Consumer rights faulty used vehicle!!!

shaun_from_Africa

gravelrash, when did you purchase the car and did you buy it as a private consumer or was it bought as a business related purchase?

neilmcl

DoaM wrote: »

Yes he can ... section 75 of the CCA means the finance company are equally liable with the seller for the performance of the contract - including rights conferred by statute.

You misunderstand. The OP is not owner of the car, the only ones who can legally reject the vehicle is the party to the contract of sale, in this case the finance company!

neilmcl

gravelrash wrote: »

I have similar problem tried to reject used car after dealer had done bad repair and not repaired other faults ,dealer will not accept I have right to reject car the under 2015 consumer protection law. ok tried credit card company I used to buy car who say they are investigating under section 75 of consumer credit act 1974. credit card Virgin say they are exempt from 2015 law, asked for this in writing reply was the don't have the facilities to do this. I have also been told by virgin that unless I accept further repair they will close the case.
I have spoken to trading standards ,financial services ombudsman and financial services authority who all say they don't give specific legal advice or in other words they don't know .
If I have the same rights with credit supplier as trader then this should mean I can reject car from credit supplier . am I right ?

Can you please start your own thread with all the facts necessary and I'm sure someone will be along to help.

steampowered

neilmcl wrote: »

You misunderstand. The OP is not owner of the car, the only ones who can legally reject the vehicle is the party to the contract of sale, in this case the finance company!

The Consumer Credit Act provides as follows:

Part VI
Matters Arising During Currency of Credit or Hire Agreements

75 Liability of creditor for breaches by supplier.

(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
(2)Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.

david_a

The fact that 3 injectors have needed replacing at 16000 miles suggests that a previous owner may have put petrol in.

DoaM

neilmcl wrote: »

You misunderstand. The OP is not owner of the car, the only ones who can legally reject the vehicle is the party to the contract of sale, in this case the finance company!

As can be seen - no I don't misunderstand.

steampowered wrote: »

The Consumer Credit Act provides as follows:

Part VI
Matters Arising During Currency of Credit or Hire Agreements

75 Liability of creditor for breaches by supplier.

(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
(2)Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.

In almost ANY finance arrangement (other than perhaps credit card) the finance company owns the goods until the credit arrangement is paid off. That doesn't in any way affect the debtor's rights.

neilmcl

steampowered wrote: »

The Consumer Credit Act provides as follows:

Part VI
Matters Arising During Currency of Credit or Hire Agreements

75 Liability of creditor for breaches by supplier.

(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor.
(2)Subject to any agreement between them, the creditor shall be entitled to be indemnified by the supplier for loss suffered by the creditor in satisfying his liability under subsection (1), including costs reasonably incurred by him in defending proceedings instituted by the debtor.

Two things, firstly the "debtor" in this case hasn't a contract with the supplier to breach, that contract is between the dealer and finance co. Secondly, as I've already said the OP (debtor) has to work with the finance co. (creditor) to reject the car and therefore any losses suffered will be indemnified, I've not said otherwise.

neilmcl

DoaM wrote: »

As can be seen - no I don't misunderstand.



In almost ANY finance arrangement (other than perhaps credit card) the finance company owns the goods until the credit arrangement is paid off. That doesn't in any way affect the debtor's rights.

I never said it did, however as I keep telling you the right to reject belongs to the finance co! :wall:

wealdroam

neilmcl wrote: »

...the right to reject belongs to the finance co! :wall:

In this context, is the finance company acting as a consumer?

If not, I cannot see how rights conferred by The Consumer Rights Act have any relevance.

In turn, does this mean that the CRA's short term right to reject cannot be used with any purchase made on credit, beit credit card or otherwise.
Surely that isn't so?

neilmcl

wealdroam wrote: »

In this context, is the finance company acting as a consumer?

If not, I cannot see how rights conferred by The Consumer Rights Act have any relevance.

In turn, does this mean that the CRA's short term right to reject cannot be used with any purchase made on credit, beit credit card or otherwise.
Surely that isn't so?

Not at all. There's big difference between buying something on credit and hiring something on credit. Clearly using credit to buy something you are the purchaser and owner of the goods, you're not the owner of a car on a PCP or HP agreement until you've settled the finance. Not saying the OP doesn't have rights, far from it, but the onus is on the finance co to handle the rejection I believe.

I'm prepared to be totally wrong btw but that's how I understand it.