Can my sister get her deposit back? Car returned
Discussion
So she knew the power steering wasn't covered?
Putting aside the legality of the document for a minute, owning a car does come with some responsibility.
Also, despite what people here will tell you, filling in a Small Claims form does not automatically get you your money back. Having a hearing in a Small Claims court does not automatically get you your money back. Winning in a Small Claims court does not automatically get you your money back. Getting the bailiffs round does not automatically get you your money back.
If your sister wants to spend the next 12/18 months without a car and a lot of expense and time going to court, then go ahead. If it was me, and it was my sister, I'd lend her the money to get the car fixed - then worry about what to do.
Putting aside the legality of the document for a minute, owning a car does come with some responsibility.
Also, despite what people here will tell you, filling in a Small Claims form does not automatically get you your money back. Having a hearing in a Small Claims court does not automatically get you your money back. Winning in a Small Claims court does not automatically get you your money back. Getting the bailiffs round does not automatically get you your money back.
If your sister wants to spend the next 12/18 months without a car and a lot of expense and time going to court, then go ahead. If it was me, and it was my sister, I'd lend her the money to get the car fixed - then worry about what to do.
The car has been returned, RAC recovered the car and brought it to a garage.
Mechanic called up RAC and they've said it's not covered so my sister has been in touch with the company she got the car from.
They have said because your hiring the car it's up to you to fix it. She's then told them to collect the car themselves as she's not paying out for it.
The way they've sold it to her when she was getting it was that she's borrowing the money from them and she's just paying it back. But obviously there is actually no finance regulated company involved.
When we spoke to RAC they said the warranty they offer is the basic only covers small things such a tyres horns ect
Mechanic called up RAC and they've said it's not covered so my sister has been in touch with the company she got the car from.
They have said because your hiring the car it's up to you to fix it. She's then told them to collect the car themselves as she's not paying out for it.
The way they've sold it to her when she was getting it was that she's borrowing the money from them and she's just paying it back. But obviously there is actually no finance regulated company involved.
When we spoke to RAC they said the warranty they offer is the basic only covers small things such a tyres horns ect
Going off on a different tack here but there is more to worry about than the car`s reliability.
If she has no V5, who is the car registered to?
Who insures it? Any `Hire car` I`ve ever had it was all included. Avis, Hertz etc are like that!
If your sister is insuring it has she declared she is not the Registered Keeper?Legal owner?
Who is making sure its taxed & MOT`d?
This all sounds like the biggest Barrel of Monkeys that is also full of several opened cans of worms ever!!
If she has no V5, who is the car registered to?
Who insures it? Any `Hire car` I`ve ever had it was all included. Avis, Hertz etc are like that!
If your sister is insuring it has she declared she is not the Registered Keeper?Legal owner?
Who is making sure its taxed & MOT`d?
This all sounds like the biggest Barrel of Monkeys that is also full of several opened cans of worms ever!!
The whole thing looks a complete mess but I think northwest monkey's advice above is very good.
She probably has got a very good case and one way or another, morally, she may well win something and the supplier get into all sorts of trouble for dodgy financial agreements. However, equally, I think the likely outcome will be no money and no car. By the time anything happens the supplier will be long gone and there will be a new company called OldName(2017) Ltd in it's place.
Also, living in the real world, no warranty is ever going to cover anything on £1500 car. No such thing exists. Cars at this price range always have been, always are and always will be a gamble which is why they are cheap in the first place. No matter how you buy one when it goes wrong you will be paying to fix it.
What has gone wrong with it? Does it really need £500 spent on it? Could a £50 secondhand pump or something sort it?
Personally, I'd probably find a cheap way to fix it and agree something with the seller to call it a day with a lump sum pay off (can anyone lend her some money) and call it a day.
She probably has got a very good case and one way or another, morally, she may well win something and the supplier get into all sorts of trouble for dodgy financial agreements. However, equally, I think the likely outcome will be no money and no car. By the time anything happens the supplier will be long gone and there will be a new company called OldName(2017) Ltd in it's place.
Also, living in the real world, no warranty is ever going to cover anything on £1500 car. No such thing exists. Cars at this price range always have been, always are and always will be a gamble which is why they are cheap in the first place. No matter how you buy one when it goes wrong you will be paying to fix it.
What has gone wrong with it? Does it really need £500 spent on it? Could a £50 secondhand pump or something sort it?
Personally, I'd probably find a cheap way to fix it and agree something with the seller to call it a day with a lump sum pay off (can anyone lend her some money) and call it a day.
HustleRussell said:
It's a 15 year old, £1,700 car- how obliging do you expect the dodgy bomb site dealer's warranty to be?
You could buy it from a £700m showroom on Park Lane and there will still be no warranty because just how expensive a warranty is ever going to be included in a £1700 car? Even if it is £200 who here would willingly cover anything and everything which might go wrong on a 15 year old car for a year for that? Answer: no one. And no warranty company ever will either. They don't exist because the cost v risk will never work.dwight666 said:
she's sorted a new car now anyway but obviously she's peeved of and lost hundreds.
I just wanted people's opinion on whether she has a good case or not if it has to go to court.
Which sounds like we do
My gut feeling is that you'll spend £100s in court fees and getting some proper legal advice (which you will need to bring a proper case working out that agreement and ownership of the car) and by the time you get there the entity you are trying to take to court will either no longer exist or have no assets anyway.I just wanted people's opinion on whether she has a good case or not if it has to go to court.
Which sounds like we do
Be careful you are not just throwing good money after bad. Small Claims Court isn't actually that cheap - it is cheap to start a case but costs can mount and you'll need to pay these upfront - takes a long time and even if you win you getting the money can be a nightmare.
