PCP Finance- Replacement part needed

Peon

Hello,

I recently took out a PCP finance agreement (last Thursday).

Today I got a phone call saying the car needs a replacement part and shouldn't have been released to me without the part being replaced.

I was not aware of this when I bought the car.

Do I have any options in this situation to return the car, cancel finance agreement, get a refund, including deposit etc?

In my eyes the car was sold to me fully working and not needing any work done.

Shakin_Steve

Why do you want to return the car? Are you really concerned about the fact it needs a part or are you looking for a get-out?
I'm not that experienced in PCP, but is there a cooling off period? Read the T&C's, then ring the finance company/dealer, then start asking questions on here.

Peon

Shakin_Steve wrote: »

Why do you want to return the car? Are you really concerned about the fact it needs a part or are you looking for a get-out?
I'm not that experienced in PCP, but is there a cooling off period? Read the T&C's, then ring the finance company/dealer, then start asking questions on here.

Looking for a potential get-out, if it's there then I'd weigh up my options.

The finance agreement has a 14 day cooling off period but if I pull out of it, it just means I have to find some other way to finance the car.

Peon

Answering my own question sort of but I found a link "Your rights if something is wrong with your car" (can't post links yet).

So due to the vehicle not being 'as described' then I could reject it via the finance company.

It'll probably get rejected in the first instance as they did offer to replace the part and offered me a garage closer to where I live.

Unfortunately it isn't feasible time-wise for me to take it to a garage to get it fixed and the way I see it, it's not my problem that they didn't fit the part before they gave me the car. There's also the expense of transporting myself to and from the garage.

Nearlyold

Unfortunately it isn't feasible time-wise for me to take it to a garage to get it fixed and the way I see it, it's not my problem that they didn't fit the part before they gave me the car. There's also the expense of transporting myself to and from the garage.

Would have thought trying to reject the car would end up far more time consuming especially if the dealer and or finance company dig their heels in? What is the part that needs replacing? I'm assuming its a part that was found to be required on a PDI mechanical check then ordered and never fitted? I think you'll struggle with arguing the car was not as described, has the car failed in any way?

Peon

Nearlyold wrote: »

Would have thought trying to reject the car would end up far more time consuming especially if the dealer and or finance company dig their heels in? What is the part that needs replacing? I'm assuming its a part that was found to be required on a PDI mechanical check then ordered and never fitted? I think you'll struggle with arguing the car was not as described, has the car failed in any way?

It hasn't failed in any way. I'm not sure what the part is as they said some sort of sensor.

They didn't say how they discovered it needed a replacement.

Why do you say I may struggle with arguing the car was not as described?

Gaz83

Peon wrote: »

Why do you say I may struggle with arguing the car was not as described?

Because many car dealerships will argue that the grass is blue and the sky is green.

MrsTinks

Peon wrote: »

It hasn't failed in any way. I'm not sure what the part is as they said some sort of sensor.

They didn't say how they discovered it needed a replacement.

Why do you say I may struggle with arguing the car was not as described?

IN which case you're probably talking about a manufacturers recall - they should show up when you PDI a car but systems aren't perfect.
Unless this is a safety recall then I doubt you could do much about this in all honesty - you're arguing interpretation of a contract: get legal advice which will likely cost you a significant amount.

Or simply speak to the garage/finance company.


Depending on what sensor you could be talking about a rain sensor for automatic windscreen wipers, brake pad wear sensors or something in the engine itself - most modern cars have hundreds of them. It's really not a big deal unless it's in the center of your actual engine.

If you have a 14 day cooling off period and you have changed your mind then why not use that?

MrsTinks

What constitutes a fault under the Consumer Rights Act?

A fault does not have to be a problem that renders the car undriveable. According to the Act, the ‘goods’ (i.e. – the car) must be “of satisfactory quality, fit for purpose and free from any defect”.

In practical terms, if you are rejecting your car under the Consumer Rights Act then the fault has to be significant and one which prevents the car from doing its job properly. Cosmetic issues or minor faults which can be easily repaired are not enough to trigger your right to reject the vehicle.

On a new car, this is relatively straightforward as a new car should not have any faults. On a used car, the fault has to be significant given the car’s age and mileage. This obviously gets contentious, as what a buyer considers to be a ‘significant fault’ on a used car may be very different to what the seller thinks.

As already mentioned, cars are complicated machines, and a used car will have already suffered wear and tear before you bought it (that’s why it’s cheaper than a brand new car). If the matter was to go to court, a judge would take the car’s age and mileage into account and make substantial allowances – especially on older or higher-mileage vehicles.

Is your fault really a warranty issue?

If the fault is not preventing the car from doing its job, it is difficult to argue that you should be able to reject the car under the Consumer Rights Act. So minor issues are better resolved by other means.

If you have a new car, or an ‘approved’ used car from a franchised dealer, you should be able to resolve any minor problems via your new or used car warranty. Assuming that the fault can be fixed relatively easily, it is much less hassle to work with the dealer on resolving the issue through the car’s warranty.

The Consumer Rights Act also specifies that the fault has to have been present when you purchased the vehicle, rather than a problem which developed afterwards. This can be a difficult argument for both buyer and seller, especially since mechanical faults are rarely sudden failures and may have been present for considerable time before becoming evident. But it can be difficult to pinpoint whether a fault was present at purchase if you only noticed it weeks or even months afterwards.

If your problem happened (or is likely to have happened) as a result of damage or wear and tear during your ownership of the vehicle, you won’t be able to reject it under the Act. Again, it may be that you can have the problem fixed under warranty if applicable.

From http://www.thecarexpert.co.uk/rejecting-a-car/2/ Good luck arguing this one in a court - I think as it's a preventative recall by the sounds of it then you're really on a judgement call with a court...

foxy-stoat

Peon wrote: »

Answering my own question sort of but I found a link "Your rights if something is wrong with your car" (can't post links yet).

So due to the vehicle not being 'as described' then I could reject it via the finance company.

It'll probably get rejected in the first instance as they did offer to replace the part and offered me a garage closer to where I live.

Unfortunately it isn't feasible time-wise for me to take it to a garage to get it fixed and the way I see it, it's not my problem that they didn't fit the part before they gave me the car. There's also the expense of transporting myself to and from the garage.

Ask for a courtsey car while they fit the sensor, so its just the fuel there and back that you will be out of pocket.

If you want out of the finance then find a loan big enough to settle it, if you want out of the car then you will struggle based on the information you have supplied.