Fowlers car finance

[MarkCasemore]

Re: Fowlers car finance

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

Any chance you're having issues with Fowlers as well ?

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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.

Many thanks for the advice, it's very much appreciated.

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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.

I hate doing anything by phone with them as they say they will get back to me b ut they never do, emails and letters they seem to completely ignore. As above now thoug I will be using read receipts etc..

[MarkCasemore]

Re: Fowlers car finance

Hi Guys

I'm back again I am about to email all the parties involved and have constructed the email below, I'm no good at these things and have copied parts of letters I've found on google. Does the content of what I've done look ok ? Again, many many many thanks for all your help, it really is appreciated.
LETTER OF ACTION

I have emailed, sent letters and phoned on numerous occasions with regards the car I purchased from yourselves and to date I have not had a satisfactory response, in fact, I have had no response at all. I purchased the below car from yourselves, Vauxhall Astra 1.4 sxi (XXXX XXX) on the 2nd of August 2016. When picking the car up I was made aware that the central locking was not functioning and was told the relevant parts were going to be ordered and someone would contact me to rectify the issue, on the day of pickup I was not offered a test drive as someone was working on the car. Driving the car away it was evident that there were issues with the car which I have pointed out below but I will list them again:
1) When the car is being driven you can hear and feel something is loose within the front suspension , this is causing the car to pull to the left.
2) There is a smell of petrol within the cabin of the car.
3) The central locking still does not function which means anyone can gain access to the car, the drivers door can be locked with the car but the other doors remain unlocked.
4) The locking wheel nut key is missing meaning in the event a puncture occurs or a wheel needs removing, this cannot take place.
To this date not one person has made contact with me via letter, email or phone.
I am rejecting the car as per my rights bestowed by the Consumer Rights Act 2015 (Consumer Rights Act 2015 sec9-11, 19, 20 & 22) and do not want the issues rectified as I am within the 30 days and would like the finance agreement terminated. If I do not receive a satisfactory reply within 14 days of receipt I will initiate court proceedings without further reference.

[des8]

Re: Fowlers car finance

Hi Guys

I'm back again I am about to email all the parties involved and have constructed the email below, I'm no good at these things and have copied parts of letters I've found on google. Does the content of what I've done look ok ? Again, many many many thanks for all your help, it really is appreciated.
LETTER BEFORE ACTION

I have emailed, sent letters and phoned on numerous occasions with regards the car I purchased from yourselves and to date I have not had a satisfactory response, in fact, I have had no response at all. I purchased the below car from yourselves, Vauxhall Astra 1.4 sxi (KF57 JVZ) on the 2nd of August 2016. When picking the car up I was made aware that the central locking was not functioning and was told the relevant parts were going to be ordered and someone would contact me to rectify the issue, on the day of pickup I was not offered a test drive as someone was working on the car. Driving the car away it was evident that there were issues with the car which I have pointed out below but I will list them again:
1) When the car is being driven you can hear and feel something is loose within the front suspension , this is causing the car to pull to the left.
2) There is a smell of petrol within the cabin of the car.
3) The central locking still does not function which means anyone can gain access to the car, the drivers door can be locked with the car but the other doors remain unlocked.
4) The locking wheel nut key is missing meaning in the event a puncture occurs or a wheel needs removing, this cannot take place.
To this date not one person has made contact with me via letter, email or phone.
I am rejecting the car as unsatisfactory and not fit for purpose as per my rights bestowed by the Consumer Rights Act 2015 (Consumer Rights Act 2015 sec9-11, 19, 20 & 22).
In fact the vehicle is unroadworthy. I would refer you to the Road Traffic Act 1988 Section 75 which makes it an offence to sell an unroadworthy vehicle
I require the vehicle to be collected from..........................and a full refund of all mones paid, together with confirmation the finance agreement has been cancelled.
I reserve the right to initiate court proceedings to recover all my costs without further reference if you fail to respond satisfactorily within 14 days of receipt.

1) I would suggest removal of your address from the posting as this is an open forum1
2) slight suggested amendments in red

[MarkCasemore]

Re: Fowlers car finance

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1) I would suggest removal of your address from the posting as this is an open forum1
2) slight suggested amendments in red

Many thanks for the very quick reply, as for the address part I should have known better..

[des8]

Re: Fowlers car finance

Go back and edit your post or (in case you can't)
[MENTION=49370]Kati[/MENTION] may do it for you, pretty please (post 17)

[MarkCasemore]

Re: Fowlers car finance

Go back and edit your post or (in case you can't)
@Kati may do it for you, pretty please (post 17)

@Kati, thankyou

Letter now sent via email so I shall wait and see what happens. As soon as I hear anything I will post the results.

Many thanks.

[MarkCasemore]

Re: Fowlers car finance

Well that didn't take long, I've just received a response from the company. Why is it they are making this as difficult as possible for me to reject the car and why do I have to have proof of the faults, why can they not just take the damn car back/cancel the finance and be done with ?

Good Afternoon,
We have tried to contact you with regards to the above noted vehicle.
We have written to you acknowledging your complaint and requesting more information as to the nature of the faults with the vehicle.
Further to your recent letter of rejection you will need to provide independent proof of the faults to us within 30 days from inception of the finance agreement (04/08/2016), in order to exercise your short term right to reject as per current legislation.
I look forwards to hearing from you.
Regards
Alex Croxford
Aftersales

[des8]

Re: Fowlers car finance

Go back to them and tell them the faults are self evident, but if they insist on an independent report you will be adding the cost to your claim.
Also tell them you have rejected the vehicle and delays in "proving" the faults do not invalidate your rejection which was within the first 30 days subsequent to purchase.
You will also be adding a claim for compensation due to non use of the vehicle.
Also reporting to Trading standards.

