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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Could let me know what my legal rights are in the following

Resolved Question:

Hi,
Could let me know what my legal rights are in the following situation: I purchased a new car (a Landrover Discovery Sport) via a PCP finance agreement in November last year and have had several issues with the car since then, namely:
1. A rattle in the dashboard - this has been rectified by the dealer but it took 3 months to do - the dealer did provide a courtesy car during this period.
2. The car was then returned to me but it lost all of its engine coolant on a long distance trip – this happened due to a leak caused by the dashboard not being replaced correctly - this meant calling the AA out and having the car towed and returned to the dealer again.
3. I have started to notice the clutch is sticking and there is a lot of feedback from it suggesting another issue.
4. There have been other minor issues - for example the rear demister not working
With this being a new car and a premium brand, I have lost confidence (especially with the engine coolant issue related to the dashboard being removed as this could indicate other issues, for example are the airbags correctly connected) and as such I would like to return the car and come to an agreement for the deposit I have put down and the monthly payments I have made so far - can you advise what my legal rights are in a situation like this? If the Finance company/Dealer refuse to accept the car being returned would I have grounds to take it further legally?
Thanks
Wayne
Submitted: 11 months ago.
Category: Law
Expert:  Ash replied 11 months ago.

Hello Wayne my name is ***** ***** I will help you with this.

When did you take delivery and how many times have you been back?
Alex

Customer: replied 11 months ago.
Hi Alex,I took delivery in November 2015 and have taken the car back three times so far (it will be four with the clutch issue):
1. Returned for the rattle in the dashboard and various other minor faults like the demister not working
2. Returned a second time for the same rattle - was told this was repaired but it hadn't been (it has since been repaired though)
3. Returned for the engine coolant leak - this has now been repaired
4. Have asked the dealer to investigate the clutch issueThanks
Wayne
Expert:  Ash replied 11 months ago.

Have you taken finance out on the vehicle or was it a loan to cover the loan with another bank?

Customer: replied 11 months ago.
It was financed through Landrover.
Expert:  Ash replied 11 months ago.

What is it you want to achieve?

Customer: replied 11 months ago.
The car is on a 4 year PCP lease and I put a £5k deposit down and have been paying £600 per month as per the lease agreement. I want to hand the car back to Landrover, have my deposit refunded and come to an agreement for the monthly payments I have made so far. (I accept that I should pay something per month but I don't think it should be the full £600 due to the ongoing issues).
Expert:  Ash replied 11 months ago.

You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

The Finance Company is joint and severally liable under Section 75 of the Consumer Credit Act 2016

Can I clarify anything for you about this today please?

Alex

Customer: replied 11 months ago.
Section 75 of the Consumer Credit Act seems to apply to credit card purchases? - does this also apply to car finance agreements?
My finance agreement is based on a 4 year contract - can you clarify whether I should have a right to nullify the finance agreement and return the car based on the situation I have described?Thanks
Wayne
Expert:  Ash replied 11 months ago.

Yes that is correct.

Its possible, albeit difficult to secure a return given more than 6 months has elapsed since purchase.

Does that clarify Wayne? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 11 months ago.
thanks
Expert:  Ash replied 11 months ago.

If this answers your question could I invite you to rate my answer before you go today, otherwise the site doesn’t pay me for the time spent with you. Thanks in advance! Alex

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