Expired

Car Broken Still On Finance

Banned 31
Found 25th Aug 2013
Hi All

Hope this makes sense, im after a bit of advice last june 2012 i bought a used car on finance from a ford dealer, within the 3 month warranty i had to take the car back to have some work done on the clutch which was all ok. Then 2 months after the warranty expired (Nov 12) when driving my car smoke started coming from the engine and a strange smell of curry. my brother took it to a garage to be looked at and there first response was it would cost around £100 - after looking into the car further they discovered something else and said the repair bill would be about £600 - he proceeded to do the repair but due to financial constraints was unable to retrieve the car from the garage. It is still there now!! 9 months later and the mechanic is getting annoyed and needs it gone but cash flow is very low.. Can you tell me if i have any rights with either the dealer or my finance company.

I am unsure at this moment what work has been carried out, i have just emailed my brother to find out for me and let me know i wil then update the thread.

Any help on this matter would be most appreciated

Thanks

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31 Comments

So was it the part that was replaced under the 3 month warranty the same part that failed again? I know somebody having a similar experience after a matter of months owing the car they are being faced with a 1k bill they are currently being helped via trading standards to get them to fix the car etc. i would suggest contacting the CAB and finding out what your rights are, all depends on how old the car is, how much you paid, is the failed part something that should have been picked up before.

Original Poster Banned

No not the same part.

My brother has just contacted me and thinks that the water systme failed and blown the head and bent some valves????

Still waiting to hear back from the mechanic

I think you should of contacted the seller of the car 9 months ago,why leave it so long???
They may of helped when the problem first occured but not 9 months later.

Original Poster Banned

I had every intention on getting car out 9 months ago but as i have saif "Financial Hardship"

Was just questioning if there was any rights i had under the sale of goods act?

Thanks

So chances are the cam belt either snapped or slipped a few 'teeth' resulting in the valves on the head to become bent. If this is the case then, no, it is your fault for not having the car serviced properly.

If not please put up a list of what work was done to warrant the £600 bill.

Original Poster Banned

ok when i bought the car in June it had just been serviced asnd comes with a FSH.......... i do very little miles so therefore would it have needed another service before november??? I dont think so
Edited by: "sadiepenniston1" 25th Aug 2013

Original Poster Banned

dcx_badass

Should have gone to the original garage and not bothering for 9 months is … Should have gone to the original garage and not bothering for 9 months is going to cause issues.



As the car only came with a 3 month warranty i wasnt aware of any consumer rights at the time

Was the finance done on a hire purchase proposal? only reason I ask is that I work in a caravan dealership and if it is hire purchase effectively the finance company own the car until you make all the payments so you could go back to your finance company and see what they have to say

Unfortunately its going to be very hard for you to get anywhere seeing as you didn't take it back to the original dealer and you've left it 9 months

Right when was the last time the cam belt was changed and how many miles has the car covered?

Original Poster Banned

mclovin9091

Right when was the last time the cam belt was changed and how many miles … Right when was the last time the cam belt was changed and how many miles has the car covered?



Ok im not sure without looking at all the paper work (im currently at work)

I will update all info once i get home

thanks

Original Poster Banned

Any yes the finance was arranged through a car finance company

The garage that carried out the repairs is entitled to charge you for vehicle storage, on top of the £600 that you have not paid them.

Original Poster Banned

Ok the garage is not charging me nor is he taking his right of lien nor is he taking me to court, my issue is not with the garage...........

" It is still there now!! 9 months later and the mechanic is getting annoyed "

Changed your tune.oO

Original Poster Banned

Inactive

" It is still there now!! 9 months later and the mechanic is getting … " It is still there now!! 9 months later and the mechanic is getting annoyed "Changed your tune.oO



Ok So perhaps i worded it wrong - not annoyed but would prefer it if i took it awqay ( he is a good friend of a family member)

oO

Banned

So they've been paying the car payment for 9 months for it to sit in a garage?

You have no come back on the original dealer or the finance company in this case. Neither are responsible for the upkeep and maintenance if the vehicle

ALL warranties are 6 months (irrespective of what the selling garage says
you might get a contribution if the repairing garage would state when the repair was brought to him and why, and that he has only just repaired it due to your lack of funds, but that is doubtful 9 months on.
you should agree a payment plan with the garage that has the car, the finance company will not want to get involved, especially if you have missed any payments.
I think your only chance is if the repairing garage will state that he had the car on ---- and has only just repaired it, and you are looing for the finance co/supplying dealer to make payment.
you will also need to paint a picture that the supplier messed you around with the prior repair, which is why you did not return it to them for this repair.You may also need to say you phoned them and they mugged you off.
you got nothing to lose at this stage so worth a punt

anythingcolin

ALL warranties are 6 months (irrespective of what the selling garage … ALL warranties are 6 months (irrespective of what the selling garage saysyou might get a contribution if the repairing garage would state when the repair was brought to him and why, and that he has only just repaired it due to your lack of funds, but that is doubtful 9 months on.you should agree a payment plan with the garage that has the car, the finance company will not want to get involved, especially if you have missed any payments.I think your only chance is if the repairing garage will state that he had the car on ---- and has only just repaired it, and you are looing for the finance co/supplying dealer to make payment.you will also need to paint a picture that the supplier messed you around with the prior repair, which is why you did not return it to them for this repair.You may also need to say you phoned them and they mugged you off.you got nothing to lose at this stage so worth a punt




So basically you are advising the OP to lie through their teeth.

