Consumer Rights - Faulty Vehicle - Urgent Help Needed

cornwallparties

Good Morning,

I recently applied for Vehicle finance through a company called First Response Finance. I was awarded £7500 to buy a van. I went off and picked a van from a local van dealer. The finance company then paid them for the van, I take it home and pay the finance company each month for the van.

The van and finance was applied by me personally through my name and not my business, it was not purchased as a work van.

Van was working perfectly but then within 4 months the van is now not running. The RAC came out, plugged it in and immobilizer related codes came back. They towed it back to the dealer it came from. After 3 weeks of them trying to find out what is wrong with it, they have no idea, they have apparently ruled out the imobilizer, saying it was an ECU fault, had that send off, came back and didnt solve it, now think it is a software issue and have hit a stumbling block.

I have contacted Consumer Rights Helpline and each time I am given different information:

One said Under the Consumer Rights Act as it less than 6 months old the owness is on the finance company to repair the vehicle within a reasonable time and not causing major inconvenience to me or replace the vehicle.

Another said as it is a van it is the Sales of Goods Act matter and basically I am screwed as I have to prove the fault was their when I got the vehicle (which seems impossible) and without doing that I have got an expensive paper weight.

I have rang the Dealer and they weren't helpful, so then I rang the finance company who then started saying as I run a business and it is a Van there is nothing they can do. However I never purchased this van for my business and was a personal finance load agreement.

I am not getting anywhere and going round in circles.

Any help or advice would be great, thank you

hollydays

Why would you buy a van if not for your business?

neilmcl

Why would you buy a van if you're not using it for business purposes?

That aside, if it is indeed a consumer purchase then it will be covered by the Consumer Rights Act 2015, and as such the "onus" is on the dealer to prove the fault wasn't there when you purchased the van. The finance company would also be jointly and severally liable so you may be able to make a claim against them as well. Is this an HP finance agreement or credit agreement, ie, loan?

Alter_ego

What is the VAT status of the van? VAT paid?

cornwallparties

VAT paid, all vans have to charge VAT. I know lots of people including myself who have vans for personal use, surfers, windsurfers, my mum with her dog shows etc. If I had brought the van for business I would have done it through the business. This was done personally in my name not my business name.

If it is consumer Rights Act I am laughing but if it is not I am confused on rights I do have

neilmcl

So what do you use the van for?

Your dealer has one attempt at repair, after this you will be entitled to a refund, albeit with an amount taken off for the usage you've had from it. Also, you haven't answered the question above, was the van purchase via a finance loan or is it an HP agreement?

societys_child

I rang the finance company who then started saying as I run a business and it is a Van there is nothing they can do

If you can show the van is insured for private use only and not business use, it may help?

pinkshoes

hollydays wrote: »

Why would you buy a van if not for your business?

We have a van.

BIL has a van.

Lots of people have vans for personal use!

Loads of room in the back for dogs and kids stuff, and especially useful if you want to go and collect something BIG!

They are just more flexible than a people carrier.

neilmcl

pinkshoes wrote: »

We have a van.

BIL has a van.

Lots of people have vans for personal use!

Loads of room in the back for dogs and kids stuff, and especially useful if you want to go and collect something BIG!

They are just more flexible than a people carrier.

But the OP clearly said he has a business and it seems a bit odd that he tells us what everyone else would need a van for privately but fails to mention what he has one for, if not for work. If I was being cynical I'd might have the view that he's deliberately bought the van in his own name in some attempt to keep it off his business's books yet still has a view of using it solely for work. I can understand why the finance co. are a tad sceptical.

bris

I he has another vehicle for the business then fair enough, but I'm guessing he knows the difference between B2B and C2B so goes with that.
Just playing devils advocate here but they would want to see proof another vehicle was indeed used for the business.


This is usually done with insurance certificate on the other vehicle which shows business use and what type of business its insured for.


So OP if you want to put them right on this all you need to do is prove to them you have other transport for your business and explain to them why you use the van personally.

First_Response_Finance

Hi Cornwallparties,

It looks as though there may have been a bit of miscommunication here as we may still be able to help. Our team are still looking into your rights and what we may be able to do.

Please give our Customer Experience Team a call when you have chance and we can update you with our progress. Their number is 0115 946 6368.

Thanks,

First Response Finance