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JimLawyer
JimLawyer, Solicitor
Category: Law
Satisfied Customers: 16655
Experience:  Senior Associate Solicitor
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L. I have purchased a car thru a company called car finance

Customer Question

Good afternoon l. I have purchased a car thru a company called car finance 24 from a dealership . On my way back home the car started showing some problems, a light in the dashboard shown some electric issues, I have contacted the company and did a complaint regarding returning the vehicle. Car finance 24 requested my to do a diagnostic to the car as they can’t discuss with the car dealership to return the car unless it’s present a technical problem. I went to dealership did a diagnostic of the car and it turned that they put 3 different brands on tires which can affect the car electric engine.
JA: Where are you located? And is a local lawyer or other consumer protection advocate helping with this?
Customer: In from Norwich
JA: Have you contacted the seller or manufacturer?
Customer: Yes and they don’t want to accept the car back and they stated that it’s nothing wrong with the car, but when I went to the do the diagnostic of the car the engineer said we can’t predict how far the damage is
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I can forward you all the correspondence between them and me
Submitted: 11 days ago.
Category: Law
Expert:  JimLawyer replied 11 days ago.

Hello, this is Jim and welcome to JustAnswer.

I am one of the legal experts on the site and I am a dual-qualified solicitor (UK & Republic of Ireland)

Thank you for the question, I am reviewing the details now and I will aim to resolve it as quickly as possible for you.

Expert:  JimLawyer replied 11 days ago.

Sorry to hear of the issue.

Just a note that we can review the correspondence but it would be an extra charge over and above the basic Q&A.

I will continue with the answer for you - note too that we cannot give legal advice (we are not a law firm, we are an internet forum). We can give online information and guidance in a Q&A format.

As regards ***** ***** 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 :

https://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.

Here is a useful link which is worth reading:

https://www.financial-ombudsman.org.uk/consumers/complaints-can-help/credit-borrowing-money/car-finance

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. You could use the attached letter if that helps. 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. https://www.catalystlaw.co.uk

2. https://www.garrattssolicitors.co.uk

3. https://www.luptonfawcett.com

Expert:  JimLawyer replied 11 days ago.

I hope this helps

Expert:  JimLawyer replied 11 days ago.

It was a pleasure to assist you today and I hope this answers the question.

If you have any follow up questions or if you would like me to clarify anything I have said, please let me know and I will be happy to help.

Many thanks,

Jim


Expert:  JimLawyer replied 11 days ago.

Just a final note that if you would like to reconnect with me at a later date, simply add me as a favourite expert and you can then tag me in a question by typing @JimLawyer.

Thanks again,

Jim