Fowlers car finance

[MarkCasemore]

Hi guys, sorry to "break down the doors" with this type of question especially it being my first post but I'm not sure what else to do. I recently purchased a car from Fowlers which has developed some faults, the central locking doesn't work which means I can't lock the car, it pulls dangerously to the left and periodically has a very strong smell of petrol in the cabin. I phoned "The car finance company" who I have the finance with as they finance the cars for Fowlers, (I think) and they said that I have to phone the dealership I got the car from which I'm going to do tomorrow (Saturday). I have looked through the paperwork I was given and I have a 14 day cooling off period with the finance but I cannot see anything regards the car. Have I done myself "like a kipper" with a car that I don't feel safe driving, especially as I have 2 kids or can they take the car back ?

Many thanks guys.

[des8]

Re: Fowlers car finance

Hi and welcome.

How recently did you take delivery of this vehicle?
If it was in the past thirty days you have a statutory right to reject the car as unfit for purpose and unsatisfactory.
This comes from the Consumer Rights Act 2015
Forget about the cooling off period!
Presumably this car has been purchased b Hire Purchase?
In which case write to the financiers (they own the vehicle) giving them notice of your rejection, ask for a full refund of all monies paid(including part exchange values if applicable) and tell them where the car is for their collection.
They must refund without undue delay, and collect the vehicle at their cost.

DO NOT PHONE THE DEALERS
In fact DO NOT PHONE ANYONE.... keep it in writing (letter or email)

You can post up letters here (suitably redacted) for a check before posting if you want

[MarkCasemore]

Re: Fowlers car finance

Thanks for the response, I spoke to the finance side today stating I wanted to cancel everything and return the car as I'd only collected it Tuesday (2nd) and had already developed faults. She stated that I was to go to the dealers first to let them fix the faults but to be honest with the problems that have cropped up I don't want to give them the opportunity as I don't want this dragging out. I have gone through all the paperwork I was given and although it states I am well within my 14 day to terminate, nowhere do they specify who to write to, convenient.

Just so I get it clear in my head, I bought the car online via the Fowlers web site and picked up the car from what was supposed to be their showroom in London. Even though I've had it a couple of days, I should only be dealing with the finance company ?

The only addresses I can see on the paperwork I have are for the creditor: "The car finance company" and the Credit Intermediary: "Fowlers Head, The showroom, Stoke on Trent". I have no idea who I am supposed to be contacting or emailing, I've attached parts of the finance agreement if that helps.

Again, many thanks for your help and advice.

- - - Updated - - -

Yes, eeeeek at the interest rate...

[des8]

Re: Fowlers car finance

You write to the finance company.
As you are rejecting within the first thirty days you do not have to give the dealer the opportunity of repairing the vehicle.

Tell them to refer to the Consumer Rights Act 2015 sec9-11, 19, 20 & 22

[MarkCasemore]

Re: Fowlers car finance

Brilliant, many thanks for your advice which I will be taking up, no doubt more questions will arise so many apologies for that.

[MarkCasemore]

Re: Fowlers car finance

You write to the finance company.
As you are rejecting within the first thirty days you do not have to give the dealer the opportunity of repairing the vehicle.

Tell them to refer to the Consumer Rights Act 2015 sec9-11, 19, 20 & 22

Hi There

Using the which.co.uk website I managed to put this letter together which I'm going to send to fowlers both the showroom I got the car from and the finance company informing them that I am rejecting the vehicle and do not want any repairs done to the car. I simply want to return the car and cancel the finance. Is the wording of the letter ok ? Lastly, if I give them 7 days and I don't hear from them can I return the car to the showroom myself and hand over the keys ?

Thanks.



06/08/2016
Dear Sir or Madam,

REFERENCE: Casemore/Fowlers Finance-Vauxhall Astra 1.4 sxi (XXXX XXX)


I have owned the item, a Vauxhall Astra 1.4 sxi, since 02-08-2016 which I purchased from Fowlers Finance.


I have discovered that the item is not of satisfactory quality. The car is in a dangerous condition whereby a very strong smell of petrol is present within the cabin, the car dangerously pulls to the left and the central locking does not function.

The Consumer Rights Act 2015 makes it an implied term of the contract I have with Fowlers Finance that goods be as described, fit for purpose and of satisfactory quality.

As you are in breach of contract I am rejecting the item as I have owned the item for less than 30 days.

I also require you to confirm whether you will arrange for the Vauxhall Astra 1.4 sxi to be collected or will reimburse me for the cost of returning it.

I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

Yours faithfully,

[ostell]

Re: Fowlers car finance

That looks good, though I would be tempted to ask that they come and pick up the car as it is dangerous for you to drive.

