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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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My daughter brought a car on HP which has numerous problems

Resolved Question:

My daughter brought a car on HP which has numerous problems and will cost amount £2000 to fix, the said car was a danger to drive and therefore as she was getting nowhere with company she got the financial ombudsman involved. They have said that there was not enough evidence to prove that the problems were there when she brought it so nothing they can do. She is only 2 months away from paying have of the balance so wants to end the agreement but can not do this either as they say the car is faulty. She has since had to purchase another car in order to get to and from her place of work so is now paying for two cars. Is there anything else she can do other than getting the ombudsman to look at it again properly other than the adjudicator ? Many thanks
Submitted: 6 months ago.
Category: Law
Expert:  Ash replied 6 months ago.

Hello my name is ***** ***** I will help you.

What is it you want to achieve please?

Alex

Customer: replied 6 months ago.
She wants to be able to return the car that is unfit for purpose once she has paid half the cost stated in the agreement which they refuse to do as it is faulty.
Expert:  Ash replied 6 months ago.

How old is it? Has it been fixed previously ?

Customer: replied 6 months ago.
It was second hand from where she brought it and supposedly went through a full check before handed over to her. She has had the car for about 16 months but fighting to get problems resolved from the start. I'm not sure how old the car is... Sorry! she has had small problems fixed one through their warranty and sent it to a VAT registered garage for diagnostic which listed numerous thing like brake disks and pads, oil leaks that have covered the engine which they said was there for ages to have got the engine so dirty the list goes on. The ombudsman then got a reply saying all of these could have happened since my daughter had the car so insufficient evidence which he agreed with.
Expert:  Ash replied 6 months ago.

has it been previously repaired?

Customer: replied 6 months ago.
The said company has since gone into liquidation and been brought by another company which the ombudsman is aware of. It has not been previously repaired as far as I know only the few small problems which she put under the warranty.
Expert:  Ash replied 6 months ago.

ok. The only difficulty is the time which has passed. I think it will be a hard claim but I will outline the process.

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://s3-eu-west-1.amazonaws.com/hmctsformfinder/n1-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.
Can I clarify anything for you about this today please?

Customer: replied 6 months ago.
My daughter does not want to claim any monies back she just wants to be able to end the said agreement once she has paid half the finance and return the car, which they won't do as it is faulty.
Expert:  Ash replied 6 months ago.

then unless there is in the agreement otherwise she can return it. Even if it's faulty she can argue that under the sale of goods act that it always was. Alex

Customer: replied 6 months ago.
I am contacting the ombudsman today to ask them to look at it again for her as this has caused financial loss to her having to buy another car plus has impacted on her health as she suffers from mental health issues anyway and no one seems to be taking into account that the said insufficient evidence could work both ways. Is there anything else I could say to ombudsman to help them. Many thanks
Expert:  Ash replied 6 months ago.

Sadly not, however the lender for the finance may also be jointly liable under section 75 of the consumer credit act.

Does that clarify? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and 2 other Law Specialists are ready to help you
Customer: replied 6 months ago.
thank you
Expert:  Ash replied 6 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

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