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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 12980
Experience:  Senior Associate Solicitor
97337639
Type Your Law Question Here...
JimLawyer is online now

I have return my car due to the miss commutation between

Customer Question

I have return my car due to the miss commutation between Clarus motor cars and the blue motor finance. Not all information are being passed on correct. I signed for the car on March the 10th 2020 I then didn’t have the car until the 13th of March 2020 this was due to the car needing to go the Clarus motor cars in Clevdon for a new service mot and new wheels and mot. When viewing the car in the St George garage I mentioned about the breaks being squeaky? This was told this would all be done before picking up the car.
I then collected the car on the Friday the 13th of March 2020 I had to make my way to the Clevdon branch for this. The day after which was the Saturday 14th March 2020 I noticed the heating did not work the breaks was still squeaky and more other things which I have pointed out was not correct and up to standards of having a car on finance which should of all been done.
I reported this on the 16th of March 2020 due to it being the weekend and was not sure it was opened and what time it shut. This was all in the 3 month warranty and within the 14 days of me being able to decline the car. I wanted to give them one chance to fix the car but this opportunity was cancelled to COVID-19 and the garage itself was shutting due to the government rules. When having this car I then started noticing more and more faults with the car the rust and electronics inside and outside wing-mirrors not working probably. This all should of been done when the car being passed over as none of this was pointed out over at the signing of the car.
Throughout lockdown I constantly was messaging the garage asking when they was reopening as I was eager to get this car fix as I have a 2 year old daughter and need the vehicle to be safe. We then was finally able to book in and took the car back on Monday the 15th of June 2020 when they reopened. I have gave them the chance to fix the car and apparently everything which was pointed out was fixed
. Water leak
. No electronics working inside (charging)
. Heating making a tapping sound
. Loose wing-mirror
. Breaks
Their reply was ‘Morning kelcee car is all done and ready to collect. Thanks [email protected]’ this was from Lee who is the second in commence of the garage. I was given no courtesy car neither which I was told I would of had. When I spoke to them over the phone they told me they would fix my wing-mirror or if not if they needed to order a new one in when picking the car up this was the message from Lee about the mirror ‘it’s just slightly loose but secure to the car If you like i can price a mirror up but you would need to be paid for by yourself
I could help with a discounted labour rate for fitting if that helps ?’ This was within 3 months warranty of having the car and was reported 2 days after picking the car up, everything which what was wrong with the car should of have been fixed as they sold the car to me without showing any of this to me. I was given no other paper work when I picked up the car on the 17th of June.
Since this I have noticed everything falling apart and snapping off due to rust which is not my fault this should off all been picked up from the garage who get their cars ready for the customers. I notice the breaks were still squeaky the electronics don’t charge your phone it takes the charge away. The mirror was still not fixed the water leak was still there. I then reported all this a second time and their response was that they would no longer do anything for free due to the warranty running out in the COVID-19. This is when I spoke to the blue motor finance about redrawing the contract of this motor as it’s faulty? The garage have told blue motor they have never once had the car to fixed which I have in a email.
I have spoke to trading standards and they told me to look in to the consumers act 2015. Which I have and it states they have one chance to fix the car which I have given them and they have not correctly fixed this car. Lee had said wrong information was g
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: Bristol , England
JA: What steps have you taken so far?
Customer: I have gave the company two times to fix the car which they have not and I have made several complaints I tried to private sale to car and then was told about more issues with the car
JA: Anything else you want the Lawyer to know before I connect you?
Customer: the car was sold faulty and was reported a day after picking it up and they want me to sign a voluntary pick up and want me to pay the remaining of a problem car
Submitted: 16 days ago.
Category: Law
Expert:  JimLawyer replied 16 days ago.

Hello, this is Jim and welcome to JustAnswer. I will be the lawyer working with you today.
Sorry to hear of the issue. I will set out my written answer shortly.

Expert:  JimLawyer replied 16 days ago.

If you had the car for more than 30 days then yes, they are allowed one repair attempt and that's it - if that fails then you can reject the car. The garage will try to doubt this (as they always do) to try to get you to keep the car.

Further, the finance company owns the car here. You do have consumer rights which have been breached. As the car is not of satisfactory quality, this is in breach of the finance agreement. They will know this and they are clearly trying to fob you off here.

You are covered under the Consumer Rights Act 2015 here which means you have a right to expect a service (from the finance company) carried out with reasonable care and skill. Furthermore, the car should be “fit for purpose”, "free from defects" and “as described”. If it isn’t then you can allege breach of your consumer rights and breach of contract.

You should now make a formal complaint and if that does not resolve the matter ask them for a "deadlock letter", which is a letter giving their final response.

Once you have the deadlock letter the next step would be to escalate this to the Ombudsman - they will investigate and liaise with the finance company which would hopefully result in a refund. The finance company should arrange to return the car to the dealer. They can order the finance company to make a financial award for inconvenience if they have acted poorly.

Once you have their final response, you can make the complaint here : www.financial-ombudsman.org.uk/consumers/how-to-complain

Based on the circumstances, assuming the finance company does not uphold your complaint, I am sure the Ombudsman will do. The Ombudsman will look at this case independently and will make a decision based on what happened. Their decision is binding on the finance company, but not you. So you would not be bound in law to follow their decision. If the Ombudsman did not find in your favour, therefore, you then have the option of suing the finance company for breach of your consumer rights and you have up to 6 years to bring a claim to the court (the limitation period is 6 years from your date of loss, to when you need to issue a claim).

You can also tell the garage you purchase the car from you are handing the car back. If they agree then fine, this will speed up the process. If they disagree then you will have to make the complaint to the insurer and if that doesn't resolve matters, go to the Ombudsman. If you wanted a law firm to do the above, any of these could help you further :

  1. http://www.catalystlaw.co.uk

  2. http://www.irwinmitchell.com

  3. https://www.gorvins.com/services-for-you/dispute-resolution/consumer-dispute-resolution/

Expert:  JimLawyer replied 16 days ago.

I hope this helps and answers the question - my goal is to ensure you are happy with the answer and have the information you need. If you have any follow up questions then please let me know. I will reply as soon as I can to help with any further queries.

Many thanks,
Jim

Expert:  JimLawyer replied 16 days ago.

Please let me know if the answer helped or if you need me to cover anything else?. I am happy to clarify the answer or if you have any follow up questions. If so, I’d be grateful if you would let me know. I am free most days, including weekends, so feel free to ask me anything you are unsure of.

Best wishes,

Jim

Customer: replied 16 days ago.
Thank you so much I have done everything I was told to do Iv spoke to trading standards and Iv had several complaints made but the company keep closing them I was just on the phone to a finance and they ended the call? I took the car to get private sold and I would put the rest and when doing this the place told me the car had more issues and I should take them to court
Expert:  JimLawyer replied 16 days ago.

The finance company ended the call? Make a formal complaint to them here : *****@******.*** or call them on 020 3005 9330

Expert:  JimLawyer replied 16 days ago.

If the finance company doesn't uphold your complaint, ask the Ombudsman to help - their email address is here: *****@******.***

Customer: replied 16 days ago.
How much will it cost me to take them to court about this situation
Expert:  JimLawyer replied 16 days ago.

It depends how much you claim back. There is a court issue fee and a hearing fee (see pages 5 and 7 here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/904862/ex50-eng.pdf) If you win, both the issue and hearing fee are recoverable. You could use any of those law firms if you preferred. Or you can do it yourself online vis the money claim online site.