Rights to cancel

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This topic contains 3 replies, has 2 voices, and was last updated by Stuart Masson Stuart Masson 7 months ago.

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  • #112792 Reply

    Craig

    Dear sir or madam just wanting some advice on a car I bought from a online car finance company on finance. It’s been a week since I bought the car and with in that week I decided to get a warranty on the car, because the warranty on the car that the company had given me was only a month. I went on line and got one. The warranty company said I had to get it booked in for a health check at one of the designated garages. So I did, about 2/3 days later at a Halfords auto centre in Birmingham and left it there. 2 hrs later I got a phone call saying there’s some issues with it ie- a bald spare type – a tyre which the tread is illegal and cracked – a shock absorber which is leaking – a middle bracket on the underside of the car is loose- and the air condenser unit under the car looks like it’s been hit. I was not a happy man at this point especially when they said that would be £500+vat please? I would just like to know if seeing that I had only the car two weeks if I could get the car finance company to pay for the repairs. The car has only got 6 months mot I assumed it had got 12 months mot but then again if it did have 12 mths mot it should have not had 2 bald types and a leaking shocker which are all mot failures. Anyway thought I’d ring up and see what they had to say surprisingly the chat who I spoke to was not too bad, he said he would have to speak with the boss and get back to me. He did about 2 hrs later and said it’s down to wear and tear and by taking it to Halfords that’s what they are paid to do, to find stuff. His exact words. So at this point I wanted to know if he was going to pay or not, which he replied in so many words no. I said I want you to arrange for the car to be taken back and I will inform the finance company that I’m cancelling the contract to which he replied I can not do that I would owe the finance company and they would not take the car back. I did stipulate that this was a last resort and I just wanted to get the repairs done without me paying for them because to me it wasn’t fair. He said he’d get back to me within an hour which he did and said the only thing that he could do was to give me a 6 months warranty instead of 1 month which I was not happy about. I was just wondering if I have got chance of getting any further with this before it’s too late many thanks

  • #112841 Reply
    Stuart Masson
    Stuart Masson
    Keymaster

    Hi Craig. The dealer is the organisation that is responsible for handling the vehicle rejection and refunding the money, as you bought the car from the dealer. The dealer would refund the money to the finance company (who paid for the vehicle), and the finance would refund you for any payments made.

    You do need to work with the finance company, as it’s their car rather than yours. But it is still the dealer who has to agree to the rejection.

  • #113150 Reply

    Phil

    Hi Stuart

    I took up a contract hire option on a Jaguar XE back in October 2016. Since ten I’ve had a recurring fault on the car with the ad blue warning message telling me the engine won’t restart in 500 miles and counts down. Between Dec 16 and April 17 Jaguar have had the car in 5 times each time resetting the computer and the message returning with days. Finally they took the he car in for 3.5weeks and resolved the issue… up to now.

    I contacted lex autolease regarding the issue and explained I was unhappy with all the time lost dealing with this issue, they have offered me £100 by way of compensation which I find quite insulting considering the time an hassle I’ve had dealing with this. Also whilst repairing my car Jaguar put nearly 500 miles on my car.

    I’m thinking of returning my car as I feel unwell within my rights due to the recurring fault within the first 6 months. Can you advise please as lex auto lease are being extremely difficult to deal with.

    Regards

    Phil Foy

    • #113307 Reply
      Stuart Masson
      Stuart Masson
      Keymaster

      Hi Phil. As you have a contract hire agreement, you are not covered by the Consumer Rights Act since it’s not your car (you’re renting Lex’s car).

      This means you will have to keep dealing with Lex to get them to take the car back and provide another one. If Lex will not co-operate, you will need to see a lawyer.

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