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Upheld Complaint (Hire Purchase Related)

naff123
naff123 Posts: 227
Debt-free and Proud!
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edited 30 July 2016 at 10:51PM in Motoring
Hi there hope this is posted in the right area as it is a very odd issue I've just had.

So I got a car under a HP Agreement in July 2014 and since September 2014 I've been having issues with the car and complaining to 'The Car Finance Company' which has been falling on deaf ears and they've been doing everything they physically can to get out of responsibility under Section 14 of the Sale of Goods Act 1979 as Hire Purchaser or Consumer Credit Act 1974. Section 75 If I am correct in my memory about the HP being responsible for supplying a vehicle as described and road worthy.

Well after yet another lengthy discussion I have found out that a complaint I made in January 2015 (6-7 months into the contract) I requested to terminate the contract as the car was clearly missold to myself and went to the FOS after receiving threats from the original car dealership As stated in his email to me after sending a cancellation notice commenting on his rude attitude as well
Nathan
Do your self a favour before you go around shouting and talking absolute Sh##!!!! find out WHO you are dealing with first!! don't reply call or come any where near this business and keep your !!!!!! little comments to your self, as for spreading rumours don't bother. I have NEVER been arrogant or rude to you but I can start trust me !!!
.

I provided a Mechanical Report to show the outstanding issues on the car including the Turbo Boost Control Valve, EGR Valve, Interior Electrical components stopped functioning and the Fuel Cap Release Mechanism was faulty at point of purchase.

This again fell on deaf ears and as they delayed paperwork alongside the AA Delaying Paperwork lead to the Complaint being closed as it exceeded the time limit, What I have discovered is that the Car Finance Company actually upheld my complaint and NEVER informed me of this until Yesterday! They made one call to my phone number and apparently in their own words 'Left it there as they assumed I was no longer interested'

What I want to know is do I have any rights which mean I can get them to honour this original offer to cancel my contract as they concealed this information from me and get them to back date the payments I've made since??

Comments

  • naff123
    naff123 Posts: 227
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    Come on surely someone can advise?? This could be worth £3500 to me
  • Quentin
    Quentin Posts: 40,405 Forumite
    If £3500 is at stake don't rely on forum posts ( where anyone can post)

    Get proper legal advice
  • AdrianC
    AdrianC Posts: 42,189
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    You bought a car in July 2014 - 25 months ago.
    You experienced problems from September 2014 - 23 months ago.
    You raised a complaint in January 2015 - 19 months ago.

    And you only found out the outcome of that complaint yesterday...?
    When was that outcome determined?
    What did you do in the interim period to chase it up?

    How are you figuring that £3,500? Was that the purchase price of the car? Or was that the alleged cost to put the issues right? It seems ridiculously high for the second. If the first, then that'd be quite an old car, with plenty of opportunity for perfectly legitimate age-related issues - so were you being realistic in your expectations of warranty coverage and legal recourse in the first place?
  • naff123
    naff123 Posts: 227
    Debt-free and Proud!
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    AdrianC wrote: »
    You bought a car in July 2014 - 25 months ago.
    You experienced problems from September 2014 - 23 months ago.
    You raised a complaint in January 2015 - 19 months ago.

    And you only found out the outcome of that complaint yesterday...?
    When was that outcome determined?
    What did you do in the interim period to chase it up?

    How are you figuring that £3,500? Was that the purchase price of the car? Or was that the alleged cost to put the issues right? It seems ridiculously high for the second. If the first, then that'd be quite an old car, with plenty of opportunity for perfectly legitimate age-related issues - so were you being realistic in your expectations of warranty coverage and legal recourse in the first place?

    3500 was the price of the car as was low mileage etc. The outcome was determined by them back then but they never told me and it was only revealed to me on Friday. The interim period I've been trying to raise it with them and the AA. The car was 5 years old with 65,000 miles on the clock. They declared no issues with the car, claimed they serviced the car as well for me as well. Warranty was only for 6 months but the warranty didn't cover the Boost Control. The garage claimed to of fixed it however they damaged other components during the repair creating more issues. So what I am trying to work out is whether or not I can get the original decision which they failed to tell me in writing or over the phone can be upheld to cancel my contract and get my money back
  • arcon5
    arcon5 Posts: 14,099
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    Doubt it.
    Even if you could you'd get nothing close to £3500 for it after all this time.
    They'll just consider your inaction as acceptance. You would have surely had a missed call.

    And if your now seeking a full refund I trust you haven't been using the car?
  • bigjl
    bigjl Posts: 6,457 Forumite
    How can you get your money back on a car you have owned for over 2 years?

    Sounds like you bought the car from a place that sells cars and also does its own finance, maybe with slightly higher than normal interest rates.

    Cars break, it's a fact of life.

    If you can't afford to run a car then it is best to stick with what your budget can suitably maintain.

    If they can prove they contacted you on the number they had for you and you never replied not sure how they can be blame.

    As you must be more than 50% of the way through the deal why not just VT the car.

    Or have you been using is constantly since purchase?
  • flashg67
    flashg67 Posts: 3,993
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    If you went to FOS, this normally means the company have already dealt with your complaint and issued their initial decision? If you then completed the FOS paperwork you should have had their decision communicated from FOS. Has this happened?
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