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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71053
Experience:  Over 5 years in practice
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Is it possible to end a PCP agreement by stopping payme

Customer Question

Hi is it possible to end a PCP agreement by stopping payments?
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.
-Could you explain your situation a little more?
Customer: replied 2 years ago.
Hi, I bought a Citroen DS3 secondhand, after a while it became lumpy and undriveable. It went to a Citroen Main Dealer a couple of times where they diagnosed it with needing a new engine.
I then sought advice from the CAB, who said I should take it up with the Money lender as it was usually Down to them. I have done so, but it seems to be so slow and I'd rather have a refund as they are renowned for this and would probably sell it straight away. The Money lender and Broker seem to be "fixing" it, but I can't really see what is happening and it has been moved to a cheaper garage now. This is all happening in Birmingham and I am in Southampton!
Customer: replied 2 years ago.
I also suffer from Bipolar depression etc and it is really flaring up atm due to this!
Expert:  Jo C. replied 2 years ago.
How long have they had the vehicle?
Customer: replied 2 years ago.
I returned it to the dealer I bought it from on 28/7/15
Expert:  Jo C. replied 2 years ago.
You cannot just end a PCP by failing to pay. Your financial contract is entirely separate to the Sale of Goods Act rights over the vehicle. Whatever happens to the vehicle, unless the finance company guarantee it, you are still liable for the loan.
In relation to the vehicle, obviously this is not fit for purpose within the meaning of the Sale of Goods Act and they do have to put in good order or offer an exchange or a refund.
They do have to conduct a repair within a reasonable period of time but given the nature of the fault they haven't really taken an excessively long period over it yet.
Sorry if that is bad news.
Can I clarify anything for you?
Customer: replied 2 years ago.
Thanks.Am I able to ask / insist for a refund / exchange?What would be considered a reasonable amount of time? :-)
Expert:  Jo C. replied 2 years ago.
With second hand vehicles they are entitled to three attempts at repair before your rights to a refund or exchange are triggered.
There is clear caselaw to that effect I'm afraid.