Short Term Right To Recect - MotoNovo Finance

DLGOURLAY

So, I bought a car financed by MotoNovo Finance about 5 weeks ago. I had the car back to the dealer exactly one week after purchase after I noticed the car shaking/bobbling when I got it on to a motorway for the first time. He said he had the wheels re-aligned. A few days later I realised he had infact NOT fixed the problem.
I was going on holiday that day so decided to wait and contact him again 4 days later upon my return. HOWEVER. When driving home from the airport I noticed a draft and wind noise coming in my drivers door. Upon further inspection I noticed my drivers door sits very slightly ajar from the rest of the bodywork - hence, the door isn’t sealing properly. I reported both problems to him when I eventually got a hold of him (after 3 days of trying) and he said the door would just need adjusted and he’d have it dealt with but ONLY once he got home from his holiday...which he said was in 3 weeks time. This was clearly unacceptable. I ended the call and did some digging. So, from doing an HPI check on the vehicle, I noticed that the car had its first MOT in February 2018, eventually passed but with front and back shockers leaking as advisories. I then seen that the car was MOT’d again in August, 2 days before sale of the vehicle to myself - it passed with no advisories. This seemed fishy to me. Once realising this I decided to reject the vehicle as I believed the MOT wasn’t carried out to any standard at all AND/OR he got his mate to bash other through for him. The dealer all of a sudden was willing to get the car looked at and repaired within 2 days. By this point I just wanted my money back. I put ina Vehicle Quality Conplaint with MotoNovo Finance, got 2 independent mechanics checks done on the vehicle to which both came back with the same findings - A heavily worn wheel bearing (the reason for the car rattling about) and surprise surprise BOTH front and back shockers were leaking (still) even though the August MOT (carried out 3 weeks earlier) showed no advisories whatsoever. I submitted both of these checks to MotoNovo for their case. Now, 3 weeks after putting in my complaint to MotoNovo, the dealer is still digging his heels in and MotoNovo now want their own independent mechanic to look over the vehicle.

The car is a 2014 VW Golf tdi GT.

Can anyone shed any light on this issue?

Are MotoNovo dicking me around?

Should I just begin legal preceedings?

Any advice would be great!!

Thank you

neilmcl

What type of finance is this - HP, loan?

I'm guessing it's some form of HP or PCP agreement therefore Motonovo are the owner of the vehicle and as such they are not "dicking you around" and fully entitled to get it looked at themselves in order to make the decision on whether it should be rejected or not.

DLGOURLAY

It’s a HP loan agreement.

Thank you for that, I see where you’re coming from. I guess I’m just a little bit suspect as to why they don’t believe the 2 independent checks I have already had carried out. I asked them if that if their own mechanic finds the same issues should that then be enough for them to accept my rejection and they said it would depend on a number of factors. It just all seems a bit fishy, like they’re gunning for a reason to side with the dealer. I’ve explained to them that any mechanic in the world would advise them that a heavily worn wheel bearing is not only dangerous but is something that doesn’t happen over night and would therefore have been there at the time of sale since I reported the problem within 4 days.

I suppose I’ll kust have to see what they say once they’ve had someone look at it.

I’ve no problem getting another 10 mechanics give me an independent report.

DoaM

Irrespective of invoking a Section 75 claim with the finance company (which is what you've effectively done), under the Consumer Rights Act 2015 you have a Final Right to Reject if the goods still don't conform to contract after one repair attempt. Remind the finance company of this fact ... they are jointly liable with the seller for the performance of the contract (under Section 75 of the Consumer Credit Act).

DLGOURLAY

Thank you for this information mate. I’ve forwarded it on to the finance company. The more they think I know the better I say!

DLGOURLAY

Out of curiosity, should MotoNovo decide to accept my rejection of the car, besides from the 14p per mile fee I would be liable for are there any other ‘termination of contract’ fees they might try to incur given the circumstances? Thanks

neilmcl

DLGOURLAY wrote: »

Out of curiosity, should MotoNovo decide to accept my rejection of the car, besides from the 14p per mile fee I would be liable for are there any other ‘termination of contract’ fees they might try to incur given the circumstances? Thanks

Your excess mileage rate, termination fees are irrelevant, your not terminating the agreement because the contract is in breach.

unholyangel

DLGOURLAY wrote: »

Out of curiosity, should MotoNovo decide to accept my rejection of the car, besides from the 14p per mile fee I would be liable for are there any other ‘termination of contract’ fees they might try to incur given the circumstances? Thanks

As neil says, they're in breach of contract. That means that you shouldn't be in a worse off position (compared to the position you would have been in had the contract not been breached) and that if you are, they are liable for those losses. In other words, if there are any reasonable costs you incur as a result of their breach of contract, then the trader (and by proxy the finance company under s75) is liable for those costs, not you.

DLGOURLAY

Neilmcl & unholy angel - Thank you both! Great advice

theonlywayisup

Do come back to update with any further developments or [hopefully] a resolution.

DLGOURLAY

The independent inspection is to take place tomorrow and I’ve just read up on the company MotoNovo has chosen to carry out the inspection. Automotive aconsulting Engineers Ltd (ACE) is the name of the company and from reading their google business reviews there I am less than confident about how the inspectors report is going to look. They have more 1star reviews than 5star and sound less than inpartial nor do they seem thorough. They aim to please whomever is paying for the inspection (MotoNovo).

Do you have any advice on what to say to MotoNovo in the event that ACE whole heartedly make up a bias report for them?

Thanks