Financed car, issues once again.

Mikej92

Update #71891918176372910
dealer was given until close today by the finance company, to contact them back, once again, he refused and didn’t call them back, they have now passed it to dealer relations?

my car came back from the garage today, and as suspected, gearbox and timing chain issues, among a load of other silly things.

Starting to look like the dealer isn’t wanting to help at all.

born_again

Mikej92 said:

Herzlos said:

The warranty should apply from when you notified them of the problem, not when they look at it.

But it sounds like this dealership is just going to be a nightmare so I'd be pushing the finance company to let you reject it.

There is no “warranty”, apparently, they legally only have to give me 3 months, which I know is drivvle, as the motor organisation and all of consumers rights says 6 months.

they didn’t discuss one with me, so I think they’re trying to pull a fast one.

which won’t stand, as the finance are now on my side after sending them a multitude of proof regarding the miss selling of the vehicle from the start.

You are talking about the "Consumer Rights Act" there. up to 6 months. Which is not a warranty.

>

What does the Consumer Rights Act 2015 do?

This Act provides statutory protection for the purchase of new and used cars bought from a dealership. It states that items bought must be of satisfactory quality, fit for purpose, and as described.

Cars should be roadworthy, reliable and able to be used as you would expect, such as for short or long journeys.

The Consumer Rights Act 2015 will take account of the age and mileage of the car, so an older car will not be expected to be in the same condition as a newer car would be. The Act does not protect against wear and tear, or where a car breaks down through normal usage. It will only protect against problems with the car that you were not told about, or that emerge soon after buying it.

Timeframes to pay attention to

If a car develops a fault within the first 30 days of purchase, it is under statutory warranty and the buyer can simply reject it and return it to the dealer for a refund.

If a fault emerges between 30 days and six months from the date of purchase, the law assumes that the fault was pre-existing and, unless the seller can prove otherwise, the vehicle is still protected by statutory warranty. Here, the seller has one chance to fix the problem. If they do not manage to do that, the buyer is entitled to a refund, which may be less than the original purchase price to account for the time during which the car has been functional.

After six months, the automatic protection of the Consumer Rights Act 2015 expires. It is up to the buyer to prove that there was a fault with the car at the time of purchase if they want to pursue a dealer for a claim to repair a fault.

Note that the statutory warranty on a used car only applies here to cars bought from a dealer. Private purchasers enjoy none of this protection and the rules for cars bought at auction will depend on the particular auction house, and whether it was online or not.

Mikej92

born_again said:

Mikej92 said:

Herzlos said:

The warranty should apply from when you notified them of the problem, not when they look at it.

But it sounds like this dealership is just going to be a nightmare so I'd be pushing the finance company to let you reject it.

There is no “warranty”, apparently, they legally only have to give me 3 months, which I know is drivvle, as the motor organisation and all of consumers rights says 6 months.

they didn’t discuss one with me, so I think they’re trying to pull a fast one.

which won’t stand, as the finance are now on my side after sending them a multitude of proof regarding the miss selling of the vehicle from the start.

You are talking about the "Consumer Rights Act" there. up to 6 months. Which is not a warranty.

>

What does the Consumer Rights Act 2015 do?

This Act provides statutory protection for the purchase of new and used cars bought from a dealership. It states that items bought must be of satisfactory quality, fit for purpose, and as described.

Cars should be roadworthy, reliable and able to be used as you would expect, such as for short or long journeys.

The Consumer Rights Act 2015 will take account of the age and mileage of the car, so an older car will not be expected to be in the same condition as a newer car would be. The Act does not protect against wear and tear, or where a car breaks down through normal usage. It will only protect against problems with the car that you were not told about, or that emerge soon after buying it.

Timeframes to pay attention to

If a car develops a fault within the first 30 days of purchase, it is under statutory warranty and the buyer can simply reject it and return it to the dealer for a refund.

If a fault emerges between 30 days and six months from the date of purchase, the law assumes that the fault was pre-existing and, unless the seller can prove otherwise, the vehicle is still protected by statutory warranty. Here, the seller has one chance to fix the problem. If they do not manage to do that, the buyer is entitled to a refund, which may be less than the original purchase price to account for the time during which the car has been functional.

After six months, the automatic protection of the Consumer Rights Act 2015 expires. It is up to the buyer to prove that there was a fault with the car at the time of purchase if they want to pursue a dealer for a claim to repair a fault.

Note that the statutory warranty on a used car only applies here to cars bought from a dealer. Private purchasers enjoy none of this protection and the rules for cars bought at auction will depend on the particular auction house, and whether it was online or not.

