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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14799
Experience:  Senior Associate Solicitor
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I was hoping to get help with a car we purchased from a

Customer Question

Hi, I was hoping to get help with a car we purchased from a dealership which we have been having issues with and can't be driven. because we have finance on the car we can't for 1 stop the payment and 2 the dealership can't do the repairs as the company no longer exist.
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: maybe consumer protection
JA: What steps have you taken so far?
Customer: i tried to contact the finance company and they are keep asking to get reports on the car which we have provided but they asking for more
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: thats all for now
Submitted: 20 days ago.
Category: Law
Expert:  JimLawyer replied 20 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 20 days ago.

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. You should make the payment - the finance company should refund you once this is resolved.

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 or to sell it to another company. They can order the finance company to make a financial award for inconvenience if they have acted poorly. The ombudsman scheme is free to use and quicker than court action.

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).

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 20 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 20 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 20 days ago.
Hi Jim, thank you for this. I've put a complaint to the finance company last Nov and for some reason they closed it and we were not aware of it happening. I've written them a letter to complain about this couple of weeks ago and they said that they followed their procedures and closed the case. They also said that they can reopen the case but I will need to provide them with a report of the car, this would not be possible as I will need to arrange for a transport to and from the garage as the car is broken. Also they said that I'm outside the 6 month period from purchasing the car so they can't do anything unless I provide them with a report of the car. the dealership is now shut as the owner killed himself, so can't do anything there and the car is not worth the
repair.
Expert:  JimLawyer replied 20 days ago.

Thanks, ***** ***** need to involve the Ombudsman given the dispute is with the finance company. The Ombudsman will make a decision which is binding on the finance company