PCP Financing . Car immediately not fit for purpose
PCP Financing . Car immediately not fit for purpose
Author
Discussion

Geordie Dave

Original Poster:

9 posts

89 months

Saturday 13th April 2019
quotequote all
Hi I wonder if you could help please

Son bought a car on PCP last week . WHe sorted the finance over the phone and email and then went to dealers

lot and took possession of the car. No deposit was paid. However, it is faulty - to the extent that an

independent garage said that it is an MOT failure

We wish to return it. But the dealer said, it is up to the Finance Company (Money Barn), since it belongs to

them

The finance company say that will have a look and take steps to resolve withn 56 days - this seems too long since:


i) we wish to cancel the credit with the finance company (14 days)
ii) we wish to ensure that the car is back with the dealer with the statutory 30 days - as per consumer

rights and dont want the finance company to delay on this

What steps should we take please. What actually should we do with the car. It wont even start now. Should it

go to the Dealer or to the Finance Company (who I understand, actually own it)

Many thanks,

M4cruiser

5,189 posts

179 months

Saturday 13th April 2019
quotequote all
I've just remembered why I don't use finance any more, just get a personal bank loan if I need, or buying a car I can actually afford is even better.

Sorry that doesn't help directly.


Butter Face

34,847 posts

189 months

Saturday 13th April 2019
quotequote all
The finance company own the car, but this doesn’t absolve the dealer from their responsibilities.

Being an ‘mot failure’ Doesn’t mean it’s not for for purpose. What, exactly, is wrong with the car?

Btw, your 14 day cooling off period on the finance just means you can withdraw from the agreement, pay it off form other means, it isn’t a get out of the car.

poo at Paul's

14,611 posts

204 months

Saturday 13th April 2019
quotequote all
im guessing you reject the car under CRA to both parties in wrting citing the reasons why. Is it new or second hand? if 2nd hand, does it need an mot, age wise?

Presuming you did not inspect the car prior to purchase, why would you / he do that? How much was the car? what is it and whats wrong with it? It could fail and MOT on a knackered washer jet or stone chip in screen, both easily fixable.

If it is buyers remourse, it may be more difficult, but not impossible if there are some faults.

Edited by poo at Paul's on Saturday 13th April 20:33

alistair1234

1,136 posts

175 months

Sunday 14th April 2019
quotequote all
M4cruiser said:
I've just remembered why I don't use finance any more, just get a personal bank loan if I need, or buying a car I can actually afford is even better.

Sorry that doesn't help directly.
So that would put you in a worse posiition in this case.

hutchst

3,727 posts

125 months

Sunday 14th April 2019
quotequote all
alistair1234 said:
So that would put you in a worse posiition in this case.
What am I missing here?

ClaphamGT3

12,237 posts

272 months

Sunday 14th April 2019
quotequote all

Durzel

12,999 posts

197 months

Sunday 14th April 2019
quotequote all
hutchst said:
alistair1234 said:
So that would put you in a worse posiition in this case.
What am I missing here?
It's pretty obvious.

If you get a bank loan and buy a pile of manure, you can't go to the bank and say "that's not what I meant to buy, can I have my money back please"

On the other hand it may well be possible to challenge a finance agreement based around a duff car.

anonymous-user

83 months

Sunday 14th April 2019
quotequote all
ClaphamGT3 said:
This! Is it real, is it the school holidays?

M4cruiser

5,189 posts

179 months

Sunday 14th April 2019
quotequote all
Durzel said:
hutchst said:
alistair1234 said:
So that would put you in a worse posiition in this case.
What am I missing here?
It's pretty obvious.

If you get a bank loan and buy a pile of manure, you can't go to the bank and say "that's not what I meant to buy, can I have my money back please"

On the other hand it may well be possible to challenge a finance agreement based around a duff car.
In theory you may have some additional clout from the Finance Company, but look at the OP, and the trouble it's causing him/her.

Pay for it with your own money and you'd do your best to check it first, and accept the problems (and learn) if there are any.



DaveH23

3,355 posts

199 months

Sunday 14th April 2019
quotequote all
Geordie Dave said:
However, it is faulty - to the extent that an

independent garage said that it is an MOT failure
What is the actual problem?

A 99p bulb could cause an MOT failure.

