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Right to reject car that breaks down every week?

24

Comments

  • DoaM
    DoaM Posts: 11,863 Forumite
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    Agreed. With PCP you still have the option of owning the vehicle (or handing it back for no further payments, subject to condition/mileage/terms). With PCH then the vehicle is never yours and you're just hiring it.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DoaM wrote: »
    Agreed. With PCP you still have the option of owning the vehicle (or handing it back for no further payments, subject to condition/mileage/terms). With PCH then the vehicle is never yours and you're just hiring it.
    Why are you confusing things even further with mention of Contract Hire?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
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    mutzi wrote: »
    Forget section 75, it's not applicable here. Complain to the finance company, then the FOS. You can attempt legal action after that, but it will start to cost money then.
    Wrong, PCP and HP agreements are covered by Sect. 75 of the Consumer Credit Act.
  • DoaM
    DoaM Posts: 11,863 Forumite
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    edited 20 July 2017 at 10:01AM
    neilmcl wrote: »
    Why are you confusing things even further with mention of Contract Hire?

    To reinforce the difference between PCP/HP and contract hire, in case OP or others were conflating them. No confusion at all, except perhaps by the person reading the comment. ;)

    This may help others reading this thread:
    http://www.thisismoney.co.uk/money/cars/article-4469742/Why-won-t-car-finance-let-hand-PCP-vs-HP.html
  • 2 EGR Valve replacements, 2 instances of a "loose connection on the air-flow meter" and a further 2 instances that were described as being due to a "loose pipe on the engine"

    thats only 6 things by your topic title we are missing at least another 50 issues for it to be breaking down weekly :)
  • vancreef
    vancreef Posts: 42 Forumite
    DoaM wrote: »
    If the paperwork says HP then surely it's HP ... just with a slight twist (end-loaded payments). In which case the dealer is the seller and the finance company merely the method of payment. Therefore section 75 would apply. (AFAIK)

    (This method of finance makes the finance company the Owner - until all payments are complete - but you are the Keeper; I presume the V5C lists you and not the finance company as the keeper?)

    Yes. My name (well my wife's actually) on the log book.
  • vancreef
    vancreef Posts: 42 Forumite
    thats only 6 things by your topic title we are missing at least another 50 issues for it to be breaking down weekly :)

    It's broken down every week since its initial breakdown that was on the15th of May. It went unused for 2 weeks as we were away on holiday. :)
  • vancreef
    vancreef Posts: 42 Forumite
    We have just had news that the ECU now needs replacing. Apparently they've had a "lot of issues with them on this model of car". No doubt Toyota will still maintain that the car cannot be rejected as it does not have any "manufacturing faults".
  • vancreef
    vancreef Posts: 42 Forumite
    The ECU is out of rock until mid-August. TFS did say in their initial response to our Letter of Rejection, that they would respond with their proposal within 4 weeks, which should have been Wednesday and as yet we haven't heard anything other than what they have verbally told us which is basically to get lost. Are we now at point where we can involve the Motoring Ombudsman?
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 28 July 2017 at 10:11AM
    I'm a little confused. Given you only started this thread a little over a week ago when did you actually send them a formal letter of rejection?

    Unless you're having issues with the dealership then there's little point in going to the Motor Ombudsman, you'd be best is raising a complaint with the FOS as this relates to your finance co.

    You need to inform them that TFS are refusing to allow you to exercise your final right to reject your vehicle under the terms of the CRA.
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