[des8]

Re: Fowlers car finance

Hi There

Using the which.co.uk website I managed to put this letter together which I'm going to send to fowlers both the showroom I got the car from and the finance company informing them that I am rejecting the vehicle and do not want any repairs done to the car. I simply want to return the car and cancel the finance. Is the wording of the letter ok ? Lastly, if I give them 7 days and I don't hear from them can I return the car to the showroom myself and hand over the keys ?

Thanks.



06/08/2016
Dear Sir or Madam,

REFERENCE: Casemore/Fowlers Finance-Vauxhall Astra 1.4 sxi (XXXX XXX)


I have owned the item, a Vauxhall Astra 1.4 sxi, since 02-08-2016 which I purchased from Fowlers Finance.


I have discovered that the item is not of satisfactory quality. The car is in a dangerous condition whereby a very strong smell of petrol is present within the cabin, the car dangerously pulls to the left and the central locking does not function.

The Consumer Rights Act 2015 makes it an implied term of the contract I have with Fowlers Finance that goods be as described, fit for purpose and of satisfactory quality.

As you are in breach of contract I am rejecting the item as I have owned the item for less than 30 days.

I also require you to confirm whether you will arrange for the Vauxhall Astra 1.4 sxi to be collected or will reimburse me for the cost of returning it at your cost

I await confirmation that you will provide the remedy set out above within 14 days of the date of this letter.

Yours faithfully,

I would not offer to return it... make them responsible for collection.
You could amend as above if you agree.

[MarkCasemore]

Re: Fowlers car finance

Hi there

I used your amended letter thanks very much. However, after using the email addresses they included in their documentation to send the email I received the following:



Delivery has
failed to these recipients or groups:


cs@thecarfinancecompany.co.uk
(cs@thecarfinancecompany.co.uk)

The email
address you entered couldn't be found. Please check the recipient's email
address and try to resend the message. If the problem continues, please contact
your email admin.


customerservices@thecarfinancecompany.co.uk
(customerservices@thecarfinancecompany.co.uk)

The email
address you entered couldn't be found. Please check the recipient's email
address and try to resend the message. If the problem continues, please contact
your email admin.


How convenient, now resorting to the good old postal service (recorded)

[des8]

Re: Fowlers car finance

Their website gives: cs@tcfcgroup.co.uk as email address

[MarkCasemore]

Re: Fowlers car finance

Their website gives: cs@tcfcgroup.co.uk as email address

Funnily I just found that myself after looking at their site, many thanks for all your help so far

[MarkCasemore]

Re: Fowlers car finance

Funnily I just found that myself after looking at their site, many thanks for all your help so far

Hi guys

I'm really at a loss right now and dont know what to do, the Fowlers head office have said that they will not take the car back unless theyve had a garage do a diagnostics on the car and that Im to contact the finance company. I contacted the finance company and they are saying they have a process they follow which starts when they acknowlegde the complaint, I originally phoned last week. I have sent coun tless letters and emails and not had any response yet. I've told them time and time again that I am rejecting the car but they keep saying they will only accept it if the dealership accepts the car back. Can they do this ? Why cannot I just take the car back to the dealer and just leave them the cars and paperwork ? Lastly, I also told them I'm going to cancel the insurance on the car and the VED while it's parked on the road. I will fill the V5 back into their name and it will be on the road untaxed and uninsured, I live in Lewisham and they are pretty hot on untaxed/uninsured vehicles and I told them that was not my concern because thats how sick and tired I am of this whole mess.

Thanks guys.

[des8]

Re: Fowlers car finance

I would now write a "letter before action" to both parties with a copy to both.
In it you detail the vehicle, when purchased, what is wrong with it, and you state you are rejecting it as per your rights bestowed by Consumer Rights Act 2015.
You also tell them that if you do not receive a satisfactory reply within 14 days of receipt you will initiate court proceedings without further reference.
Send letters "signed for" or "read receipt" email

As the vehicle steering is "dodgy" (technical term) you should not drive it to the dealers.It might be dangerous.
If you carry through your proposal to park it up uninsured, do be aware that as the last driver you could be held responsible if it is involved in any "incidents" which cause a loss to a third party.

[ostell]

Re: Fowlers car finance

Write back to both of them suggesting that they take to time to read the requirements of the CRA 2015. Also include in your letter the relevant sections. For the finance company you can tell them that you don't care about their process it is overridden by the requirements of CRA and they cannot contract out of it. I have seen traders saying that they are using the requirements of the Sale of Goods Act.

Repeat your request that this is handled within 14 days in accordance with the requirements of the CRA. and if not the car will be reverted back to them at the DVLA and they will then be responsible to tax and insurance. In addition you will be charging £50 per day for storage. You may then commence legal proceeding against them to recover you monies, including any extra costs.

[insertusername]

Re: Fowlers car finance

I am going to keep watch on this thread as it sounds similar to the issues that I am having.