Hire Purchase and Manufacturing Defect

[nick_968]

I have a friend who has a car in its 4th year of finance from new. The car is low miles (20k) and has FSH but has developed a terminal gearbox fault which the dealership have put in writing is a manufacturers defect. The manufacturer has only offered to pay 50% as the car is out of warranty by 9 months. They are not budging.

As it is a manufacturing defect is the hire purchase company not liable as they own the car, they also supplied the car under the supply of goods act and the consumer credit act? As such is there some cover under the satisfactory quality/ consumer rights etc?

There does not appear to be any direct link to the manufacturer as the hire purchase company is the one who bought the car on paper.

[PositronicRay]

You can try the finance House, but a manufacturing defect is a hard thing to prove on a 4 year old car.

[Ean218]

I'd say the manufacturer's representative, the dealership, putting it in writing is pretty strong proof.

[rfoster]

Assume the manufacturer is offering a goodwill gesture towards the repair / replacement. The finance company, while they have a responsibility under the agreement will be free of any liability due to the length of time the agreement has been running for (6 months under the consumer rights act.)