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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 14767
Experience:  Senior Associate Solicitor
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I purchased a car that is still on hire purchase, Epsom

Customer Question

i purchased a car that is still on hire purchase
JA: What state are you in? And is a local attorney or other consumer protection advocate helping with this?
Customer: Epsom Surrey
JA: What steps have you taken so far?
Customer: I thought I would check with you first
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no this should put us on the track
Submitted: 14 days ago.
Category: Law
Expert:  UKSolicitorJA replied 14 days ago.

Hello,

I am a solicitor. How may I help you?

Expert:  UKSolicitorJA replied 12 days ago.

Do you still need help please? I await your response.

Expert:  Nicola-mod replied 8 days ago.
Hello,
It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find continuing a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.
I wonder whether you're OK with to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.
Thank you!
Nicola
Expert:  JimLawyer replied 8 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 8 days ago.

I presume you have an issue with the car or the finance agreement. The finance company owns the car here. You do have consumer rights which may have been breached if the car is faulty or if the finance agreement is unfair.

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 if you want to reject it. 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

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 (again, if this is your preference). 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 8 days ago.

I can refine the answer if you need me to, assuming you can give further details of the dispute.

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 8 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