Finance company issue

jaydevon

I bought a van on finance ( hire purchase) the van has a fault that no one can find 

There is talk about the finance company cancelling the agreement and the van being returned. 

I don't want this. The van is my business without it for even a few days puts my business in a very poor position and I will lose work/contracts.
Re purchasing another van also isn't so simple as mine is a 72 plate. And I don't want an older van. And as I'm a business I have to pay vat up front etc.

I cant find anything on line about my rights/position on such an event.  Does any one have any advice?

goater78

Don’t see what option would help you really. If you won’t let them return the van and the van can’t be fixed don’t know what other option you’ve got. 

Brie

It sounds like you want another HP contract in place to purchase another van before the first is returned.  Will the finance company agree to this as they obviously know what is happening??

I think one of the difficulties may be that consumer rights for an individual are different from those for a business.  

born_again

So did you go to the finance co, as retailer is not fixing the van?

Also you do not have the same rights as a consumer. As this is a B2B transaction

tightauldgit

I suspect you aren't going to have much choice in the matter but it really would depend what your agreement with the finance company says and/or what people are willing to offer out of goodwill. The van belongs to the finance company so if they decide its going back then it's going back. 

What exactly do you want them to do though? If the fault cant be fixed what's the alternative solution to returning it? 

jaydevon

A replacement van would be the ideal out come however due to the spec of my van, and current wait times on new vans that's not going to be straight forward.
I also have to consider miles I've put on mine etc 

Or they provide a replacement van until everything is resolved.
Although on current form the fleet van they gave me broke down with in 24 hours ( couldn't make this up)

Yes I'm aware it's all different as it's a business transaction. 

So I went to nissan first with a complaint, I was not making much head way so I went to the finance company. They are near to the end of the 8 weeks to resolve the issue. ( payments always kept up)

born_again

As you went to finance co to resolve, that is exactly what they have done. Put you back in the position finance wise before the purchase.
That is all they can do under S75. They can not provide you with a new van, that is not part of the agreement. That is how S75 works. So even if you refuse this & go to FOS. You will not get a van & will have wasted many more months to get the same result.

If you want the van fixed then you need to continue with the seller & manufacture & tell finance co it is resolved. But even then, if they can not find & fix the fault. They may simply say, hand the keys back & that is the end of the matter. Warrantees d not offer compensation for not being able to use the van. 

tightauldgit

jaydevon said:

A replacement van would be the ideal out come however due to the spec of my van, and current wait times on new vans that's not going to be straight forward.
I also have to consider miles I've put on mine etc 

Or they provide a replacement van until everything is resolved.
Although on current form the fleet van they gave me broke down with in 24 hours ( couldn't make this up)

Yes I'm aware it's all different as it's a business transaction. 

So I went to nissan first with a complaint, I was not making much head way so I went to the finance company. They are near to the end of the 8 weeks to resolve the issue. ( payments always kept up)

I think the only way you are going to get a replacement van is to get your money back and buy one. A finance company isn't in the business of sourcing vans. 

At the end of the day all anyone can do is put you back in the position you would have been before buying the van. I appreciate that it causes a lot of inconvenience for your business but can you hire a van to tide you over? If you wanted compensation for costs or the like then i think you'd have to demonstrate that either the manufacturer or finance company have breached their contract with you or acted negligently, which it doesn't appear they have done. 

It's just one of those things that sometimes happens. 

jaydevon

tightauldgit said:

jaydevon said:

A replacement van would be the ideal out come however due to the spec of my van, and current wait times on new vans that's not going to be straight forward.
I also have to consider miles I've put on mine etc 

Or they provide a replacement van until everything is resolved.
Although on current form the fleet van they gave me broke down with in 24 hours ( couldn't make this up)

Yes I'm aware it's all different as it's a business transaction. 

So I went to nissan first with a complaint, I was not making much head way so I went to the finance company. They are near to the end of the 8 weeks to resolve the issue. ( payments always kept up)

I think the only way you are going to get a replacement van is to get your money back and buy one. A finance company isn't in the business of sourcing vans. 