If they want to play silly buggers let it cost them!

[des8]

Re: Fowlers car finance

Also forgot to mention that if you reject within the first six months it is for them to prove the fault was not present when you purchased thevehicle.

[MarkCasemore]

Re: Fowlers car finance

Also forgot to mention that if you reject within the first six months it is for them to prove the fault was not present when you purchased thevehicle.

These people are really starting to get on my nerves now, it seems they DO NOT want to take the car back or cancel the finance but instead have me do all the leg work i.e. getting the car independantly checked. The biggest mistake I made was not doing proper research regards this company, if I had done so I would have steered well clear. Anyhow, the latest email from them is as follows, I refuse to answer the phone to these people because I want a paper trail so will only communicate via email:

Good Morning Mr. Casemore,

We have tried to contact you regarding the issues experienced with the above vehicle, to date we have had no response.

Should you wish to reject the vehicle due to faults, you will need to arrange a local garage to independently inspect the vehicle, documenting the faults. This must be supplied by you, to us, within the first 30 days following inception of the finance agreement, as per the Short Term Right to Reject noted within the Consumer Rights Act 2015.

We will also require the current mielage of the vehicle and any other documentation you may have pertaining to the faults such as breakdown reports etc.

This information can be forwarded via email for convenience.

I look forwards to hearing from you,

Regards

Alex Croxford
Aftersales.

[des8]

Re: Fowlers car finance

Ask them to detail the section of the act to which they refer!
It is up to them to prove the faults were not in existence when the car was purchased.
You do not need an independent documentation (although it may help if it comes to court action, and as they request it add it to your claim)
Tell them to read the pertinent parts of the act:

19 Consumer’s rights to enforce terms about goods

(14)

For the purposes of subsections (3)(b) and (c) and (4), goods which do not conform to the contract at any time within the period of six months beginning with the day on which the goods were delivered to the consumer must be taken not to have conformed to it on that day.

(15)

Subsection (14) does not apply if—

(a)

it is established that the goods did conform to the contract on that day, o

[ostell]

Re: Fowlers car finance

You could respond and refer them to the list of problems you supplied previously.

[MarkCasemore]

Re: Fowlers car finance

Evening all

Well, here goes again, I'm about to email them with the following. I had thought about contacting the BBC Watchdog as this very same company had appeared on there some time back, see if they can offer any help.

Good Afternoon Alexandra

Apologise for the delay in me responding but I have been away and had no access to my email.

I would like to ask why it is on me have a garage inspect the vehicle ? I have already detailed the faults with the car of which there are many and have formally rejected the car well within 30 days of having the car.

“This must be supplied by you, to us, within the first 30 days following inception of the finance agreement, as per the Short Term Right to Reject noted within the Consumer Rights Act 2015.”

Could you please highlight the part of the consumer rights act that this refers to ?

The parts that I am referring to is:

19 Consumer’s rights to enforce terms about goods

1. In this section and sections 22 to 24 references to goods conforming to a contract are references to—
   1. the goods conforming to the terms described in sections 9, 10, 11, 13 and 14,
   2. the goods not failing to conform to the contract under section 15 or 16, and
   3. the goods conforming to requirements that are stated in the contract.
   
   
2. But, for the purposes of this section and sections 22 to 24, a failure to conform as mentioned in subsection (1)(a) to (c) is not a failure to conform to the contract if it has its origin in materials supplied by the consumer.
3. If the goods do not conform to the contract because of a breach of any of the terms described in sections 9, 10, 11, 13 and 14, or if they do not conform to the contract under section 16, the consumer’s rights (and the provisions about them and when they are available) are—
   1. the short-term right to reject (sections 20 and 22);
   2. the right to repair or replacement (section 23); and
   3. the right to a price reduction or the final right to reject (sections 20 and 24).
   
   
4. If the goods do not conform to the contract under section 15 or because of a breach of requirements that are stated in the contract, the consumer’s rights

(and the provisions about them and when they are available) are—

1. the right to repair or replacement (section 23); and
2. the right to a price reduction or the final right to reject (sections 20 and 24).

1. If the trader is in breach of a term that section 12 requires to be treated as included in the contract, the consumer has the right to recover from the trader the amount of any costs incurred by the consumer as a result of the breach, up to the amount of the price paid or the value of other consideration given for the goods.
2. If the trader is in breach of the term that section 17(1) (right to supply etc) requires to be treated as included in the contract, the consumer has a right to reject (see section 20 for provisions about that right and when it is available).
3. Subsections (3) to (6) are subject to section 25 and subsections (3)(a) and (6) are subject to section 26.
4. Section 28 makes provision about remedies for breach of a term about the time for delivery of goods.

Again, I am asking to have the finance cancelled as the car is not fit for purpose and should not have been sold in its condition, as such I am again rejecting the car based upon the faults.

Thank you.

Again, many thanks for your patience guys and really appreciate all the help. Hopefully there's light at the end of this very long and frustrating tunnel.

[MarkCasemore]

Re: Fowlers car finance

Hi Guys

Quick question, I'm not receiving any feedback from the company and I just want shot of the car. Is there anything I can do to get things moving ? Can I contact trading standards to help or do I have to continue this game for a while longer ?

Cheers..

[des8]

Re: Fowlers car finance

Following a discussion on another thread it seems there is an anomaly in the CRA 2015 which means that if you reject a vehicle in the first 30 days, you have to show the fault was there when you bought it, but if you reject it in the next 5 months the dealer has to prove the faults were not there when you bought it!
Do you have a friendly garage that will do a report for you?
Perhaps an MOT which should indicate faults on an advisory even if it passes the MOT?

Giving them the report might get things moving, otherwise issue court papers.
Be warned if they decide to defend the court action it may take months before it actually gets to the hearing stage, so it could be counter productive!