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Rights on a faulty car

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  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Used cars...

    I've no doubt I could construct an argument in favour of the consumer over the dealer

    I've no doubt I could construct an argument in favour of the dealer over the consumer

    I've no doubt the lunatic, tightauldgit, ditzy mitzy and probably Grumpy chap coauld all do the same.

    But I've no idea what would be right...

    I think the consumer probably ought to prevail...

    But I can't help thinking that used cars are different "in nature" from other, usually brand new, consumer products...

    I give up on used cars.  I'm not comfortable saying what the law is or might be.
  • DarloTerrier
    DarloTerrier Posts: 17 Forumite
    10 Posts First Anniversary Name Dropper
    Update:
    Warranty company and dealer not interested.
    Finance company are giving me a loan to cover 75% of the repair costs, which will be added on the end of my finance deal. I need to pay the remaining 25%.

    Not an ideal situation but had little option.

    I will still be putting in a complaint to the dealer using the CRA framework.
  • Update:
    Warranty company and dealer not interested.
    Finance company are giving me a loan to cover 75% of the repair costs, which will be added on the end of my finance deal. I need to pay the remaining 25%.

    Not an ideal situation but had little option.

    I will still be putting in a complaint to the dealer using the CRA framework.
    OP did you advise the finance company you wish to pursue a Section 75 claim as the car does not conform to the contract?
    In the game of chess you can never let your adversary see your pieces
  • DarloTerrier
    DarloTerrier Posts: 17 Forumite
    10 Posts First Anniversary Name Dropper
    Update:
    Warranty company and dealer not interested.
    Finance company are giving me a loan to cover 75% of the repair costs, which will be added on the end of my finance deal. I need to pay the remaining 25%.

    Not an ideal situation but had little option.

    I will still be putting in a complaint to the dealer using the CRA framework.
    OP did you advise the finance company you wish to pursue a Section 75 claim as the car does not conform to the contract?
    No but I will do :)
  • Grumpy_chap
    Grumpy_chap Posts: 18,267 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Update:
    Warranty company and dealer not interested.
    Finance company are giving me a loan to cover 75% of the repair costs, which will be added on the end of my finance deal. I need to pay the remaining 25%.
    That means you are paying 100% of the repair cost plus interest on 75% of the repair cost.  Did I read that correctly?
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Update:
    Warranty company and dealer not interested.
    Finance company are giving me a loan to cover 75% of the repair costs, which will be added on the end of my finance deal. I need to pay the remaining 25%.

    Not an ideal situation but had little option.

    I will still be putting in a complaint to the dealer using the CRA framework.
    I know @the_lunatic_is_in_my_head has advised you to tell the finance company that you want to make a s75 claim (which I think is the correct advice) but what arguments have you actually made to the dealer and finance company so far?

    Have you referred at all to your statutory consumer rights under the Consumer Rights Act 2015 (legislation.gov.uk) yet?

    (For various reasons I'm not 100% convinced myself that you do have a remedy under the legislation but I'm wondering how strong your arguments so far have been.  I thought you might have a clear "not as described" case with the car being advertised as "MOT - no advisories", but was the only undisclosed advisory the tyres?  I'm not sure if that's enough or not...)
  • Alderbank
    Alderbank Posts: 3,897 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Update:
    Warranty company and dealer not interested.
    Finance company are giving me a loan to cover 75% of the repair costs, which will be added on the end of my finance deal. I need to pay the remaining 25%.

    Not an ideal situation but had little option.

    I will still be putting in a complaint to the dealer using the CRA framework.

    Have you referred at all to your statutory consumer rights under the Consumer Rights Act 2015 (legislation.gov.uk) yet?

    The OP said 'I will still be putting in a complaint to the dealer using the CRA framework.'

    Does '
    CRA framework' mean Consumer Rights Act 2015?
    If so, how do you use it to put a complaint to the dealer?
  • Wonka_2
    Wonka_2 Posts: 896 Forumite
    Part of the Furniture 500 Posts Name Dropper Combo Breaker
    Update:
    Warranty company and dealer not interested.
    Finance company are giving me a loan to cover 75% of the repair costs, which will be added on the end of my finance deal. I need to pay the remaining 25%.

    Not an ideal situation but had little option.

    I will still be putting in a complaint to the dealer using the CRA framework.
    Are you able to share who the finance company are ? It seems a strange response unless it's something they're used to happening i.e. selling cars of dubious provenance then lending further to enable repairs ? 
  • born_again
    born_again Posts: 20,426 Forumite
    10,000 Posts Fifth Anniversary Name Dropper
    Given OP 1st post & 
    Purchased a car through a finance company on 13th February. Had to use their recommended garage. 

    Naming them will help. Just so people can look at their T/C & also if they are regulated. 
    Life in the slow lane
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Wonka_2 said:
    Update:
    Warranty company and dealer not interested.
    Finance company are giving me a loan to cover 75% of the repair costs, which will be added on the end of my finance deal. I need to pay the remaining 25%.

    Not an ideal situation but had little option.

    I will still be putting in a complaint to the dealer using the CRA framework.
    Are you able to share who the finance company are ? It seems a strange response unless it's something they're used to happening i.e. selling cars of dubious provenance then lending further to enable repairs ? 
    I suspect that may be their business model...
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