Yes that’s correct.

list of issues 
1. owner discrepancy , advertised as one, logbook arrived and I’m the 5th (log book was delivered late December.

2. gearbox failing.

3. Timing chain tensioner failing.

4. Paintwork shabby (should of been advertised due to the severity of the damage)

5. fuel filler cap lock motor has failed.

6. brakes making clunking (dealer paid for this repair within the first 12 days, sound has now returned again).

7. dealer agreed a price, which I then put a deposit on, and got the finance agreed and put out against the car, only for the dealer to then contact me and say they can’t sell for agreed price and I would need to add a further £250 deposit (personally feel that I was then obligated to pay that to get the car, but I was stupid to carry through).

8. car was advertised with a full service history, along with service history for the DSG gearbox (40k intervals as guided in the owners manual).

there’s a number of issues, so I think I have a pretty rooted ground for rejection. 

Mikej92

Another question I wanted to ask.

With the car being rejected, will it be a simple case of the finance allowing me to choose a different car? Or will I need to reapply again?

Ectophile

Mikej92 said:

Another question I wanted to ask.

With the car being rejected, will it be a simple case of the finance allowing me to choose a different car? Or will I need to reapply again?

If the car is succesfully rejected, the finance on it will be cancelled.  It's then up to you to find another car and arrange finance on it.

Mikej92

Ectophile said:

Mikej92 said:

Another question I wanted to ask.

With the car being rejected, will it be a simple case of the finance allowing me to choose a different car? Or will I need to reapply again?

If the car is succesfully rejected, the finance on it will be cancelled.  It's then up to you to find another car and arrange finance on it.

That’s a ball ache.

Wonka_2

Mikej92 said:

there’s a number of issues, so I think I have a pretty rooted ground for rejection. 

You may have - but probably only under no. 1 & 8 - many of the above could be expected on a car of a certain age and could have been seen if you'd visited to view.  We understand why you didn't but you took a risk in doing that and should have been clear of your rejection rights under Distance Selling which you've now missed out on.

I'm assuming (hoping) you've done your due diligence on the dealer (reviews/companies house check etc) and what delaying tactics they may use ?

Hopefully the finance co side in your favour - if they do then hopefully the next purchase will be a bit more researched/checked 

Mikej92

Wonka_2 said:

Mikej92 said:

there’s a number of issues, so I think I have a pretty rooted ground for rejection. 

You may have - but probably only under no. 1 & 8 - many of the above could be expected on a car of a certain age and could have been seen if you'd visited to view.  We understand why you didn't but you took a risk in doing that and should have been clear of your rejection rights under Distance Selling which you've now missed out on.

I'm assuming (hoping) you've done your due diligence on the dealer (reviews/companies house check etc) and what delaying tactics they may use ?

Hopefully the finance co side in your favour - if they do then hopefully the next purchase will be a bit more researched/checked 

I definitely mentioned to the dealership and finance about my distanced selling rights.

the gearbox and timing chain should not be failing, this would be falling under a poorly maintained car (which is proven with the lack of history).

the timing chain is classed as a lifetime part, the tensioner is oil filled, meaning, if fresh oil is put in at the correct jntervals the tensioner survives.

again, the same with the gearbox, this should have been serviced and it hasn’t been, hence it failing I guess.

Wonka_2

Mikej92 said:

Wonka_2 said:

Mikej92 said:

there’s a number of issues, so I think I have a pretty rooted ground for rejection. 

You may have - but probably only under no. 1 & 8 - many of the above could be expected on a car of a certain age and could have been seen if you'd visited to view.  We understand why you didn't but you took a risk in doing that and should have been clear of your rejection rights under Distance Selling which you've now missed out on.

I'm assuming (hoping) you've done your due diligence on the dealer (reviews/companies house check etc) and what delaying tactics they may use ?

Hopefully the finance co side in your favour - if they do then hopefully the next purchase will be a bit more researched/checked 

I definitely mentioned to the dealership and finance about my distanced selling rights.

the gearbox and timing chain should not be failing, this would be falling under a poorly maintained car (which is proven with the lack of history).

the timing chain is classed as a lifetime part, the tensioner is oil filled, meaning, if fresh oil is put in at the correct jntervals the tensioner survives.

again, the same with the gearbox, this should have been serviced and it hasn’t been, hence it failing I guess.

But mentioning them and returning/rejecting the vehicle are two very different things - hence that ship has sailed

And all of the above become wear and tear - that may be because of poor maintenance but it'll be subjective and will muddy the waters - and in all cases you say they're 'failing' rather than 'failed' 

It's likely to come down to the finance company and their view of the issues vs age/price paid

ontheroad1970

IANAL, but misrepresentation might strengthen the case, re the number of previous keepers.