one wreck of a second hand car :(

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Shaun

New Member
Dec 17, 2011
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hi all, on 19/08/11 i bought an 07 vw passat from ACF car finance through a finance company called The Funding Corparation. i had to wait until insurance papers came through on 25/08/11 before i could tax and drive the car. on that day i asked for my money back as it was obvious that this car was dangerous and not fit for purpose, so far the finance company or the dealer, im not sure have paid for the following: new heater plugs, a repair on the turbo, a new altinator, a new starter motor, a new fly wheel, a new clutch, a new duel clutch for the electronic hand brake and as it stands now the car is in the garage getting new cooler system parts, head gasket done and something else. they r refusing point blank to give me my money back that i have paid so far (£1220) even though there is something wrong with the gearbox they will not give me my cash back. firstly i would like to know was it a criminal offence to sell me the car with a broken hand brake, second was this car fit for purpose. the result of the car been of the road has led to me loosing my job and i have had to refuse other job offers due to location. thirdly is any of the companys involved liable. this has and is a very deppresing time, its totaly wrecked my life. what can i do for an imediate affect in my favour.
thanks for reading this and would appriciate some positave feedback
 
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trickygj

Moderator
May 31, 2010
400
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18
Cheshire
www.richardgjohnson.co.uk
Sorry this is lengthy.:eek:

If the agreement is a hire purchase or conditional sale agreement then you are actually dealing with the finance company who has provided you with the credit facility because the car belongs to them until such time as you have made the final payment.

They own the car and are in effect allowing you to use it. Your claim is therefore against the finance company and they are legally responsible.

Do not stop paying as you would be in breach of contract allowing them to take the car back and sue you for damages.

Whether you can return the car and demand your money back depends in part on how long you have had the car and how many miles it has travelled before reporting the fault. If the fault is serious and you have not done many miles and return (reject) it very shortly after purchase, you may be entitled to a full refund. If, however, you keep the car for a longer time without returning it, you may lose this right, although you may still be entitled to ask for the fault to be rectified. If you are entitled to a refund, this will include both the money you paid for the faulty car and the return of any part-exchanged car. If the part-exchanged car has since been sold, you are entitled to the cash value as represented on your paperwork.

If the car is faulty and you have left it too late to claim a refund or you don't want one, you can ask the finance company to replace or repair it free of charge. If you do this within six months of receiving the car, and it is reasonable to expect it to have lasted for the period of time you have had it, it will be assumed that the problem existed when you bought the car, unless the finance comapny can show otherwise. However, you can still ask for a replacement or a repair for up to six years from the date that you bought the car, if it is reasonable for it to have lasted that long. In this case, it will be up to you to show that the car was faulty at the time of sale. The longer you have had the car, the more difficult it is to prove that the fault was there at the time of sale.

If it is impossible to replace or repair the car; or replacement or repair would be unreasonably costly for the seller when compared with alternative remedies; or the seller fails to replace or repair the car within a reasonable time of having agreed to do so, or causes you significant inconvenience
then you can ask for a partial or full refund. The amount of money you get back may be reduced to take account of any use that you have had out of the car.

You may also be entitled to compensation if the contract has been broken (breach of contract) because the vehicle is not as described, of satisfactory quality or fit for its purpose the finance comapny has made a false statement about the car to make you buy it (for example, telling you it has had a new engine fitted when the engine is reconditioned).

Hope this helps
 
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Shaun

New Member
Dec 17, 2011
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thankyou for your reply, very much appriciated. on 22/12/11 i am seeing citzizens advice for the third time, they r going to help me draft a second letter to the finance company and also apply for legal aid plus represent or help me through a small claims court, i do understand what u have said and i can prove the car was at fault from the time it was with the car dealer. to be honest its all a mess, just wish me luck and i will keep u updated about the issue so u can pass the result of my endevour on to others. again thankyou for ur time. have a good holiday friend :)
 
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Shaun

New Member
Dec 17, 2011
3
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hi trickygj, have just had apositive day with citizens advice, the situation is now this, they have written a very well detailed small claims aplication to the courts and to the finance company (funding corparation). the cost to me is only 30 pounds, i now have to wait for a response from the finance company. i think they will responed but if they dont within 28 days i will get a court default order and win my case :) if they do responed i will have to represent myself but this wont worry me as im a confident person and court suroundings and thier solicitors wont bother me. so its a waiting game for now but im feeling better now court proceedings have started at such little cost. once again thanxs for your interest in this mess and i will keep you updated on future events :)
 
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