Each week, we respond to your financial problems or consumer disputes – you can send an email to moneyblog@sky.uk with yours. Our latest problem, available for newsletter subscribers, is Cjenk, who asks …
My partner bought an almost new car in a garage three months ago, it has since been inapprotal with the garage and the financing company refusing to reimburse or repair the vehicle with a huge list of problems that could not have occurred since its purchase. What can we do?
Buying a car is one of the biggest purchases we have ever made, so we were sorry to hear about your experience.
We asked for Resolver complaints Scott Dixon to watch this one-he advised hundreds of similar cases and experienced a similar dispute itself (of course, he won).
I hope that his advice can help you resolve this case – and others who find themselves in a similar situation.
Dixon writes …
A car purchase creates more complaints than anything else.
The standards, attitudes and the culture of the industry must change radically.
Although we have some of the best consumer laws in the world, many traders flout them, leaving consumers vulnerable or torn off without knowing their rights.
First of all, you have the short -term right to reject defective goods, including cars in the first 30 days under article 22 (3) of the law of 2015 on consumer rights, although the burden is on you to prove that the goods were defective when sold.
After that, the faults found in the first six months are considered to be there at the point of purchase. The burden of proof is on the retailer to show the opposite.
You just need to give a trader an opportunity to promulgate free repair. If it fails, you can reject it, but it’s easier to say than to do.
If the car has a long list of defects that make him intimidable, he clearly does not respond to the Consumer Rights Act 2015, which declares that the goods sold must be:
- Use adjustment
- As described
- Satisfactory quality
- Last a reasonable duration
In this case, the financial company bought it from the concessionaire, you can therefore continue a complaint S75 under the Consumer Credit Act 1974 (according to the financing agreement – I saw certain deliberately sold as personal loans disguised in the form of purchases of personal contracts), you will therefore have to examine it carefully.
Although all faults in the first six months are considered to be present at the point of sale, I would recommend an inspection report independent of a renowned or AA or RAC garage to strengthen it in the circumstances.
Keep all communications with the garage and written financing company, and confirm any verbal promise in writing.
Amnesia is a common medical condition in the trade, where staff suddenly have memory towers and fight to recall what has been said and promised on such differences.
The next step would be to submit an official letter of rejection by e-mail and the recorded delivery to reject it under the Consumer Rights Act 2015.
Do not let the garage or financing company get rid of an apology like “Wear and Tear” or “You have accepted the car as we can see” – that does not apply under the law on consumer rights 2015. S31 solves specifically.
Last right to reject
S24 of Consumer Rights Act underlines the right to a reduction in prices or a final right to reject, after a chance to repair.
The offers made will be calculated on the scheduled lifespan of goods – time of use and depreciation. Ask for all the offers made to be highlighted with the calculations to determine how the amount was obtained. Never accept the first offer unless you are satisfied.
Automobile dealers often cite that they have the right to deduct a mile for 45p for use on reimbursement calculations when you try to reject a defective vehicle. It’s false and a scam. The financial service of the Ombudsman (FOS) judged this as unfair on previous decisions and the HMRC does not provide guidelines to automobile dealers to be used on equitable use deductions. The FOS governed 25p A mile is just and acceptable.
Check if the garage is also a member of the Motor Ombudsman program, because it can be another avenue to continue, but I found that it was a blind alley to be honest and that I would not recommend.
Find out more:
“My dog is dead and the insurance company accused me”
Why some in work plead for a new tax
Should you have an Isa life?
Do not fall for the “FOB OFF” warranty
Automobile dealers will often offer a guarantee of one to three months on second -hand car sales and say that “it is out of warranty / the warranty does not cover this” if problems arise.
The Consumer Rights Act 2015 offers you an implicit statutory guarantee up to six years in England and in Wales and five years in Scotland – and gives you better coverage for free.
No one ever needs to buy a standard warranty.
Contracts
If a car dealer tries to apply a parasitic term to refuse you a remedy, ask them to head to the specific paragraph in their terms and conditions.
The Consumer Rights Act 2015 has an equity test. The key terms must be prominent, fair and transparent.
Advice when you buy a used car
- Keep copies or screenshots of advertisements and all communications;
- Never pay by bank transfer or “friends and family” via Paypal;
- Take a friend or someone who knew well you when buying and selling private;
- Obtain an independent inspection of a renowned garage or mechanic;
- Run on an online vehicle check to check whether it is stolen or has exceptional funding;
- Never buy Facebook Marketplace.
This feature is not intended for financial advice – the goal is to give an overview of things you should think about. Submit your dilemma or dispute to consumption via:
- Whatsapp here
- Or send an email to moneyblog@sky.uk with the “money problem” object line