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Thread: Van on finance

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  1. #1
    Ionut's Avatar

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    Default Van on finance

    Hy! I bought a van on finance around 2 and half month ago, when i got it the dealer people said that the van it serviced and checked buy their mecanic. Two months later i started to have serios issues with van, head gasket gone and turbocharger not working properly plus some electricall problems us well. I call the dealer and told them about the problems and told me to bring it to their garage. My questions is; who is supposed to pay for recovery as their is 50 miles from my house to their place? They said that is not their problem, they gone fixed it but i have to pay for recovery.

  2. #2
    paulajayne's Avatar

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    Default Re: Van on finance

    Depends upon warranty - have a look at your paperwork.

  3. #3
    des8's Avatar

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    Default Re: Van on finance

    Trader has to bear costs of collection and delivery:
    CRA 2015 Sec 23. (2)If the consumer requires the trader to repair or replace the goods, the trader must—
    (a)
    do so within a reasonable time and without significant inconvenience to the consumer, and

    (b)

    bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage).

  4. #4
    ploddertom's Avatar

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    Default Re: Van on finance

    Did the OP buy this vehicle for private or trade use? If for trade then may be on a sticky wicket as believe business use is not covered in this type of scenario.

  5. #5
    des8's Avatar

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    Default Re: Van on finance

    Txs @ploddertom.
    You are correct
    A consumer, for the purposes of CRA 2015 is defined:Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.

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    ploddertom's Avatar

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    Default Re: Van on finance

    Quote Originally Posted by des8 View Post
    Txs @ploddertom.
    You are correct
    A consumer, for the purposes of CRA 2015 is defined:Consumer” means an individual acting for purposes that are wholly or mainly outside that individual’s trade, business, craft or profession.
    Think they just need to be careful what they say to save themselves a load of grief.

  7. #7
    Ionut's Avatar

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    Default Faulty van on finance

    Hy! I m planning to send the following letter to my finance company, after the van i got from them in september has serios issues. https://z-p4-cdn.fbsbx.com/v/t59.270...=5A2A9DB9&dl=1. Can someoane advised me if this letter it ok? As i want to keep any corespondence with the by letters so i can have a record! Thank you!

  8. #8
    Ionut's Avatar

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    Default Re: Van on finance

    Thank you very much!

    - - - Updated - - -

    Ok, so they are not supposed to pay for recovery. Then what rights do i have, as i m using the van for a bussines?

  9. #9
    Ionut's Avatar

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    Default Re: Van on finance

    i m planning to send them this https://z-p4-cdn.fbsbx.com/v/t59.270...=5A2A9DB9&dl=1 what do you think about it? it anything i should add? Thanks a lot for your timr

  10. #10
    paulajayne's Avatar

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    Default Re: Faulty van on finance

    Many people will not open a link.

    SO:-

    Dear Sir / Madam,
    Re: Notice of the issues with the van
    Agreement number: H717097
    Registration: OE59LVO
    I am writing to notify you about the following, on 13th of September 2017 I purchased on hire purchase a van from your company, a Volkswagen Crafter. The dealer people told me when i took it that the van had been serviced and checked by their mechanic. Two months later, on the 27th of November, the engine management light came on the dashboard together with the water level light, even if the water level was normal, the van was going into a limp mode after exceeding 50miles/h and on the hills. I took it to two local garages for a test, and they told me that the head gasket needed to be replaced, and that the turbocharger was not working properly, DPF has been removed, and other electrical cables disconnected such as the cable for ADBLUE. After all these problems, on the 5th of December I called your company and the dealer to notify them about the issues. They offered to solve it, but I had to bring it to their garage. Their garage is 55 miles away from my house, as i live in Birmingham and their place is around Leicester. I did that the next day, 6th of November.
    I seriously doubt that these people are able to sort all the issues in a professional way, but I will give them the chance to fix it, as I need the van to pay for my finance. At moment I m waiting for their call, and when they call me, I will go there with a mechanic to make sure it is done properly. I will keep you updated by writing letters , and I am waiting for your responses.

    Yours faithfully,
    Ionut Jilca,

  11. #11
    Ionut's Avatar

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    Default Re: Faulty van on finance

    That s great! Thank you!

  12. #12
    seduraed's Avatar

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    Default Re: Faulty van on finance

    Ask the deager for a courtesy van while yours is being repaired. If you can find a sufficiently cheap van it may be that will be a possibility to keep the money coming in. I would make sure that all communication with the garage is in writing. I am not sure what the law is regarding conversations and recording but it may be worthwhile recording them discretely or even openly.

  13. #13
    Ionut's Avatar

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    Default Re: Faulty van on finance

    Quote Originally Posted by seduraed View Post
    Ask the deager for a courtesy van while yours is being repaired. If you can find a sufficiently cheap van it may be that will be a possibility to keep the money coming in. I would make sure that all communication with the garage is in writing. I am not sure what the law is regarding conversations and recording but it may be worthwhile recording them discretely or even openly.
    I will record them as the letters take to long, but if they not gone fixed it properly i will have to rejected and ask for another one and from there i will start with letters. Thank you for your time, sir!

