I want to take legal action — PCP Finance
Discussion
IJB1959 said:
I had a similar situation with a new car a few years ago. Took the dealer to County Court and won. Got full refund of all monies paid, and £4200.00 in additional compensation and costs. The District Judge ruled that the car 'was not fit for purpose'. If you decide to take this route make sure you record EVERYTHING....mileage and time to and from dealer, all conversations, correspondence, and a written AA/RAC evaluation on all repair work carried out. It was a very stressful and time consuming thing to do, but when you are just being taken for a fool with no resolve and paying for the privilege, then you need to get the sledgehammer out so to speak.
Jesus. What car was that on if you don't mind me asking and what problems did you face? At least you got out of it in the end!The majority of the issues listed by the OP seem to be small niggles, albeit frustrating. All of which bar one have been fixed.
It seems to me that you want out of the PCP agreement as you have realised that you've made a big mistake, and are attempting to use these as a get-out clause!
Mind boggling that you are also insulting people on the thread, calling them idiots....
Oh and Arnold clark aren't known for having the best (if any) customer service, so I doubt they will be of much assistance, and highly doubt they will even consider taking your car back
It seems to me that you want out of the PCP agreement as you have realised that you've made a big mistake, and are attempting to use these as a get-out clause!
Mind boggling that you are also insulting people on the thread, calling them idiots....
Oh and Arnold clark aren't known for having the best (if any) customer service, so I doubt they will be of much assistance, and highly doubt they will even consider taking your car back
JM93 said:
The majority of the issues listed by the OP seem to be small niggles, albeit frustrating. All of which bar one have been fixed.
It seems to me that you want out of the PCP agreement as you have realised that you've made a big mistake, and are attempting to use these as a get-out clause!
Mind boggling that you are also insulting people on the thread, calling them idiots....
Oh and Arnold clark aren't known for having the best (if any) customer service, so I doubt they will be of much assistance, and highly doubt they will even consider taking your car back
Not all of them have been fixed. The rear lights are still faulty, my steering wheel is still faulty and the top mounts are still faulty. It seems to me that you want out of the PCP agreement as you have realised that you've made a big mistake, and are attempting to use these as a get-out clause!
Mind boggling that you are also insulting people on the thread, calling them idiots....
Oh and Arnold clark aren't known for having the best (if any) customer service, so I doubt they will be of much assistance, and highly doubt they will even consider taking your car back
Idiotic comments though, suggesting I shouldn't get a car on finance because I'm a student? Funniest thing I've ever heard.
Obviously I've learnt Arnold Clark aren't any help, hence why I've started a thread with the title I want to take legal action.
MTech535 said:
Ironic that you keep calling people idiots, considering your current situation.
Lets be fair here, we all make mistakes, some of our own making and some not, and some times things go t*t's up when you don't expect them to. I'm sure the OP would be happy with the car and pay of the finance if it wasn't such a lemon, and all he's doing here is seeking some advice in the current circumstance and not wishing to be judged whether he can afford it or not, but calling people idiots is not helpful either. Best just stick to the topic at hand eh?IJB1959 said:
Lets be fair here, we all make mistakes, some of our own making and some not, and some times things go t*t's up when you don't expect them to. I'm sure the OP would be happy with the car and pay of the finance if it wasn't such a lemon, and all he's doing here is seeking some advice in the current circumstance and not wishing to be judged whether he can afford it or not, but calling people idiots is not helpful either. Best just stick to the topic at hand eh?
Precisely. Not once did I ask for financial advice off anyone . P4D said:
Idiotic comments though, suggesting I shouldn't get a car on finance because I'm a student? Funniest thing I've ever heard.
Bear in mind those comments were in relation to you being unable to afford to get yourself out of the finance, because you're a poor student...Anyway, the comments weren't "Don't get a car on finance because you're a student" but "Don't splurge your every bloody penny on finance because you've not got much income". I do hope your degree isn't in either English or Economics... Lemme guess - Meeja studies?
P4D said:
Obviously I've learnt Arnold Clark aren't any help, hence why I've started a thread with the title I want to take legal action.
