Finance Problem

wealdroam

jeffkenny wrote: »

I would guess she would have a claim against the finance company who sold her the Hire Purchase?

Not wishing to doubt you, but are you absolutely sure that it is a Hire Purchase Agreement and not a Personal Loan?
Have another look at the documentation.

I ask because the difference is important.

Here is another extract from that S75 article I linked too earlier:

Hire purchase is not covered under Section 75, though the redress process is similar. If you have a complaint about something you bought using HP, try to resolve it with the supplier. It has obligations under the Supply of Goods (Implied Terms) Act to ensure that the goods are of satisfactory quality, and as described.

If you can't resolve the complaint with the supplier, try the finance provider (the company you're making repayments to). It's also bound under the same Act to make things right with you, though what that actually means will depend on your complaint. If you're still not satisfied, you can take your complaint to the Financial Ombudsman.

Important! Check that you actually have a hire purchase agreement. Although it's still common for car finance, most stores selling electricals now offer in-store instalment credit (which is covered by Section 75) rather than hire purchase.

jeffkenny

daytona0 wrote: »

I didn't judge you.

I effectively said that, if your daughter is incapable of being personally responsible when entering into a credit agreement for 7.5k, she should be in someone else's care.

That's common sense. If someone cannot look after themselves due to a mental health issue then they need care of some sort. Be it the council, the NHS, yourself.




Good.



That is a completely separate issue to the mental health one, and is actually a very legitimate thing to explore.

How was the car described to your daughter? Does it meet that description? What did the dealership say?

If you ultimately believe that you were missold a car then send a letter before action and then take them to court.

I would suggest that saying, "Maybe your daughter needs a carer if she cannot make decisions by herself" IS being judgemental. She is a 25 year old with bi-polar, not a 25 year old with a mental age of two. Making a stupid financial decision doesn't equate not being able to look after herself! As I have already said above, people with bi-polar tend to make risky financial decisions when they are "up" that you or I would not necessarily make. That does not mean people with bi-polar need round the clock care! I thought Martin was a champion of people with mental health problems and their financial issues; he'd be shocked to read the responses to this post!

wealdroam

jeffkenny wrote: »

I thought Martin was a champion of people with mental health problems and their financial issues; he'd be shocked to read the responses to this post!

I'm sure you meant to say 'some of the responses'.

jeffkenny

daytona0 wrote: »

How was the car described to your daughter? Does it meet that description? What did the dealership say?

If you ultimately believe that you were missold a car then send a letter before action and then take them to court.

There is nothing in any of the history of the car regarding any accidents and the dealer is denying all knowledge. I don't think there's much point going after the dealer, so all I want to know is, is there a claim against the finance company for either mis-selling, or more likely, because of the accident history not being disclosed by the dealer?

jeffkenny

wealdroam wrote: »

I'm sure you meant to say 'some of the responses'.

Fair point....

jeffkenny

wealdroam wrote: »

Not wishing to doubt you, but are you absolutely sure that it is a Hire Purchase Agreement and not a Personal Loan?
Have another look at the documentation.

I ask because the difference is important.

Here is another extract from that S75 article I linked too earlier:

Yes, the very first line at the top of the agreement says, "Hire Purchase Agreement regulated by the Consumer Credit Act 1974".

martinsurrey

jeffkenny wrote: »

I would suggest that saying, "Maybe your daughter needs a carer if she cannot make decisions by herself" IS being judgemental. She is a 25 year old with bi-polar, not a 25 year old with a mental age of two. Making a stupid financial decision doesn't equate not being able to look after herself! As I have already said above, people with bi-polar tend to make risky financial decisions when they are "up" that you or I would not necessarily make. That does not mean people with bi-polar need round the clock care! I thought Martin was a champion of people with mental health problems and their financial issues; he'd be shocked to read the responses to this post!

I must say that I sympathise with you, you are looking out for your daughter.

But you cant have it both ways, claiming that the loan was missold because of her mental health issues, IS the same as saying she isn't capable of making her own informed decisions, and so needs care.

That is in no way judgemental, it follows from what you are trying to claim.

Now if you forget that side of your argument, you are then onto solely the issue of the quality of the goods.

How were the goods advertised, as in the description?

Have you had the car checked by a professional (so you have an expert report)?

what kind and age of car is it? (a £7.5k 10 year old BMW will have different expectations of quality than a £7.5k 2 year old Kia)

IAmWales

(Text removed by MSE Forum Team)

Are you going to tell us any more on what the dealer has said about the faults? Has the car been independently examined to confirm your thoughts?

MrsNubs

I'm nervous of posting on this thread with the direction it's taken, but I have to ask how the OP expects the car dealership to know that their daughter isn't capable of entering into a finance agreement due to her bipolar? You may know that people with bipolar make risky financial decisions, but I'm not sure you can expect everyone to know that. Your daughter is an adult, and as such is perfectly entitled to enter into a financial contract. You can't put a blanket ban on all bipolar sufferers taking on credit. Where do you draw the line? Can they have a mobile phone contract? Buy a house? Bipolar is not a reason to stop people living lives and making adult decisions, and it's not for salesmen to start policing what customer can and can't do. As long as the terms and conditions were fully explained to her, and she signed to say she understood them, I don't think the dealership have anything to answer in this respect.

Whether the car is as described or not is a separate issue, and the one you should probably be focusing on