Finance Company Liability due to Engine Component Failure
Discussion
Just after a legal standpoint if I may as I’m getting some conflicting advice.
I have a Jaguar 5.0 SC that has had about £11k worth of engine work, luckily all under warranty. However the car has been in the dealer for 3 months while the repair has been carried out. The length of stay is for various reasons, incl mis-diagnosis; dealer too busy; and supply of parts.
The failure was a tappet bucket that, through a manufacturing defect of not being correctly case hardened, has failed with 50k on the clock. I bought the car 3 years ago with 3k on the clock. The engine has required a new cylinder head with the other being refurbed.
I’ve paid three months of finance without having any use - which is the reason for the post. Some people say I have a case against the finance company to recover all or part of this £3k, as a fault existed with the car at point of sale. Is this still that case after 3 years and 47k miles?
I’ve enquired with the finance company who initially said that if a manufacturing defect caused an issue, then they could be liable. They have now ‘investigated’ the case, and backed down from that saying that if the engine had that defect at point of sale it would have failed straight away.
I have a Jaguar 5.0 SC that has had about £11k worth of engine work, luckily all under warranty. However the car has been in the dealer for 3 months while the repair has been carried out. The length of stay is for various reasons, incl mis-diagnosis; dealer too busy; and supply of parts.
The failure was a tappet bucket that, through a manufacturing defect of not being correctly case hardened, has failed with 50k on the clock. I bought the car 3 years ago with 3k on the clock. The engine has required a new cylinder head with the other being refurbed.
I’ve paid three months of finance without having any use - which is the reason for the post. Some people say I have a case against the finance company to recover all or part of this £3k, as a fault existed with the car at point of sale. Is this still that case after 3 years and 47k miles?
I’ve enquired with the finance company who initially said that if a manufacturing defect caused an issue, then they could be liable. They have now ‘investigated’ the case, and backed down from that saying that if the engine had that defect at point of sale it would have failed straight away.
Are you buying the car or renting it ? ( Not in the usual facetious PH way )
If you are buying or PCPing the car then a substantial part of the £3000 will be going to reducing the capital on your loan . Are you suggesting you should have a payment holiday and make up the deferred repayments once you have the car back?
If you are suggesting that those payments should be credited completely then effectively that would give you a £3000 reduction in the price that you paid for the vehicle, in addition to the FOC repair. That sounds nice but it doesn't sound fair to the other parties.
If it's a lease then you may have a different argument depending on your contract.
If you are buying or PCPing the car then a substantial part of the £3000 will be going to reducing the capital on your loan . Are you suggesting you should have a payment holiday and make up the deferred repayments once you have the car back?
If you are suggesting that those payments should be credited completely then effectively that would give you a £3000 reduction in the price that you paid for the vehicle, in addition to the FOC repair. That sounds nice but it doesn't sound fair to the other parties.
If it's a lease then you may have a different argument depending on your contract.
It’s PCP.
Like I say, I’m getting conflicting advice outside of the finance company. I’ve no idea really, but it does seem the 5.0 isn’t as robust as people were lead to believe. That could start to affect resale too.........
https://robisonservice.blogspot.com/2019/08/timing...
I’ve had all three tensioners replaced on a car built in 2015.
Like I say, I’m getting conflicting advice outside of the finance company. I’ve no idea really, but it does seem the 5.0 isn’t as robust as people were lead to believe. That could start to affect resale too.........
https://robisonservice.blogspot.com/2019/08/timing...
I’ve had all three tensioners replaced on a car built in 2015.
VAGLover said:
If this is a PCP - Why would the finance company be liable?
They didn’t sell you the car, or manufacturer it.
They are simply lending you money.
I'm not 100% sure but they own the car during the contract and you're effectively hiring it? Therefore they are responsible for repairs?They didn’t sell you the car, or manufacturer it.
They are simply lending you money.
VAGLover said:
If this is a PCP - Why would the finance company be liable?
They didn’t sell you the car, or manufacturer it.
They are simply lending you money.
They told me they are responsible for ensuring the car I have on finance is of a reputable quality and has no manufacturing defects. But then when one popped up, they withdrew that. They didn’t sell you the car, or manufacturer it.
They are simply lending you money.
_Hoppers said:
VAGLover said:
If this is a PCP - Why would the finance company be liable?
They didn’t sell you the car, or manufacturer it.
They are simply lending you money.
I'm not 100% sure but they own the car during the contract and you're effectively hiring it? Therefore they are responsible for repairs?They didn’t sell you the car, or manufacturer it.
They are simply lending you money.
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