hp car is a "ringer" & an import

U105

My friend bought a car from a car dealer about 6 months ago useing a finance company -25k.

Turns out that the car is a ringer & is also an import.

Dealer & Finance Company dos`nt want to know. Trading Standers has been informed & will probaly go through the procedure however they indicate that should a case go to the courts it would most likely end up in the High Court & could take up to 3 years.

The finance company are still taking their monthly payments and refuse to get involved or help out.

Any suggestion on this one!

Regards U105

iolanthe07

I am afraid it sounds as if your friend has been well and truly shafted. He/she needs to get in touch with Citizens Advice or a solicitor as soon as possible; there may be some joint liability with the dealership, but the finance company will just want their money paid on time and will claim that it is not their fault that your friend is an apparent victim of fraud.

jonesMUFCforever

I agree with above poster.
The buying of the car from the trader is one thing but the finance is another.
The finance company have not done anything wrong - the OP has to take his grievance to the trader.

stumpjumper

The dealer could be persued under the sale of goods act as the goods (car) wasn't fit for purpose or as described. The fiance comapany could be also hels liable under the consumer credit act. Best get some good legal advice on this one.

jonesMUFCforever

stumpjumper wrote: »

The dealer could be persued under the sale of goods act as the goods (car) wasn't fit for purpose or as described. The fiance comapany could be also hels liable under the consumer credit act. Best get some good legal advice on this one.

Can you please advise how the finance company is liable under the CCA ?

djwolf

This sounds like a very unfortunate situation but as stated it is not the fault of the finance company and they want their money back. £25k is a lot of money to owe. Try CAB and solicitors for advice first.

DesG

Under the provisions of the Consumer Credit Act, credit providers may share liability for any breach of contract or misrepresentation by suppliers of the goods or services which have been financed (even partially) by the credit.

The relationship between supplier and credit provider determines whether the provisions apply. Responsibility is shared if:

• the cash price of the item is over £100 but not more than £30,000
• the credit agreement is regulated under the terms of the Act
• credit is granted in the course of the provider's business
• credit is advanced under arrangements between the credit provider and supplier of goods or services.

For further reading :- http://www.oft.gov.uk/shared_oft/reports/consumer_credit/oft303.pdf

Cheers, Des.

jonesMUFCforever

I would be very suprised indeed if OP got anywhere with the finance company about this.

bigstevex

How did the dealer describe the car? Hpi checked etc? Any type of guarantee or warranty? Lastly, i know its not relevent but what car was it (25K is a fair bit to spend on a car without doing checks on its history, which would have shown up the import bit straight away)?
Police probably need informing about the dealer it came from and lastly they shouldn't be driving the car at all as its most likely unsafe and could be taken off them if its discovered to be someone elses car etc!

dollarjon

If its a ringer then the police will have to be informed, they will want to talk to the dealer also.

withabix

If the car has been 'purchased' on HP and not a Credit Agreement, then it IS the HP finance company's problem, as they own the car until you've finished paying for it.

It isn't as described, so you MUST have some rights to give it back.

Get the Police involved if it's a ringer.