An MOT cert means nothing other than at thay very moment in time it is road worthy. 30 seconds later it could be a failure.

Durzel

12,999 posts

197 months

Sunday 14th April 2019
quotequote all
M4cruiser said:
Durzel said:
hutchst said:
alistair1234 said:
So that would put you in a worse posiition in this case.
What am I missing here?
It's pretty obvious.

If you get a bank loan and buy a pile of manure, you can't go to the bank and say "that's not what I meant to buy, can I have my money back please"

On the other hand it may well be possible to challenge a finance agreement based around a duff car.
In theory you may have some additional clout from the Finance Company, but look at the OP, and the trouble it's causing him/her.

Pay for it with your own money and you'd do your best to check it first, and accept the problems (and learn) if there are any.
To be honest the OP's son sounds like he/she has got cold feet and just wants out, talking about disregarding the attempts by FinCo to put things right, instead just wanting to cancel the whole thing.

As said above MOT failure could be plenty of very trivial and easily and cheaply replaced parts. It could be something as mundane as a bulb or blocked washer jets or something.

Tony1963

5,808 posts

191 months

Sunday 14th April 2019
quotequote all
Made up story, maybe copied and pasted from somewhere else.

Let’s all ignore it and get on with real issues.

Mexman

2,442 posts

113 months

Sunday 14th April 2019
quotequote all
Money barn, says it all really...
Sub, sub, subbier, than a sub prime thing in sub land.
Customer cannot get credit anywhere else, Money barn agree to lend, give you a choice of what car fits there lending criteria, 'Which one do you want?'
'Sign here, go pick it up'
Its more the customer who is unfit for purpose, wants what he cannot afford and does not want to pay for it.....ever.

Edited by Mexman on Sunday 14th April 13:53

Jonnny

29,897 posts

218 months

Sunday 14th April 2019
quotequote all
Durzel said:
M4cruiser said:
Durzel said:
hutchst said:
alistair1234 said:
So that would put you in a worse posiition in this case.
What am I missing here?
It's pretty obvious.

If you get a bank loan and buy a pile of manure, you can't go to the bank and say "that's not what I meant to buy, can I have my money back please"

On the other hand it may well be possible to challenge a finance agreement based around a duff car.
In theory you may have some additional clout from the Finance Company, but look at the OP, and the trouble it's causing him/her.

Pay for it with your own money and you'd do your best to check it first, and accept the problems (and learn) if there are any.
To be honest the OP's son sounds like he/she has got cold feet and just wants out, talking about disregarding the attempts by FinCo to put things right, instead just wanting to cancel the whole thing.

As said above MOT failure could be plenty of very trivial and easily and cheaply replaced parts. It could be something as mundane as a bulb or blocked washer jets or something.
Yep, also get the feeling it's cold feet and finding anything to get out of it.

bigandclever

14,363 posts

267 months

Sunday 14th April 2019
quotequote all
Let’s see if the PH powers have worked out that moving a new poster’s post to a part of the site that new posters can’t post in remains a completely fking stupid stance.

Geordie Dave

Original Poster:

9 posts

89 months

Sunday 14th April 2019
quotequote all
There is a fair litany of MOT failures

- split tyre walls
- broken headlights etc

and the car wont start


Yes in theory all fixable, but really it couldnt be claimed that the car was "fit for purpose" under CRA 2015

Thanks

Geordie Dave

Original Poster:

9 posts

89 months

Sunday 14th April 2019
quotequote all
- yes Mod has allowed me to post! And not a made up story


It isnt so much disregarding FinCo's attempts - it is that they want 56 days to correct this, whereas we would rather have our consumer rights which expire after 14 days (Finance) and 30 days (CRA) . If they expire then we are shaky ground

And do I think it was wise to arrange PHP without seeing car - no I dont , I think its idiotic

Edited by Geordie Dave on Sunday 14th April 14:31

Durzel

12,999 posts

197 months

Sunday 14th April 2019
quotequote all
What was the MOT failure? Your original post is unclear as to whether this indie garage actually put it through an MOT or just looked at it and said they thought it would fail.

hutchst

3,727 posts

125 months

Sunday 14th April 2019
quotequote all
Tyres would be classed as consumables so wear and tear items not within a fitness for purpose definition for a second hand car.

That leaves you with a headlamp bulb. Anything else?