Page 2 of 2 FirstFirst 12
Results 26 to 30 of 30

Thread: Van on finance

  • Share
  • Thread Tools
  • Display
  1. #26
    des8's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    8,205
    Mentions
    487 Post(s)

    Default Re: Van on finance

    if it is hire purchase I believe the relevant act is "The Supply of Goods and Services Act 1973 which you rely on, and the letter is sent to the finance house plus copy to trader.

    I'm tagging @R0b for confirmation of this, so wait for his input.

  2. #27
    R0b's Avatar

    VIP Member



    Joined
    Sep 2015
    Posts
    4,255
    Mentions
    711 Post(s)

    Default Re: Van on finance

    What legislation you refer to will depend on whether you purchased the van on finance as a consumer or as a business. If you were a consumer then the Consumer Rights Act will apply as the SGSA only applied if you entered into the agreement on or before 30 September 2015 (as the CRA came into force on 1 October 2015 and amalgamated the previous legislation). If you were not a consumer then yes the SGSA will probably be the correct Act to mention.

    @des8 FYI the latest SGSA is 1982.

    As a side note, you ought to have contacted the finance company first because they are the owner of the van if it was on hire purchase. A lot of people get confused because they go to the dealer and get the vehicle from them then they must be responsible but that's generally not true. Under a hire purchase or similar type of agreement, the dealer will sell the vehicle on to the finance company who in turn loans the car out to you on a hire basis. The dealer really has no interest in the matter with you and strictly speaking does not have to deal with any of your queries. This is because they did not sell you the car, they sold the finance company the car so that's why you should raise the matters first with the finance company rather than the dealer as the finance company will then contact the dealer on your behalf. Of course most dealers will tend to address any problems or issues but you should still be keeping your finance company in the loop because if it all goes pear shaped, they will be the company you have to sue.

    So just to clarify the van has been with the dealer since 5 December right? You would generally have to allow them a reasonable time to carry out the repairs which would usually be 14 days, however you also have to be realistic where the job is a lot bigger and may take more time to complete. For example, where there are multiple issues or engine components need to be tested/replaced you may allow a little more time. Also, you should not be in a position without any significant convenience to yourself (assuming you are a consumer) so they ought to provide you with a courtesy car/van if you use it on a daily basis.

    I'd also be rather concerned about the response from the finance company as well, who is the lender here? Just because the repairs are underway, does not mean they can't carry out an investigation. As the issue is within 6 months then it is presumed that the fault existed at the time it was taken possession of - unless they can prove otherwise. Nonetheless, they should still be carrying out an investigation into this and note down what has been done to resolve it.

    What letter are you intending to send them?
    Last edited by R0b; 8th December 2017 at 10:17:AM.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  3. #28
    Ionut's Avatar

    Junior Member



    Joined
    Dec 2017
    Posts
    14
    Mentions
    0 Post(s)

    Default Re: Van on finance

    Dear Sir / Madam,
    Re: Notice of the isssues with the van
    Agreement number:
    Registration:
    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 dashbord toghether with the water level light, even if the water level was normal, the van was going into a limp mode after exceding 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 disconected 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 same day, 5th of december.
    I seriously doubt that these people are able to sort all the issues in a proffesional 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 writting letters , and i am waiting for your responses.


    Yours faithfully,
    Ionut Jilca,

    This is what i have sent to them. And the on contract it saying,, Hire Purchase Agreement regulated by Consumer Credit Act 1974, so that meants that I m a ,, Consumer,, in this matter

  4. #29
    Ionut's Avatar

    Junior Member



    Joined
    Dec 2017
    Posts
    14
    Mentions
    0 Post(s)

    Default Re: Van on finance

    And i did called them in the same day to let them know about the situation and they reply with this,,

    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.

    They are trying to wash their hands and let me deal with the issue, but it like you said, i didn t knew that i should put everything on finance company. At the moment I m keeping in touch with the dealer people because i will prefer to get the van back, if of course the fixed properly, if they don t, I m not gone take it back and i will have to request another one or reject the contract. Do you think i can do that? Do I have any chances?

  5. #30
    des8's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    8,205
    Mentions
    487 Post(s)

    Default Re: Van on finance

    In post 3 you said you used the van for business, so presumably that is the reason you purchased it.
    This means your contract is "business to business" and not "Business to consumer".

    Anyway, you are where you are and you actually want the van.
    You might as well see if the trader can restore the vehicle to a satisfactory condition, but if he fails your action has to be against the finance company.
    Of course they might argue that your trader has meddled with their property.......

Page 2 of 2 FirstFirst 12

Similar Threads

  1. Car Finance - Legal Duties of Dealer as Finance Broker
    By EwanHusarmee in forum Welcome Forum
    Replies: 27
    : 14th September 2017, 14:52:PM
  2. Unknown Welcome Finance\IND finance court claim hearing
    By Andy202 in forum Received a Court Claim?
    Replies: 39
    : 1st June 2017, 10:48:AM
  3. County Court Claim: Cabot Finance re: Old Welcome Finance Loan
    By BillyRay01 in forum Received a Court Claim?
    Replies: 66
    : 25th November 2015, 10:33:AM
  4. TFS or TOTAL FINANCE FINANCE SOLUTIONS - BEWARE formally CHARGE RIGHT
    By TUTTSI in forum Claims Management Companies
    Replies: 6
    : 10th November 2014, 17:51:PM
  5. Replies: 0
    : 15th September 2011, 10:20:AM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2017
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP