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Rights on returning car on finance
Please could someone advise...
My Son purchased a car via an on line finance company. He searched online for the car and the finance company paid the dealer then my Son had to collect the car.
After a week my Son noticed the engine light flashing which was the start of a number of things going wrong. My Son phoned the finance company who advised him to get a diagnostic check which he did and explained that he wasn't happy with all the cars faults and wanted to return it. The finance company told him he was in his rights to return the car if he wasn't happy. I explained to my Son to get a paper trail so that he had proof so he emailed (now he has proof of conversation etc). The finance company told him to return the car to the dealer and that they were expecting my Son. When he got there the dealer said he had no such conversation and that he would arrange for all faults to be done. My Son explain that he wasn't happy with the car and wanted to return it and that the finance company had told him he could do so.
This has been going on for nearly a month now and the finance company had told my Son that they were under the impression that the car had been returned and had been waiting for my Son to get back to them.
The dealer has asked my Son to take the car to him to get the repairs done and that the finance company have nothing to do with the arrangements.
Sorry if I haven't made it very clear but anyadvice would be appreciated
Thank you
Comments
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The finance and the purchase are largely separate, with the exception that the finance company owns the car so can exert more pressure on the dealer.
The dealer has a right to attempt a repair on the car first, and if that's not satisfactory your son can reject the car.
Where is the car now? What was wrong with it? Has the dealer done the work? Has your son been keeping the finance company updated? Who are the dealer and finance?0 -
For any meaningful advice you need to provide a timeline of purchase & faults. When contact was made with dealer & finance co.
As there are timeframes where the advice is different.
Life in the slow lane0 -
"… The dealer has a right to attempt a repair on the car first, and if that's not satisfactory your son can reject the car…"
The dealer has no right to attempt a repair if the son is exercising his short-term right to reject. Unfortunately the OP has not seen fit to give any dates.
1 what date did your son buy the car?
2 what date did he contact the finance company and what date did they tell him he could reject it?
3 what date did he visit the dealer to reject and to return the car?
4 what date did the dealer tell him he would repair the car, and did your son agree to the dealer trying to repair it or did your son insist on a full refund?
5 presumably your son took the car back from the dealer?
6 exactly what has "… been going on for nearly a month now."?
The dates are imporatnt here as they determine what remedy or remedies your son does or does not have.
Has your son told the finance company that the dealer refuses to accept the rejection?
If your son has exercised his short -term right to reject for a full refund (depends on the dates) then he really ought to tell the finance company to sort this out with the dealer. They own the car, it's their problem
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Is he still driving it around?
1 -
Good point - I forgot to mention that.
@pantherkaz - Your son should have stopped using the car from the moment he rejected it and it's arguable that he should have left it at the dealer's when he took it back to them.
Has he been using it since?
Also, it's often said that if you are rejecting a car then you must return it to the dealer. That's not true. Unless you have agreed to return it (look at the sales agreement) all you need to do is to notify the dealer of rejection amd make it available for them to collect.
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