we bought car on Hp. in ten months we had it it spent over 10 weeks in Garage.After 10 months it was refured to main dealer who found fault and was unable to repair it at reason cost or time. We then had no other reasonable option but to part ex and settle outstanding finace which we did.May this year we took garage who supplied and worked on car at our expence to court for a judge to say we had to act agaist finace company and they had to act agaist garage. We contacted finace company, who basicall said tough! Nothing todo with us as under credit act you have adopted car and there is nothing you can do.We nead to advise on how to procead in this as we are £7500 out of pocket with repairs that wasn't the fault with the car and the finantial loss. We did try toget advise from soliciter in Bristol but they never bothered to contact us.Some one is responsible, the sale of goods act say rthe thing has to last a reasonable amount of time and be fit for purpose, 10 months is not that
System of Law: England-and-Wales
Returned car to garage when fault first apperaed,and on several other occations giving the garage oppertunity to repair car. We had to pay everytime cost £2500 just in non needed repairs as they couldn't find fault.Took Garage to Court to be told it's the finace company liable
Contacted finace company Who do not execpt liability
Do you have a specific question?
Did you actually issue proceedings against the finance company or did you apply to court to amend the proceedings to join the finance company in as well as the garage?
How long ago did you buy the car? When did you issue proceedings and when were you in court?
Did you contact trading standards? How much did the car cost? How long after buying it did the first fault appear. Did you take it back to the garage then? After how long? Can we have detailed timings please? Thank you.K
No case was dismissed on basis that we had to sue finace company and they had to deal with garge.Car was bought in 31st Jan 11, returned to gargae seveall times we paid out £2500 in so called repairs but they failed to find the fault. Eventully after heated argument they sent it main deaer who found injector fault was the problem all along. Injector couldnot be replaced as they couldn't remove it. The cost of a new head ect would have been a further £3000. We went back to the garage asked them to supply a loan caruntil it could be sorted,they refused, trading standards were contacted and advised us of rights. As gage had had it over 6weeks we then asked for replacment of the same value.They refused offing part ex of car in non running state Approx(£1000). The Main dealer In newport were great and Managed to sort settlement for finance and gave us £3500 on another. We couldn't be without a second car anylonger, my wife was walking 1.5hrs toget to work 12hr shift and the same toget home. She's a care assistant in nursing home so she often works night aswell.
Car cost £7000 + the intrest on HP Agreement. We really don't no where togo with this now. Financ Ombudsman now involved too
So why havent you issued proceedings against the finance company?
Because they say should have returned the car to the garge and also say because of the passage of time under cedit act 1972 it is deemed we have adopted the car and therefore the repsoniblity is on the garge. Just going round in circles! Finacne ombudsman now involed. meanwhile garage now trying to take us to court as We have not paid invioce from December when they were told if they replace part and it don't fix car I will not pay for it as I had paid than to fix the thing In may and they replaced parts that were not at fault because they couldn't find the fault!
I'm afraid that doesn't tell me why you haven't issue proceedings against the finance company. It would be for court to decide the finance company are liable or not. Are you telling me that the garage want you to pay for work which did not fix the car?Law Denning41100.3725515856
We paid the garage to fix the fault in may 2011 they claimed it was a faulty fuel pump and charged us £1000. the fault continued. we the paid a further total of £1500 for further work to fix the fault.After which I put my foot down when they wanted to charge us another £500 to replace yet another part. They eventuly sent it to m ain dealer who found the fault to be an injector and nothing todo with the partsor work done by garage that suppied the car. the injector couldn't be replaced without additional work which would have cost a further £3000 and by this time the car had been in the garage yet again for 6wekks. We were forced to replace the car. In 10 months we had the car. It had spent over 10weeks in the garage. we asked the supplier to replace the car or give us a loan car, they said we give £1000 part ex...We told them what todo with thatr idea. The main dealer offered us £3500 off another car so that was the only real option open to us at the time. that was Dec 24th 2011. as of may 31st dealer still had other car as they had not been able to fix it. Finance ombudsman appeal in at the mo, waiting for outcome of that. we now have found local solicitor who is going to have a look at this. finace company won't co-operate and need toget orriginal paperwork back from courts
I'm going to opt out to see if another expert has any ideas.Law Denning41100.71054375
Thanks for your question. Please remember to rate my answer SMILEY FACE OR ABOVE so that I am credited for my time.When you issued proceedings why did you not add the finance company as a joint defendant?Please use complete sentences when you reply.
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