Wouldn't taking it to a different Fiat dealer to be sorted under warranty be a much simpler solution? Unless, of course, the truth is that you recognise you can't afford it, and are desperately hoping to be able to wriggle early...P4D said:
Jesus. What car was that on if you don't mind me asking and what problems did you face? At least you got out of it in the end!
It was a new 2011 Mustang 5.0 V8. The list of faults were far too long to list TBH, suffice to say that it only covered 1200 miles and actually sat on my drive for 50% of the short ownership. The car and value difference is irrelevant though as long as you can prove it is 'not fit for purpose'. At the time I was relying on Sale of Goods Act 1979, the Sale and Supply of Goods to Consumers Regulations 2002, the Supply of Goods and Services Act 1982. This has changed now to just the Consumer Rights Act 2015, and in which you would now have better protection.I must add though that you need a good case to prove this as any repairs considered to be minor warranty issues will just be thrown out. For me it was the very last option.
Edited by IJB1959 on Saturday 22 April 16:10
TooMany2cvs said:
P4D said:
Idiotic comments though, suggesting I shouldn't get a car on finance because I'm a student? Funniest thing I've ever heard.
Bear in mind those comments were in relation to you being unable to afford to get yourself out of the finance, because you're a poor student...Anyway, the comments weren't "Don't get a car on finance because you're a student" but "Don't splurge your every bloody penny on finance because you've not got much income". I do hope your degree isn't in either English or Economics... Lemme guess - Meeja studies?
P4D said:
Obviously I've learnt Arnold Clark aren't any help, hence why I've started a thread with the title I want to take legal action.
Wouldn't taking it to a different Fiat dealer to be sorted under warranty be a much simpler solution? Unless, of course, the truth is that you recognise you can't afford it, and are desperately hoping to be able to wriggle early...Unable to take it to a Fiat dealer as it's an Abarth and has Abarth parts. Has to be an Abarth dealer. The closest one other than my dealer is 30 miles away, I'm not prepared to travel that far, especially how something seems to go wrong every other week.
Edited by P4D on Saturday 22 April 16:09
IJB1959 said:
It was a new 2011 Mustang 5.0 V8. The list of faults were far too long to list TBH, suffice to say that it only covered 1200 miles and actually sat on my drive for 50% of the short ownership. The car and value difference is irrelevant though as long as you can prove it is 'not fit for purpose'. At the time I was relying on Sale of Goods Act 1979, the Sale and Supply of Goods to Consumers Regulations 2002, the Supply of Goods and Services Act 1982. This has changed now to just the Consumer Rights Act 2015, and in which you would now have better protection.
Glad to hear you got it resolved though. P4D said:
Glad to hear you got it resolved though.
If I were you I would contact the finance company first and take the issue up with them as they have a responsibility to resolve this on your behalf. Write them a letter listing all the faults, and the inconvenience caused. Also give the dealer a reasonable time frame in writing in which to fix all the issues you have to your satisfaction, otherwise you will request a replacement car of the same specification and value from them under The Consumer Rights Act 2015, and failure to do so will result in a County Court action against them to return the car as 'not fit for purpose', and seek to recover all monies paid together with expenses incurred and Court costs.IJB1959 said:
If I were you I would contact the finance company first and take the issue up with them as they have a responsibility to resolve this on your behalf. Write them a letter listing all the faults, and the inconvenience caused. Also give the dealer a reasonable time frame in writing in which to fix all the issues you have to your satisfaction, otherwise you will request a replacement car of the same specification and value from them under The Consumer Rights Act 2015, and failure to do so will result in a County Court action against them to return the car as 'not fit for purpose', and seek to recover all monies paid together with expenses incurred and Court costs.
Cheers for them tips, I've been promised a call back on Monday from Abarth so if they don't get in touch I'll ring my finance company. P4D said:
Nope, my degree is in Web Development which has landed me a nice job for the end of May once my degree is completed.
Unable to take it to a Fiat dealer as it's an Abarth and has Abarth parts. Has to be an Abarth dealer. The closest one other than my dealer is 30 miles away, I'm not prepared to travel that far, especially how something seems to go wrong every other week.
