HELP NEEDED TO FIGHT CAR DEALERSHIP & SANTANDER CONSUMER FINANCE

Grumpy_chap

I did an internet search on the car and the stop/start not working and the results suggest the set temperature on the climate control must be within 3deg of actual cabin temperature or the stop/start disables.  Is that something you can try?

akabelson

Please see attached service/repair reports from the garage. The September one was when the vehicle was first in, where START/STOP was said to have been not working due to a wiring repair. When clearly it wasn't.

akabelson

Grumpy_chap said:

I did an internet search on the car and the stop/start not working and the results suggest the set temperature on the climate control must be within 3deg of actual cabin temperature or the stop/start disables.  Is that something you can try?

I have tried this also, my wife's car however works all the time. So is her car faulty? This is what I asked the finance company and they couldn't answer me. ACE Engineering were out from Santander to check all parameters and couldn't get the start/stop to work. I have tried tirelessly to get it work and it won't kick in at all

DiddyDavies

akabelson said:

I thought section 75 would only be available to me if i had paid by credit card? The finance company after speaking with them today again to try and re-open my case are firm in their decision that the fault developed after the point of signing the agreement. 

S75 applies to any form of credit such as credit card, HP, interest free credit or a loan providing that the credit is directly linked to the purchase.

dogshome

Hope your letter to the Fin. Ombudsman produces a good result - On a vehicle that has many proven Electrical Faults, the Finance Co's stance that the Stop/Start function was working when the agreement was signed, is pure lunacy and smells of " How-can-we- get-out-of-this" management.

Long time ago I supplied print to the Claims Dept of an Ins. Co, the work sheet for the Claims Handlers was headed DO WE HAVE TO PAY THIS CLAIM, followed by a list of 19 possible reasons to reject it.

The dating of events is interesting.

You bought the car on 3rd Sept 2020 and returned it for repairs on the 5th, which included the Stop/Start system - This is well within the the 30 days you had to reject the vehicle outright - With the Stop/Start still not repaired, your 30 day rejection clock is still ticking

/

Robbo66

My previous car an Alfa Giulietta had stop start and this never seemed to work and this was down to the ambient temperature had a minimum degrees temp to avoid draining the battery, also would only work when the battery was fully charged.

Has the dealership tried a brand new battery just in case the current one isn't reaching a full charge, short stop start journeys don't charge batteries fully.

k3lvc

Out of interest was it a Nissan Approved Used (Intelligent Choice ?) vehicle ? If so what have Nissan said and don't they have a specific complaints procedure for this ?

Jumblebumble

akabelson said:

and again...28th October, another e-mail before the car had to go back in for the 2nd time for faults, some still from the first time around:

28/10/2020 09:41

To:

•  Paul (surname removed)

Hi Paul,

Apologies in the delay with regards to acceptance as previously discussed.

I am however having the same issues with vehicle again and more.

I have been told by your service department that I need to wait until 30th November to get a courtesy car.

The start stop function of the vehicle is still not working.

The AC is still not cold, Luke warm at best.

The exhaust fumes I complained about are still apparent through the vents of the vehicle.

And now to top it all off, the cruise control has decided to stop working.

Is there anything that can be done as this is the second time I’m having to hand the vehicle back in for fixes.

I don’t want to have to hand the vehicle back and cancel my agreement but it appears this seems to be my only choice with the hassle this car is causing.

Am I correct that I can also contact Nissan directly with regards to this matter?

I am also sure I can take the vehicle to any Nissan dealer and they can fix the issues I am having as your service department are not willing to help in any way.

I look forward to hearing from you.

Kind regards

I would be asking ACE "How do you know?" in response to the assertion that "The wiring would not have been faulty at finance inception"
Sounds like a fobbing off fairy story to me.

akabelson

dogshome said:

Hope your letter to the Fin. Ombudsman produces a good result - On a vehicle that has many proven Electrical Faults, the Finance Co's stance that the Stop/Start function was working when the agreement was signed, is pure lunacy and smells of " How-can-we- get-out-of-this" management.

Long time ago I supplied print to the Claims Dept of an Ins. Co, the work sheet for the Claims Handlers was headed DO WE HAVE TO PAY THIS CLAIM, followed by a list of 19 possible reasons to reject it.

The dating of events is interesting.

You bought the car on 3rd Sept 2020 and returned it for repairs on the 5th, which included the Stop/Start system - This is well within the the 30 days you had to reject the vehicle outright - With the Stop/Start still not repaired, your 30 day rejection clock is still ticking

/

Hi,
I was told by Santander Consumer Finance that my 30 day period was over. So this is untrue then? I still have the period to reject the vehicle without penalty?

I have had some help from the scottish advice service online who gave me a template to use when writing a letter to the finance company again, if anyone could help me add anything more that might help my case?

Dear Sir or Madam

On 31/08/2020 I entered into a hire purchase agreement with your company for the purchase of a Used Car from Parks Motor Group Ltd.

Since then, I have had the following issues:

 Defective goods

 Breach of contract

I purchased a car from Parks Motor Group Ltd, however, no checks or inspections were carried out prior to the delivery. It was agreed that this would be carried out before delivery. Since delivery of the vehicle on Thursday 3rd September, I have had nothing but problems as there was a knocking noise coming from the front end when going over bumps or turning the steering wheel, the heated seats on both driver & passenger sides were not working, the start/Stop function was and still is not working, the air filter box was not secured properly and was rattling badly against the bodywork.

I also had issues with the rear right wheel speed sensor as it had been repaired to a substandard quality, causing a fault with regards to the ABS, traction control and the Hill Start function of the vehicle. The rear interior courtesy lights were also not working through use of the switches and the air conditioning was not ice cold as it should have been. I have made several attempts to raise my concerns but this has been to no avail.

The Consumer Rights Act 2015 states that any goods that I have purchased should be of satisfactory quality and free from defect. Given the issues highlighted above I don’t believe this to be the case. Under the Final Right to Reject, the responsibility is on you to disprove my allegations as it has been over 30 days but within six months since purchase.

Under this legislation, I am entitled to a repair or replacement to be carried out within a reasonable time. If this causes any significant inconvenience, I can either keep the goods at a reduced cost or I can exercise the Final Right to Reject for a refund or cancellation of my finance agreement with yourselves. I understand that there may be a reflection in the value of the refund due to the age and usage of the item as it is a car and as it has been over 30 days since purchase. However, any usage should be balanced out by the time the dealership has had the garage in its possession for previous attempts at repair and that I have continued to pay for the vehicle irrespective of my dispute with yourself and the dealership.

In this situation, I can also hold you in Breach of Contract under Contract Law. Based on the concerns I have highlighted above, I believe that this is the case.

Under this legislation, I can request that you honour the contract within a reasonable time. If this fails, I would be entitled to make a claim for damages under Scottish Common Law due to the consequential loss suffered and the significant inconvenience caused.

I ask that you respond in writing within 14 days of receiving this letter or I will be forced to look at taking further action.

 

Regards

akabelson

Robbo66 said:

My previous car an Alfa Giulietta had stop start and this never seemed to work and this was down to the ambient temperature had a minimum degrees temp to avoid draining the battery, also would only work when the battery was fully charged.

Has the dealership tried a brand new battery just in case the current one isn't reaching a full charge, short stop start journeys don't charge batteries fully.

yeah, they replaced the battery last week on the vehicles 3rd time at the garage for repair.