Very admirable.:(

Not sure where you got the " 6 months " bit from, do you have any supportive evidence of that ?

Banned

anythingcolin

ALL warranties are 6 months (irrespective of what the selling garage … ALL warranties are 6 months (irrespective of what the selling garage saysyou might get a contribution if the repairing garage would state when the repair was brought to him and why, and that he has only just repaired it due to your lack of funds, but that is doubtful 9 months on.you should agree a payment plan with the garage that has the car, the finance company will not want to get involved, especially if you have missed any payments.I think your only chance is if the repairing garage will state that he had the car on ---- and has only just repaired it, and you are looing for the finance co/supplying dealer to make payment.you will also need to paint a picture that the supplier messed you around with the prior repair, which is why you did not return it to them for this repair.You may also need to say you phoned them and they mugged you off.you got nothing to lose at this stage so worth a punt


sheer nonsense

This is nothing to do with the finance. Your beef is with the dealer.

Unfortunately, you've waited so long, you've damaged your case massively. You should have taken this up with them immediately after the fault occurred.

Speak to consumer direct first, but I think because you waited so long, you've put yourself in a bad position.

9 months and the OP didn't even know what repairs had been carried out !

Looks like a case of " bury your head in the sand " to me, it is far too late to do much about it now.

You have made the situation more difficult to remedy by leaving it so long, but there is a solution, and I would advise you to pull your finger out and deal with it quickly.

You have two courses of action.

1, Under the sale of goods act, your car must work for a 'reasonable' amount of time before going wrong, this is in addition to any warranties you have been given, now, defining reasonable is where the issue comes in, if the car is 10 years old, has 80,000 miles and is on its last legs, then you as a buyer would have known this and it is therefore reasonable for the car to have issues, however if it is 3 years old, lower mileage and expected to last longer, then you have a claim against the garage. You need to contact the main dealer, explain the situation and that you have no money to pay, and ask them what they are prepared to do about it, stating the sale of goods act and citizens advice bureau if they point blank refuse saying the warranty is up, although so much time has passed, you can still prove that the issue happened all that time ago by speaking to the mechanic the car is currently with.

2, if the dealer basically tells you where to go, you have a claim with the finance company, who are jointly liable for your car under the consumer credit act, and the sale of goods act, therefore if you explain to them that the dealer has refused to sort out the issue which you think should not have happened in such a small amount of time, they will have to investigate and will either reimburse you, or force the dealer into sorting the issue out, because the finance company will pay a commission to the dealer, and they have a right to revoke this commission if they feel they need to be compensated in any way, this will usually get the dealer moving.

However, you have had the work done (shouldn't have done this) - and you are possibly going to want financial compensation, which I am unsure you will be able to get from either party, therefore you will probably end up in a small claims court for the money, but even then they may not take pity on your case if the dealer says you should have gone to them first, so this may be one of those lesson learned moments, I know it is unfair and losing all that money is not nice, but take it from someone who has had this problem before, it happens, move on. Try to borrow some money from a family member, or set up a monthly payment plan for the garage, or perhaps some other sort of security for them so you at least get the car out of their garage. And on top of that, if you have done without the car for so long, why do you still have it? Why not get rid of it, hand the keys back to the garage etc, there is no point paying through the nose for something you don't need and will not use.

you don't seem in too much of a hurry. So I will think about this and answer it in about 9 months time!

csiman

sheer nonsense



csiman

sheer nonsense



The sale of goods act gives a 6 month minimum warranty on the sale of goods.
Any problem that existed when the car was sold will be covered by a six month warranty, not a three month warranty, clearly not nonsense

Inactive

So basically you are advising the OP to lie through their teeth.Very … So basically you are advising the OP to lie through their teeth.Very admirable.:(Not sure where you got the " 6 months " bit from, do you have any supportive evidence of that ?




The sale of goods act gives a 6 month minimum warranty on the sale of goods.
Any problem that existed when the car was sold will be covered by a six month warranty.
How many 'admirable' car dealers do you know

Banned

anythingcolin

The sale of goods act gives a 6 month minimum warranty on the sale of … The sale of goods act gives a 6 month minimum warranty on the sale of goods.Any problem that existed when the car was sold will be covered by a six month warranty.How many 'admirable' car dealers do you know


the key point being WHEN the car was sold

that was 15 months ago!

Still waiting for supportive evidence of the 6 month warranty?

Please post a link.

Banned

Inactive

Still waiting for supportive evidence of the 6 month warranty?Please post … Still waiting for supportive evidence of the 6 month warranty?Please post a link.

the car has to be of satisfactory quality at the time of sale, not exactly what I would call a warranty

oft.gov.uk/sha…pdf
Edited by: "csiman" 29th Aug 2013

csiman

the key point being WHEN the car was soldthat was 15 months ago!



but the additional problem apparently started within 6 months and would therefore have been covered by the dealer

csiman

the car has to be of satisfactory quality at the time of sale, not … the car has to be of satisfactory quality at the time of sale, not exactly what I would call a warranty ;)http://www.oft.gov.uk/shared_oft/reports/676408/oft1242.pdf



call it what you like, the 6 month rule applies, I have used it on a 4k repair on a £10k car and was covered by the finance company (and I presume ultimately by the dealer)

I say give it another 9 months n see what happens
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