle and the only way I would keep the vehicle is if a third party would do the repairs. Its been a month of me stating that I reject the vehicle but i have been ignored basically.
Im not sure where to go from there.
The dealer himself is a nightmare. He gave me a courtesy car which had a blown head gasket and many other faults which I dont think it was road legal and endangered everyone on the road.
With the car that I purchased it cost £2250 a 2007 Peugeot with 70k on the clock. I have some evidence that he done a fraudulent MOT on the car as he gave me one with all the faults/advisories as to why it failed and one completely clear. What im getting to is that 3 faults that were on the advisory were that I know are still present are air bag fault, rear spring broken and license plate light broken.
To those who have read my issue (if anyone) has anyone got any advise as to what should I do I'd appreciate it.

societys_child

Would imagine "acceptance" has occurred after 3 months. What caused the car to break down completely?

Former_MSE_Megan

Hi there,

Zuto have asked us to post a response on their behalf. The following message does not represent the opinions of MSE.

Hi Robert,

We’re really sorry to hear that you’re experiencing issues with your car, which you financed with our help. Our dedicated customer care team would like to investigate the issues you’ve raised to ensure that you’re being treated fairly. Please email our team at customercare@zuto.com (mailto:customercare@zuto.com) with your full name, date of birth and a summary of your concerns, so that we can provide further support.

Many Thanks,

Dani

robertasg

The timing belt snapped after like 1000 miles of travel supposedly it had been shredding away for some time according to my local garage. Sure the dealer is liable for the first 6 months if I can prove that the fault was present (which I did so).
I have stated again that I want to reject the vehicle and they told me to go and collect it as it is my opinion that I am within my rights to reject it.
It took a total of 15 weeks to get the car back to a derivable condition although other faults are still present and the garage that fitted the engine had no idea on how many miles or how old it is which is another issue.
This is not what I agreed to purchase so its not as described, not fit for purpose and I have lost faith in the car, the dealer and the finance company.
I haven't had a chance to inspect the vehicle yet but do you think I should go and collect it as I have read previously that they try to do that to point out that the vehicle is in use therefore you can not reject it.

motorguy

robertasg wrote: »

The timing belt snapped after like 1000 miles of travel supposedly it had been shredding away for some time according to my local garage. Sure the dealer is liable for the first 6 months if I can prove that the fault was present (which I did so).
I have stated again that I want to reject the vehicle and they told me to go and collect it as it is my opinion that I am within my rights to reject it.
It took a total of 15 weeks to get the car back to a derivable condition although other faults are still present and the garage that fitted the engine had no idea on how many miles or how old it is which is another issue.
This is not what I agreed to purchase so its not as described, not fit for purpose and I have lost faith in the car, the dealer and the finance company.
I haven't had a chance to inspect the vehicle yet but do you think I should go and collect it as I have read previously that they try to do that to point out that the vehicle is in use therefore you can not reject it.

Its one of the first things i would ensure had been done when buying a car - if it couldnt be absolutely guaranteed to have been done, then i'd either negotiate in getting in changed or get my own mechanic to subsequently do it if it was anywhere near due.

Did the timing belt fail prematurely or was it due / overdue a change?

If it failed at 50,000 and wasnt due a change to 80,000 would be a very different scenario to being due at 80,000 and breaking at 90,000

robertasg

Hi,
So far Zoto customer car has been nothing more than disappointment for me. I have requested to speak to a different employee as the one I had was very unresponsive and I was basically ignored but that never happened. Seems like I got ignored once again.

motorguy

robertasg wrote: »

Hi,
So far Zoto customer car has been nothing more than disappointment for me. I have requested to speak to a different employee as the one I had was very unresponsive and I was basically ignored but that never happened. Seems like I got ignored once again.

Did you not read post #3??

Zoto want you to contact them.

Also, was the timing belt overdue a change?

motorguy

robertasg wrote: »

The timing belt snapped after like 1000 miles of travel supposedly it had been shredding away for some time according to my local garage. Sure the dealer is liable for the first 6 months if I can prove that the fault was present (which I did so).

How did you prove the fault was present at the time of sale?

robertasg wrote: »

I have stated again that I want to reject the vehicle and they told me to go and collect it as it is my opinion that I am within my rights to reject it.

No, unfortunately you're not. You are well outside the "rejection through non acceptance" timescale and you're into the dealer inspecting the car, deciding if it was a fault and opting to repair, refund or replace.

If your view differs from his, then you would need to take him to court to have it settled.

robertasg wrote: »

It took a total of 15 weeks to get the car back to a derivable condition although other faults are still present and the garage that fitted the engine had no idea on how many miles or how old it is which is another issue.

So theres another engine in the car? You accepted a repair?

robertasg wrote: »

This is not what I agreed to purchase so its not as described, not fit for purpose and I have lost faith in the car, the dealer and the finance company.

Its as described - its a relatively old car, and it has had a problem, which may or may not be a fault.

robertasg wrote: »

I haven't had a chance to inspect the vehicle yet but do you think I should go and collect it as I have read previously that they try to do that to point out that the vehicle is in use therefore you can not reject it.

You could have it independently inspected at your own cost first?

Also, you say you are rejecting the car but are proposing picking it up?

robertasg

Thanks for the response.
Peugeot recommended to change it at around 120,000 or every 10 years which the car was neither. They were willing to inspect the vehicle and if the belt was defected from manufacture then they would repair it. However the dealer said he will fix it but after few weeks of waiting, reading reviews, talking to the dealer (when he answered) and having the dealers courtesy car I have realised he is one of the "dodgiest" dealers out there.
Know that I am more aware of how the car functions and some of its parts, I will definitely be doing more checks under the hood.

motorguy

robertasg wrote: »

Thanks for the response.
Peugeot recommended to change it at around 120,000 or every 10 years which the car was neither. They were willing to inspect the vehicle and if the belt was defected from manufacture then they would repair it. However the dealer said he will fix it but after few weeks of waiting, reading reviews, talking to the dealer (when he answered) and having the dealers courtesy car I have realised he is one of the "dodgiest" dealers out there.
Know that I am more aware of how the car functions and some of its parts, I will definitely be doing more checks under the hood.

Not sure then.

Its a bit of a sticky one. I would contact Zoto as they have requested and see what can be done.

You may well have to take this one to court to get an outcome.

robertasg

Zuto customer care stated that I have to collect it. I wanted to get it repaired originally when I was sorting things out with the dealer but after several weeks of not getting anywhere and speaking to citizens advise they told me to speak to Zuto and talk about my legal entitlements and they then (few weeks later) arranged a repair with the dealer even know I stated that I reject the vehicle (this was 8 weeks ago)