  14. #14
    des8's Avatar

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    Default Re: Van on finance

    Your protection comes from the Sale of Goods Act 1979.

    Are you saying the DPF had been removed and ADBLUE disconnected before you purchased the vehicle. or that your local garages had done this?
    Removal of the DPF is illegal.
    Did the garages run an emissions test?
    Presumably the van had an MOT when you purchased it. When was that issued?
    Have you checked the MOT history (https://www.gov.uk/check-mot-history) to see what advisories may or may not have been given?

    Hang fire on that letter for the moment.
    You will also need to involve the finance company

  15. #15
    des8's Avatar

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    Default Re: Faulty van on finance

    I see you have another thread ( http://legalbeagles.info/forums/show...608#post766608) on this same matter..... very confusing!!
    @Kati dearest could you merge them please

  16. #16
    Ionut's Avatar

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    Default Re: Faulty van on finance

    yes, i i have an other post for the same issue as i thought that nobody answer on the first one, my bad. And yes, the DPF has been removed before i took it, and the last MOT it july this year and it not saying anything on the notes about that! i think it a fake MOT and the letter is for the finance company.
    Last edited by Ionut; 7th December 2017 at 16:34:PM.

  17. #17
    Kati's Avatar

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    Default Re: Faulty van on finance

    Quote Originally Posted by des8 View Post
    I see you have another thread ( http://legalbeagles.info/forums/show...608#post766608) on this same matter..... very confusing!!
    @Kati dearest could you merge them please
    sorted xx
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  18. #18
    Ionut's Avatar

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    Default Re: Van on finance

    Good Morning

    AGREEMENT NUMBER:

    Further to your conversation with us yesterday, we are unable to open a complaint into the concerns you have raised as you have already agreed to repairs and delivered the vehicle to the repairing garage.
    This agreement for repairs has happened without Billing Finance’s knowledge and so we would not become involved in the arrangement between yourself and the garage.

    As your agreement is within the first six months, under the Consumer Rights Act we have one chance at repairing faults that were present or developing at the point of sale. As repairs are already underway, we would be unable to conduct a full investigation as to whether these faults were developing or present at the point of sale.



    This is what i receveid from the finance company, after i called them and let them know about the problems and that i talked with the dealer and they gone solve it. But this is not true as i called them in the same day, 5th of november, and i told them that the dealer agreed to fix it. How should i replied back to this?

  19. #19
    Ionut's Avatar

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    Default Re: Van on finance

    And the garage they talking about in the email it the dealer s garage.

  20. #20
    des8's Avatar

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    Default Re: Van on finance

    Getting a little more confused.

    Have you spoken to the dealer you purchased from?
    If so did you request, or did they offer to repair.?
    Did you agree to that offer?
    Where is the van now?
    If it is with the dealer when did you leave it with them?


    The finance company letter reference to Consumer Rights Act is of no importance as this contract is regulated by Sale of Goods Act as per posts 4, 5, 6 & 8

  21. #21
    Ionut's Avatar

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    Default Re: Van on finance

    Yes, i spoke whith them on Tuesday the 5th November, and i told them about the issues and they offered to fix them. After that i called the finance company and let them know about my conversation with the dealer, on the same day i took the van to the dealers garage, at the moment the van is still with them

  22. #22
    des8's Avatar

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    Default Re: Van on finance

    It seems that you did agree to a repair. or at least it is unclear.
    As however it has now been with them a month WRITE (signed for) giving them a week in which to return the vehicle in a satisfactory condition.
    Tell them "time is now of the essence" and failure to comply will inevitably lead to court action under SOGA 1979 as they have breached the implied terms of the contract.

    Copy in the finance house

  23. #23
    Ionut's Avatar

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    Default Re: Van on finance

    No no , i made a mistake the van is with them from 5th of december, two days ago, i meant to write december not november, sorry for the confusion, i m a bit stressed about this situation, as i have to pay for rent, finance and other debts and without the van i m stuck.

  24. #24
    des8's Avatar

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    Default Re: Van on finance

    Ok
    As it appears you have agreed to let them repair you must allow them the opportunity.
    So write as above anyway (but delete reference to having had vehicle for a month!)
    As motor factors deliver parts within 24 hours this is sufficient time,

    What sort of finance do you have? It affects your rights.

  25. #25
    Ionut's Avatar

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    Default Re: Van on finance

    It a hire purchase agreement, so should i send the letter to the dealer or to the finance company? I just talked with the dealers and after 3 days they can t tell me when the van will be ready, should i write a letter to them and threathen with court? Please help!
    Last edited by Ionut; 8th December 2017 at 16:35:PM.

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