Incidentally, she hasn't really lost all that much. She's paid £780 for 4 and a bit months of car use. OK, so not cheap really but there is no way she will be getting all of her money back even in the best case scenario and if she doesn't get costs awarded and then actually get the money you'll spend more in court costs then you could ever get back anyway.
What was the cash price of the car?
I would expect a "dodgy" contract like this to charge a really high interest rate to borrow the money for the 12 months.
Based on the Brighthouse financial model, I would expect half of that £1700 total to be interest making it really a sub £1k car.
As said, put it down to experience and move on.
Where possible, if paying a deposit L, pay it by credit card but not always if you have a poor credit rating and don't have one.
Hope your sister has better luck with her next car...
I would expect a "dodgy" contract like this to charge a really high interest rate to borrow the money for the 12 months.
Based on the Brighthouse financial model, I would expect half of that £1700 total to be interest making it really a sub £1k car.
As said, put it down to experience and move on.
Where possible, if paying a deposit L, pay it by credit card but not always if you have a poor credit rating and don't have one.
Hope your sister has better luck with her next car...
Edited by cuprabob on Sunday 23 July 11:40
I'm surprised there's no mention of maintenance in the agreement. Comparing it to Hertz/Avis is pretty stupid - talk about not comparing apples with apples.
There's likely to have been no finance as such on the car, however the value of the car may have been inflated
I'm afraid I have little sympathy for your sister. She is a sub prime risk, not able to raise "traditional" finance for a car that's worth somewhere between £1,000 and £2,000. Because of this she has elected to go down an atypical route and either not understood the consequences of what she's doing or now trying to weasel her way out of the agreement. The dude she bought from is offering something to allow her to be independently mobile regardless of the fact she can afford to buy a car. The alternative is that she doesn't have a car...however the bus isn't an attractive option!!!
I have a friend over here who is a part time car dealer. He occasionally operates this type of agreement on a handshake for people who can't afford to pay in full immediately.
There's likely to have been no finance as such on the car, however the value of the car may have been inflated
I'm afraid I have little sympathy for your sister. She is a sub prime risk, not able to raise "traditional" finance for a car that's worth somewhere between £1,000 and £2,000. Because of this she has elected to go down an atypical route and either not understood the consequences of what she's doing or now trying to weasel her way out of the agreement. The dude she bought from is offering something to allow her to be independently mobile regardless of the fact she can afford to buy a car. The alternative is that she doesn't have a car...however the bus isn't an attractive option!!!
I have a friend over here who is a part time car dealer. He occasionally operates this type of agreement on a handshake for people who can't afford to pay in full immediately.
Typical sub prime customer, can't afford it in the first place, when it goes wrong, doesn't want to pay for it, wants numerous months 'free' motoring, wants her deposit back, SOGA, blah, blah,blah...and it's everyone else's fault but their own.
Why has she got s
tty credit rating in the first place?
Let me guess, dosn't pay her rent, can't afford electric bill, gas bill, council tax, probably has thousands coming in, in benefits, bet she has the latest i phone three million and seven though, as well as numerous tatoos she has paid hundreds for.
1700 quid car has a fault several months later.....Fix it.
Why has she got s
tty credit rating in the first place?Let me guess, dosn't pay her rent, can't afford electric bill, gas bill, council tax, probably has thousands coming in, in benefits, bet she has the latest i phone three million and seven though, as well as numerous tatoos she has paid hundreds for.
1700 quid car has a fault several months later.....Fix it.
Mexman said:
Typical sub prime customer, can't afford it in the first place, when it goes wrong, doesn't want to pay for it, wants numerous months 'free' motoring, wants her deposit back, SOGA, blah, blah,blah...and it's everyone else's fault but their own.
Why has she got stty credit rating in the first place?
Let me guess, dosn't pay her rent, can't afford electric bill, gas bill, council tax, probably has thousands coming in, in benefits, bet she has the latest i phone three million and seven though, as well as numerous tatoos she has paid hundreds for.
1700 quid car has a fault several months later.....Fix it.
Just a bit presumptuous don't you think.Why has she got s
tty credit rating in the first place?Let me guess, dosn't pay her rent, can't afford electric bill, gas bill, council tax, probably has thousands coming in, in benefits, bet she has the latest i phone three million and seven though, as well as numerous tatoos she has paid hundreds for.
1700 quid car has a fault several months later.....Fix it.
Mexman said:
Typical sub prime customer, can't afford it in the first place, when it goes wrong, doesn't want to pay for it, wants numerous months 'free' motoring, wants her deposit back, SOGA, blah, blah,blah...and it's everyone else's fault but their own.
Why has she got stty credit rating in the first place?
Let me guess, dosn't pay her rent, can't afford electric bill, gas bill, council tax, probably has thousands coming in, in benefits, bet she has the latest i phone three million and seven though, as well as numerous tatoos she has paid hundreds for.
1700 quid car has a fault several months later.....Fix it.
Presumptuous and out of order Mr Mexman. Why has she got s
tty credit rating in the first place?Let me guess, dosn't pay her rent, can't afford electric bill, gas bill, council tax, probably has thousands coming in, in benefits, bet she has the latest i phone three million and seven though, as well as numerous tatoos she has paid hundreds for.
1700 quid car has a fault several months later.....Fix it.
Mr Teddy Bear said:
Presumptuous and out of order Mr Mexman.
you get it a lot on ph, people make massive assumptions about things that have little or no knowledge of. Probably said on here before and they lap it up or the Dailymail said it. 21% of the uk population live in relative poverty, not benefits people poverty but the bulk of these are hard working people just not had the luck others in life have. Sometimes these people can't tie there boot laces up and work harder (the standard ph response).
The problem is sitting behind a pc screen ranting at the unfortunate doesn't; really give you an objective point of view on these matters to hand.
Gassing Station | General Gassing | Top of Page | What's New | My Stuff