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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71057
Experience:  Over 5 years in practice
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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: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
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 2 years 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 2 years ago.
But do the guarantee the vehicle?
Was it new at the time of purchase?
Customer: replied 2 years 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 2 years ago.
How long ago did you buy ?
Customer: replied 2 years ago.

In September 2014

Expert:  Jo C. replied 2 years ago.
What was the price of the vehicle?
I know it was on HP but what was the price?
Customer: replied 2 years 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 2 years 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?
Customer: replied 2 years 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 2 years 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 2 years 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 2 years 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.