Motor finance/ consumer rights 2015

pjm79

also with what caused the bottom end failure also under the consumer rights act the issue is presumed to be there at time of purchase but the dealer as I stated early sent a solicitors letter saying I can’t contact them as they are not accepting liability at this point it’s for them to prove it wasn’t there at time of purchase not for me to do

pjm79

Paul no solid reason they just didn’t want to know the solicitors letter said it all that they wasn’t gonna do anything.
yes totally agree it’s the dealership’s responsibility but I had to go through the finance company to communicate with them because of this solicitors letter.

So in theory the finance company should of given them the option to prove it wasn’t there and they haven’t taken the chance clearly.

I contacted the finance company about this straight away 4 weeks later an agent was investigating the case now it’s 10 weeks later and my car is still stuck at a garage and not moved since it was taken there after breakdown😔

pjm79

Paul yeah a few friends said the solicitors letter was a scare tactic.

But when you haven’t been in a position like this it does scare you.

It’s put me right off buying a car again and I’m just gonna lease an electric through my work next time.

All I wanted as I work hard like a lot of us do is something nice to say yeah I earned that if you know what I mean👍🏻

Thank you for your comment👍🏻

Ectophile

Aftermarket warranties are usually rubbish. Their purpose is to distract you from your consumer rights, not to actually fix anything.

As it's over 30 days, you have no right to reject.

As it's less than 6 months, then any fault is assumed to have been present at the time of sale, unless the retailer can show that you broke it. The retailer is responsible for fixing the problem by one of a repair, replacement or refund.

If the retailer is liable, then the credit company are jointly and severally liable. So you can claim against the retailer, the finance company, or both.

I would say it's time to start the complaints program with the finance company.

QrizB

Let's back this up a moment.

car requires new engine

Who exactly has told you you need a new engine? What diagnosis have they done? Do they know exactly what went wrong with the old engine? Have they written that up as an engineer's report?

Did they give a solid reason to not contact them? It sounds like a scare tactic.

If the car was bought on finance, it's possible that the finance company are the owners of the car and it's being leased to the OP. In this case the OP has no direct claim against the dealer and needs to pursue the finance company.

also with what caused the bottom end failure

That's usually caused by loss of oil pressure. Have you been checking the oil level weekly(?) per the manufacturer's handbook?

Also, bottom end failure wouldn't normally need a new engine. Crankshaft and con rods, maybe. Not a huge job, should be change from £2k.

pjm79

Ectophile - sorry I don’t know how to reply to a specific comment on here.

Yeah I’m am starting the motor ombudsman iv called them sent some info to them 4 to 5 weeks they will investigate apparently.

I have looked at the consumer rights act it does state that if owned less than 6 months you are entitled to replacement or refund and I was happy for a replacement but as it’s dragged on and being without a car iv had to email to reject the car.

pjm79

QrizB- AA approved repair and diagnosis garage stated that there is a hole in the block underneath the car and requires going to dealership for a new engine.
and that’s where the car is still sitting yeah the car is through 3rd party finance so my finance company own the car as they paid the dealership👍🏻

Always checked oil every couple of weeks also checked it before my journey from the midlands to Dorset to pick my son up the day it it broke down

pjm79

also there was oil in it when it broke down just all over the road 😡

pjm79

also just got another quote for a recon engine 6 month warranty 4995 excl VAT as long as my one is reconditionable witch it ain’t as they have stated cracked blocks etc will be liable for a surcharge

paul_c123

Forget about the motor ombudsman they are useless. I’d let the financial complaint time out then take that to the FOS and have a ruling.

Also ignore the solicitors letter, contact the garage again and give the relevant facts for them to be able to look at/diagnose the car. If you have been reasonable and given them a chance and they do nothing or threaten etc, it strengthens your case.

Be prepared for a fight.