I want to take legal action — PCP Finance

[P4D]

Hello all. I'm not sure which category to post this in so apologies if it's in the wrong place.

Anyway...

I bought an Abarth 500 on a PCP deal back in August 2015. I've had nothing but problems with it and the dealer is useless.

I've had it 20 months and this is what work has been carried out on it:

- Rear lights replaced x2
- Front lights replaced
- DRL rewired
- Whole aerial including mast etc has been replaced
- Steering column altered
- Exhaust sealed
- Top mount squeaking x3 - They still haven't resolved this as they claim they can't hear the sound.
- Centre caps replaced as some of the clips were broken

And today, the mount has started making a grinding noise. It's been booked in yet again to be looked at and replaced. My dealer is saying it might not come under warranty which I don't quite understand? It's been in three times before its gotten this bad so surely it's their fault for not noticing it early on?

To be truthfully honest, it's causing me so much stress. I travel 20 miles to get to the dealer and when I go to pick it up, it's never fixed either. I have to get my father to take time off work to pick me up from the dealer as they will not provide me a courtesy car, I have to take time off uni to get there and it's also adding irrelevant miles onto my car and I'm also contracted to 8k pa . I'm paying over £200 a month for a car which quite frankly has never been in an acceptable condition.

Can anyone give me any advice on what I can do to resolve this legally. I'd be over the moon if I could hand the car back in and call it quits, but I don't think that's ever going to happen!

Cheers,

Patrick

[P4D]

I've not even mentioned about getting out of the contract. Last week it went in for a service and supposedly warranty work. Came back to find out none of the work had been carried out. Told them I would take legal action as it is becoming a bit of a joke. I asked to speak to the manager, took him outside and pointed out the things that should have been fixed, one of them being the squeak in the top mount. He said they'd keep it in over the weekend and fix it, and due to the inconvenience caused, they agreed the courtesy car was free. Collected it three days after, all things fixed except the mount.

Edited by P4D on Wednesday 19th April 19:13

[P4D]

elanfan said:

How about going over the dealers head and straight to the manufacturers? A complaint to them might at least get your problems sorted (and hopefully free). Tell them you've lost faith in the dealer and would rather it be dealt with elsewhere, with any luck they could arrange collection by another dealer.

I contact Abarth direct today, they've escalated the case and said they'll be in contact with my dealer to find out why I've had all these problems. Hopefully hear back by Friday.

[P4D]

Barkychoc said:

If you have paid 50% of the finance agreement you can hand it back. You won't get any residual value, but it may be an option.

I've no where near paid 50%, i'm only 20 months into my agreement. Won't have paid 50% till the near end of the third year.

[P4D]

Short Grain said:

Hopefully Abarth will get it sorted if they've escalated it themselves.

I'm hoping so. I've hard the worst luck in the world with this car. Just praying if it is the top mounts, they're fixed under warranty.

[P4D]

br d said:

Scary things these PCP deals.

Hm. Wouldn't say scary, just got the worst luck ever.

[P4D]

br d said:

I didn't mean your bad luck with the car, I was referring to the fact that it takes 3 years to cover half the payment of the debt.

I'm not knocking them, I know they allow many people the opportunity too get into a decent car they otherwise couldn't reach but it just seems like a long road to me.

However, you're a young man, plenty of time. Ignore me, I'm just getting more risk averse as I age!

I think its also due to the fact I put one months deposit down. I kinda wish I looked around, maybe its a lesson learnt to never buy the first car I set my eyes on. Wish I looked into leases too.

[P4D]

Rovinghawk said:

Should HAVE been, FFS.

Clearly uni hasn't paid off.

[P4D]

Sheepshanks said:

I'd certainly be pissed off by the hassle, but, seriously "worst luck in the world"?


Are you thinking you'll keep the car at the end of the PCP, or would you likely hand it back?

If it continues like this, I'll be trying to get rid at the earliest opportunity. If things get fixed i'll keep it till the contract is over. I will not be paying the balloon payment at the end of the PCP to keep it.

[P4D]

Sheepshanks said:

It's needed new lights (is that a known issue with this model?) and it's got a squeak.

That's not my issue. It's the fact it goes in every other week. Its taken four visits for them to realise what the squeak is. They've changed the lights three times? A brand new car should not have to go in this much surely? My 52 plate Corsa was more reliable. It the distance I travel, money I waste on petrol and having to be cheeky and getting my parents to take time off work to pick me up from the dealer that bothers me.

[P4D]

oceanview said:

Never mind PCP- I think the problem is F.i.a.t .

Stay away from rubbish in future!!

100% will. Learnt a huge lesson here.

[P4D]

mikeveal said:

To reject the car you would have to prove that it is not of merchantable quality. That will be a toughie, however if it's spent more time in at the dealer than it has with you you might stand a chance.

What ever you chose to do, you have purchased the car on credit, which means the Consumer Credit act applies. Your finance company are jointly and severably liable. Google the term if you're not familiar.

A friend of mine was in a similar situation but with Mini. He mentioned the consumer credit act and in the end they refunded all of his monthly payments, took the car back and called it quits.

[P4D]

papa3 said:

Not for faulty lights and a squeak they didn't.

If you read the thread before you comment, I'll think you'll find my car has more than a squeak and faulty lights. Idiot.

[P4D]

Helicopter123 said:

OP,

Nothing to stop you selling the car and settling the finance at any stage. If the car is worth more than the debt, you will have some equity to move onto the next car. If not, then you will be out of pocket.

At this point i'll be out of pocket by about £4000. Being a student, this isn't an option for me i'm afraid.

[P4D]

papa3 said:

Sorry, you're right, the lights have been fixed. They certainly didn't refund his agreement for a squeak.

From the list above you have had a series of niggles, which the dealer has fixed under warranty and perhaps a small rodent living in your engine bay.

Right. A brand new car should not have to visit the dealer that many times surely. Being a student I cannot afford to take time off uni and my parents can't afford to take time off work just to help me get my car from the dealership.

I can almost guarantee if you was in my situation, you'd be saying the exact same things. So before you jump to conclusions and stating it's a "series of niggles", put yourself in my shoes for a second. Saying that, you're probably some stuck up snob.

[P4D]

berlintaxi said:

Reading the list in your post is hardly much more, inconvenient issues, but hardly the end of the world.

Probably isn't the end of the world, you're right. However when it's constantly breaking and needing to go in for warranty replacements, that's when it's annoying as it's not just a simple visit to the dealer.

[P4D]

papa3 said:

They certainly didn't refund his agreement for a squeak.

I can assure you he didn't have as many problems as mine. I think the worst of his problems was a rattle in the door cards. You love jumping to conclusions bless you.

[P4D]

papa3 said:

They didn't refund his agreement for a rattle. They won't refund yours for a squeak.

Okay, you keep telling yourself that

[P4D]

hornetrider said:

I hate to be that guy - but my mind boggles. You're a student but running round in a PCP'd brand new Abarth at over 200pcm? And yet you can't afford to simply sell it because you're in over your head with the finance?

When I was a student I had a £1500 Metro. There's no PCP on those.

I have worked part time from leaving school, so clearly I've saved a little bit of money which has allowed me to afford one on PCP. My settlement is just over £11.5k and my cars worth about £7k - £8k, so no, I can't "afford to simply sell it".

[P4D]

hornetrider said:

Is an 18 month old Abarth really only worth 7k? How much was it new?

Was £14,995 new. With the mileage taken into consideration, that's probably all I'll get. WBAC quoted £8k.