Car bought on finance and showing problems

[seaside girl]

Hi I am new to this site so only just learning my way around. I bought on finance and collected what I thought was my dream car on Sept 28th from our local dealer. It is new but classed as used due to it being a demo car. I live 5 mins away from the dealer and when I got it home my husband found the airbag light on, I immediately phoned the salesman to tell him. By 9th October they had the car in twice and could find no fault even though it had been in for 24 hours the second time, the car was in there so called the salesman who investigated and within the hour phoned to say the problem had been found, it was a stretched cable which they would repair. I found it strange that the mechanics could not find it but did with his immediate help. He said the car was totally safe to drive so I collected it and booked in the repair for the following week. They again kept the car for 48 hours only to tell me that the new cable had not rectified the fault so had ordered another cable. They did not know when the new cable would arrive. I told them to keep the car till it was fixed as I do not feel it is safe to drive. I actually had problems getting the car to the garage as it stopped working when I stopped to let a car pass and I could not start it for 5 mins in traffic. The only way I could get it working was by getting out, remote locking it and starting the process again, it started great with doing that. When I received the initial paperwork btw for the vehicle the car mileage was 98 miles more than the car showed, which they said was a bonus to me, which I stated surely illegal? Anyway I phoned the finance company to halt payments as I had not really driven the car much. They have logged it as a complaint and are looking into it. The finance company asked what I wanted out of the complaint, a refund or another car, I said car but now I just want out of the whole situation. I have serious health problems and the whole thing is stressing me out. Can anybody please tell me if I have enough argument to get a full refund? Have I given them enough chances to fix the car? They assured me it was safe to drive but actually have not yet found why the airbag light is coming on. I have to renew my insurance by 30th October and really don't know what to do.

[nightwatch]

Hi , sorry I'm not sure about how to help.
have you looked at the CAB website that may have some info on about what you can and can't do

best wishes NW

[seaside girl]

Hi NW, I have googled it at length, however it all states that you have to give them 'chance' to fix the fault. Cannot find anything beyond that. The finance company is going to look into it. Thanks

[Joanna Connolly Solicitors]

Hello

May I ask you a few questions before making any suggestions.

What is is the name of the finance company and did you select them or did the car dealership/introduce them to you?

How much is the amount financed and how, such as a loan or a lease purchase?

Do you know if the mileage on the clock was recorded at the point of sale to give you any indication whether the car had been used as a demo vehicle in the past?

How did you discover it was a ‘used car’ not a brand new car?

Based on what you’ve said so far, you may be able to make a claim under the Consumer Rights Act 2015 but a little more information is needed before deciding your next step.

Di

[seaside girl]

Hello Diana, thanks for your reply. The finance company is Suzuki Financial Services Ltd, everything went through the dealership and no other finance company was mentioned. It is under a hire purchase agreement, £160 deposit and total amount payable £14,421.56. 48 monthly payments of 204.03 then final repayment of £5,242.00. Yes the mileage on the clock was recorded, as it was cheaper due to being a demo car. However the mileage was recorded incorrectly on documentation which I did flag up to them, but they did not change it on the paperwork. It is 3 months old and has been a demo car since new, so basically it is a new car but the finance company classed it as a 'used car'. The actual mileage when I purchased it was 1696 but all paperwork shows 1798. Thanks

[seaside girl]

Hi Diana I have been studying the Consumer Rights Act 2015 that you mentioned, very interesting reading and totally what I needed to find, but didn't know how. I am friends with Niddy outside AAD and have messaged him on facebook re this. His expert knowledge rubs off on you after a time so you partly know what to look for.

From what I see that affects my situation, although I am no legal person here and may be 'totally' wrong:
Section 9 (3) (a) (c) and (d)
Section 13 (b)
Section 19 (3) (a)
Reasonable time to repair them and significant inconvenience to consumer comes in, due to the ongoing stress this is giving me, as I do have serious health problems which are worsened by stress. The chap I spoke to at Suzuki Finance was 'very' interested in what my health problems were. Since taking collection I have immediately been trying to sort this problem out with the dealership's garage and have it repaired. They have constantly told me it is safe to drive, even though they actually have not yet found the reason for the airbag light to be on.
Section 24 (5) (a) significant inconvenience to consumer and final right to reject
(10) (a)
and lastly 'within first 6 months' mentioned in 11(a)

I am waiting the car dealership manager and Suzuki Finance complaints dept to contact me tomorrow. I think instead of going along with them repairing it, I should just say no more and state I wish to reject the car. However this is where I need the expertise on here so I know my rights in this situation. Many thanks

[Never-In-Doubt]

Hiya - glad you managed to post up here. Sorry I couldn't help more - it's not my area of expertise but hopefully you'll get the right info here.

Good luck.

[seaside girl]

Hi yes thanks, I had a good look at the Act, could have read it all day as very absorbing. I am sure I will find the help I need to go forward this week.

[Timewilltell]

I would look at sales of goods act as I’m pretty sure it is not fit for purpose in the condition it was sold for simple reason any vehicle that has a critical dash warning light will not pass an MoT. So if they can’t find the problem then it will never be road legal.

have you also raised this with Suzuki Uk CustomerServices@suzuki.co.uk I have a similar issue with an ex demo van (different Mfr) I purchased, the head office is now looking for a new replacement only mine wasn’t on finance so you have an even stronger stance.

[seaside girl]

Morning, many thanks for your reply. Interesting point I had not thought of, about the fact that it should not even be on the road. It is only just registered a few months ago so would not need an MOT for 3 years, however as you say it should be road worthy and fit for purpose which it is not. They have said three times that it is ok to drive yet as they have not actually rectified the fault, I cannot see how they can justify their assumptions. They seem to be doing a process of elimination and replacing a cable every time it is taken in now. Hope you get yours sorted. Thanks

[Timewilltell]

Don’t let them push you around, stand firm and don’t accept anything less than a satisfactory result. Id be inclined to request the vehicle is changed, say you have lost faith in the vehicle and you don’t feel confident that it will not cause you further misery.

[seaside girl]

Hi no I will not don't worry, I am positive that I do not want that car back again. I told the salesman on Friday to ask his Manager what my position is and it is now mid-afternoon on Monday and no word from them, not even an apology! I do not want the car back, nor another to replace it, just not quite sure about my legal position re that and the finance. Money is currently coming out of my bank for payments on a car I have not used nor want. I had problems with this company (mechanics side not sales) on my last car and swore I would never go back. Can only blame myself now.

[Timewilltell]

I know on a credit card there is a section that you can claim on if product is not received or not fit for purpose not sure if that applies to finance agreement although it is covered by CCA I think? Best wait for Lady or Colin to answer that though.

[seaside girl]

Hi thanks, I paid the deposit on a debit card, but as you say the rest is on finance. Who is Lady or Colin please?

[Stevo62]

Hi thanks, I paid the deposit on a debit card, but as you say the rest is on finance. Who is Lady or Colin please?

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