30 miles???? Surely this would be the best option, you'd get a 2nd opinion and save you loads of further wasted time. You might find they fix the lot and you get a perfect working car. Also, as you'd be a new customer to them you might find you get a better reception as I assume your current dealer is as pissed with you as you are with them............ just sayingUnable to take it to a Fiat dealer as it's an Abarth and has Abarth parts. Has to be an Abarth dealer. The closest one other than my dealer is 30 miles away, I'm not prepared to travel that far, especially how something seems to go wrong every other week.
Edited by P4D on Saturday 22 April 16:09
D1ckie said:
30 miles???? Surely this would be the best option, you'd get a 2nd opinion and save you loads of further wasted time. You might find they fix the lot and you've get a perfect working car. Also, as you'd be a new customer to them you might find you get a better reception as I assume your current dealer is as pissed with you as you are with them............ just saying
Yeah true I suppose. Bet they think "oh god, he's back again". P4D said:
Yeah true I suppose. Bet they think "oh god, he's back again".
True, once you've fallen out with a dealer its very hard to get back on terms again.Why not book it into the other dealers for warranty work, and dont tell them about the issues you've had with the other dealer. That way you'll get a true report from them if you have faults or not
TooMany2cvs said:
P4D said:
Idiotic comments though, suggesting I shouldn't get a car on finance because I'm a student? Funniest thing I've ever heard.
Bear in mind those comments were in relation to you being unable to afford to get yourself out of the finance, because you're a poor student...Anyway, the comments weren't "Don't get a car on finance because you're a student" but "Don't splurge your every bloody penny on finance because you've not got much income". I do hope your degree isn't in either English or Economics... Lemme guess - Meeja studies?
t situation and ends up getting abuse because he's taken a £200 a month PCP? What a finacial disaster how will he ever recover! Anyone who's been to uni in the last 10 years knows that you have a lot of disposable income if you don't piss it up the wall every week.
I don't see anyone handing out advise on the supercar forum when people are spaffing thousands on monthlys for the latest shiny oranage toy, even though they are probably spending the same proportion of thier monthly take home on a car.
Good luck OP
IJB1959 said:
MTech535 said:
Ironic that you keep calling people idiots, considering your current situation.
Lets be fair here, we all make mistakes, some of our own making and some not, and some times things go t*t's up when you don't expect them to. I'm sure the OP would be happy with the car and pay of the finance if it wasn't such a lemon, and all he's doing here is seeking some advice in the current circumstance and not wishing to be judged whether he can afford it or not, but calling people idiots is not helpful either. Best just stick to the topic at hand eh?SDarks said:
Give the guy a break, he's come on for some advice because of a st situation and ends up getting abuse because he's taken a £200 a month PCP? What a finacial disaster how will he ever recover!
Anyone who's been to uni in the last 10 years knows that you have a lot of disposable income if you don't piss it up the wall every week.
I don't see anyone handing out advise on the supercar forum when people are spaffing thousands on monthlys for the latest shiny oranage toy, even though they are probably spending the same proportion of thier monthly take home on a car.
Good luck OP
Cheers! I appreciate your reply! t situation and ends up getting abuse because he's taken a £200 a month PCP? What a finacial disaster how will he ever recover! Anyone who's been to uni in the last 10 years knows that you have a lot of disposable income if you don't piss it up the wall every week.
I don't see anyone handing out advise on the supercar forum when people are spaffing thousands on monthlys for the latest shiny oranage toy, even though they are probably spending the same proportion of thier monthly take home on a car.
Good luck OP
D1ckie said:
True, once you've fallen out with a dealer its very hard to get back on terms again.
Why not book it into the other dealers for warranty work, and dont tell them about the issues you've had with the other dealer. That way you'll get a true report from them if you have faults or not
I've been recommended a place to take it by a another Abarth owner. I'll wait and see what Abarth phone up and say on Monday then take it from there. Why not book it into the other dealers for warranty work, and dont tell them about the issues you've had with the other dealer. That way you'll get a true report from them if you have faults or not
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