Problem with financed car

andyf

New Member
Feb 2, 2009
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0
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Hi Everyone,

Firstly wanted to say hi to everyone. My first time so please bear with me.

Here goes....

Bought a car from a well known dealer (not sure if I should name and shame) and took car in for part ex. Finance went through ok and I collected car - so far no problem.

The next day fault on dash saying electronic fault on gearbox. Spoke to the dealer and took it straight back, they said they had put it on diagnostics and they weren't happy for us to have the car back (not roadworthy) loads of problems of diagnostics. So they said have a look for something else, by this time the part ex they had sold through auction.

So can't have my old car back and cancel the agreement. So found another car same model £500 cheaper. Now they said they have got to put it through finance again because of the figures etc.

Now finance rejected (my credit score is 824) and this has been going on for 2 weeks now and I still don't have a car. (apart from courtesy car)

Really angry. My understanding is under the sale of good act that they should replace under statutory duties but what about the finance, they say they cannot just swap the car and change the car details on the current agreement.

I reckon they are try to settle and re-finance and cash in on some commission.

Any advice. or help.

Regards
Andy
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
Hi Andy,

The contract of sale was for specfic car and with second-hand the only option is to repair or refund, as it would be impossible to find "exactly" the same car.

The finance agreement would also need to have details of a specific model, so they can't just swap it.

If you can't get finance, you have to be retuned to the position you were in before i.e. with an equivalent car.

I hope the helps

Tony
 

andyf

New Member
Feb 2, 2009
3
0
0
Thanks Tony,

It does help. Thank you.

Since my post have spoken to the finance company and they can't understand why either. Apparently all they had to do was to contact the finance co and cancel that car and substitue with the other car under the same agreement (the dealer just needs to fill a different form in)that we picked instead of putting through as a new business. They rejected it because it looked like I was applying to have 2 sets of finance on two different cars.

Going to get it sorted with the dealer and if not going to insist on the car been repaired at no cost to me. So fingers crossed!;)

Bought 3 cars from them previous and had no problems at all.:(

Thanks for your help.

Cheers
Andy
 

Tony

What Consumer Founder
Apr 7, 2008
18,307
3
38
Bolton
That's great Andy, you might not be able to insist that they repair it as traders are also protected by the "sale of goods act". For example, if it cost £10,000 to fix it.

Good luck

Tony
 

andyf

New Member
Feb 2, 2009
3
0
0
That's great Andy, you might not be able to insist that they repair it as traders are also protected by the "sale of goods act". For example, if it cost £10,000 to fix it.

Good luck

Tony
Fully understand Tony. Thank you

I'm aware of what could constitue 'reasonable' under the act.

Time to meet the general manager I think....:D

Thanks again

PS: This site is really good and full of useful articles and info.