At the end of the day all anyone can do is put you back in the position you would have been before buying the van. I appreciate that it causes a lot of inconvenience for your business but can you hire a van to tide you over? If you wanted compensation for costs or the like then i think you'd have to demonstrate that either the manufacturer or finance company have breached their contract with you or acted negligently, which it doesn't appear they have done. 

It's just one of those things that sometimes happens. 

The finance is through the manufacturer so a little different to normal.

I can hire a van yes, but the issue is I wpuld need to insure it myself and it makes a normal hire complicated ( I have to be insured for hire and reward).

Realistically I agree with what you say however my monthly payments are less than the cost of van hire. And I've put the miles on my van so that's fair.

I'm now vat registered so can't argue thar cost.

I have lost money on time spent at garages, not being able to trust the vans, so not doing normal work in them etc. 
And stress...omg.

One of the things I do have against them all is my calls recorded and they do this. So I can prove some of the utter rubbish I've been told. And stupid suggestions 
Don't go to work...erm I loose contracts and my business.
We can offer a pick up truck.
The corner...we can offer you a flat bed.

I wasn't very polite on the last one I have to say...

born_again

jaydevon said:

tightauldgit said:

jaydevon said:

A replacement van would be the ideal out come however due to the spec of my van, and current wait times on new vans that's not going to be straight forward.
I also have to consider miles I've put on mine etc 

Or they provide a replacement van until everything is resolved.
Although on current form the fleet van they gave me broke down with in 24 hours ( couldn't make this up)

Yes I'm aware it's all different as it's a business transaction. 

So I went to nissan first with a complaint, I was not making much head way so I went to the finance company. They are near to the end of the 8 weeks to resolve the issue. ( payments always kept up)

I think the only way you are going to get a replacement van is to get your money back and buy one. A finance company isn't in the business of sourcing vans. 

At the end of the day all anyone can do is put you back in the position you would have been before buying the van. I appreciate that it causes a lot of inconvenience for your business but can you hire a van to tide you over? If you wanted compensation for costs or the like then i think you'd have to demonstrate that either the manufacturer or finance company have breached their contract with you or acted negligently, which it doesn't appear they have done. 

It's just one of those things that sometimes happens. 

The finance is through the manufacturer so a little different to normal.

I can hire a van yes, but the issue is I wpuld need to insure it myself and it makes a normal hire complicated ( I have to be insured for hire and reward).

Realistically I agree with what you say however my monthly payments are less than the cost of van hire. And I've put the miles on my van so that's fair.

I'm now vat registered so can't argue thar cost.

I have lost money on time spent at garages, not being able to trust the vans, so not doing normal work in them etc. 
And stress...omg.

One of the things I do have against them all is my calls recorded and they do this. So I can prove some of the utter rubbish I've been told. And stupid suggestions 
Don't go to work...erm I loose contracts and my business.
We can offer a pick up truck.
The corner...we can offer you a flat bed.

I wasn't very polite on the last one I have to say...

Finance is just that, it does not matter who supplies it.

It is provided by  RCI FINANCIAL SERVICES LIMITED

jaydevon

I thought I'd come back and update this.
So the van continued to pull, nissan continue to deny it. It may this year the whole thing was reignited. 

Nissan wouldn't authorise me to have the van at by a 3rd party. 

The van has now been in several dealerships several times had the wheel alignment done and still goes to the left. 

I had a inspection report carried out by ACE. Which picked up and noted the pull to the left and advised it needed looking at and shouldn't be driven. 

Van finally successfully rejected. Nissan had their own inspection carried out which I have not been given the road test info for.

Nissan refuse to give me so much as a penny back and if I wouldn't accept that then I had 7 days to collect the van. 
Ok I say has it been fixed?
Of course not. 

Yesterday I'm told by the finance company that the rear axel needs replacing I was somewhat shocked. But I was in for a !!!!!! shock when I was told I had refused this in 2023. 

This is not true. I have asked rci to get evidence of the van being diagnosed and if the conversation where i refused the repair.

So today I went to Exeter nissan and double checked all the system records. They know nothing about a warranty claim for a rear axel.  
Further more they are adamant the van is not there and that it was collected.

I'm at my wits end this has almost cost me my business and sanity.

I can not use the financial or motor ombudsman due to van value and being commercial. 

When you have a manufacturer making up lies what the hell do you do?

Anyone have any ideas what else to try?