How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

What can i do if a car which i am financing on hp is found

Customer Question

What can i do if a car which i am financing on hp is found to be unreparable by three different garages
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Do the finance company guarantee the condition of the car? It would be unusual.
Customer: replied 1 year ago.

Initially the person i spoke to indicated that i could get reduced amount then that person left the firm and they started to question the fault found and then implied that the car had ben driven while faulty at that point i contacted the Fos the last leter from the finance on 18 June stated that thy were investigating and could not give a final response and neded time.within the timescale of the complaints procedure

Expert:  Jo C. replied 1 year ago.
Ok.
But do the guarantee the vehicle?
Was it new at the time of purchase?
Customer: replied 1 year ago.

No it was not the problems started on the motor way home from the dealer.The dealer took the car back for about a month claimed to have replaced parts but constant problem lead to his paying for repairs in london ,The paperwork from the dealer was never forwarded and the Finance company had a problem getting it from the dealer,Now the finance company has backtracked on making any settlement with me and are implying that the faults have developed through usage and in fact are delaying any conclusion .

Expert:  Jo C. replied 1 year ago.
How long ago did you buy ?
Customer: replied 1 year ago.

In September 2014

Expert:  Jo C. replied 1 year ago.
Ok.
What was the price of the vehicle?
I know it was on HP but what was the price?
Customer: replied 1 year ago.

It was 16,345 and there is a balance of £9 896 balance left the date of purchase was not September but April 2014

Expert:  Jo C. replied 1 year ago.
You do have a claim against the garage which is the better point.
There would only be a claim against the finance company if they guaranteed the vehicle or they were the same company as the garage and then only arguably.
But if this vehicle has faults and you bought from a garage then the Sale of Goods Act covers you. If the vehicle cannot be repaired and the fault existed at the time of sale then he should be offering a refund at least in part.
A contentious issue here will be whether or not the fault did exist at the time of sale. Since you are outside of the first six months of purchase it is for you to prove that it did but that isn't really as difficult as one might think. It is a simple matter of gathering the views of a mechanic over causation of this fault.
But you should be pursuing a claim against the dealer.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

i have a report from the very first garage dated 20/05/ 14 which listed oil burnt spark plugs / internal damage to cylinders/poorly repared nikasil liners/ New engine required the sales company took the car for repair but never supplied the necessary documents to show what was done the Hp Company and Dealer are linked and the HP company have accepted the responsibility but seem to be dodging this and are implying that the damage was due to usage or repair which the Dealer paid for under the gaurantee

Expert:  Jo C. replied 1 year ago.
The HP company probably aren't very happy about having to pay out but they are not liable for other reasons.
It is the dealer you should be pursuing.
Customer: replied 1 year ago.

Shall i contact the ombdsman or the Finance company who claim to be investigating or should i start contact with the dealer

Expert:  Jo C. replied 1 year ago.
I wouldn't bother.
Pursue the dealer. They have Sale of Goods Act obligations.
It might be worth looking at the contract to see the obligations the finance company do have but not a lot I would suggest.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice