Consumer Rights Act 2015 is destroying my business

[andymc1973 199]

can I clarify do they have to get the car back to us prior to rejection to be inspected got a guy on the go who has admitted he doesn't like the car and is now claiming it won't start, im almost positive he has ran it low on petrol

[SC Derby 259]

He has to prove fault was there at point of sale in order to exercise short term right to reject.

[andymc1973 199]

he drove the bloody thing away. He was nice and pleasant and as usual they go on the internet and become George Carmen

[andymc1973 199]

2 hours ago, SC Derby said:

He has to prove fault was there at point of sale in order to exercise short term right to reject.

but they do have to allow us to inspect I assume?

[SC Derby 259]

If he can categorically prove you sold him a car with significant fault he can reject it

but how easy is that to do in reality? 

'It won't start mate' isn't proof is it?

[andymc1973 199]

20 hours ago, SC Derby said:

He has to prove fault was there at point of sale in order to exercise short term right to reject.

but they do have to allow us to inspect I assume?

 

i have asked him to drop the car in and if its knackered he can have his money back, if its low on fuel and this has caused the issue he can whistle dixie, why do they have to go legal when you have been as friendly as possible? I even offered to put him into a car he preferred with financial hardship to a minimum

[SC Derby 259]

If he is being awkward as him to prove the car has a fault in writing.

Ask him*

[John13 0]

Ok so I had a girl buy a mini on the weekend, she test drove it, loved it. Applied for finance and signed the agreement all on the same day. The finance company have paid out, and she's due to collect the car tomorrow. She calls me today to tell me she wants out of it as it was an impulse buy. I've just been told from a finance rep there's nothing I can do about it because the car hasn't left the premises? There doesn't even have to be a fault, she can change her mind?! A 14 day "Cooling-Off Period" I've spent money on the car for her and taken it off sale, turned other potential buyers away. Can she really walk away from this scot-free? 

Edited March 28, 2017 by John13

[SC Derby 259]

I think she can return the car to the finance company, don't think they can do the same to you though (even though they may SAY they can...)

Which finance company is it?

[John13 0]

But the car is still sitting on my forecourt... I can't see someone from MotoNovo saying "oh too bad for us we've already paid the dealer for it we better go and collect our Mini it's our problem now. "

Edited March 28, 2017 by John13

[SC Derby 259]

They might not want to do that but that could what they have to do?

I'd stop asking the rep and either read the Ts&Cs or take some impartial advise, possibly lawgistics?

Or if you don't want the hassle, reverse the deal and go again.

[Rory RSC 596]

Finance 14 day cooling off period is not 14 days to hand the car back.

You still own it, you have still bought it you just have to find another way to fund it and walk away with no financial penalty / maybe just interest for the days used.

If you force customer into the car they are just going to become a pain, something minor will go wrong and they will go back demanding refund.

If they have no deposit into the deal at all you will just never hear from them again so not much you can do.

Motonovo will not push abandonment or anything like that I just can't see it.

[Carlscs 1]

Know the law better than anyone else and be willing to stand your ground when you know you're right. When i know i'm in the right, I'll dig my heels in so hard, Aussies can see the soles of my feet! If i'm in the wrong it doesnt get that far as i always do the right thing by my customers. 

The world is full of idiots and the finance companies just want a quiet life. CF24/7 being the worst!!

On 3/28/2017 at 2:20 PM, John13 said:

Ok so I had a girl buy a mini on the weekend, she test drove it, loved it. Applied for finance and signed the agreement all on the same day. The finance company have paid out, and she's due to collect the car tomorrow. She calls me today to tell me she wants out of it as it was an impulse buy. I've just been told from a finance rep there's nothing I can do about it because the car hasn't left the premises? There doesn't even have to be a fault, she can change her mind?! A 14 day "Cooling-Off Period" I've spent money on the car for her and taken it off sale, turned other potential buyers away. Can she really walk away from this scot-free? 

 

Not much you can really do here John, she's not taken delivery. You can reasonably keep back some of her deposit for 'reasonable costs' but that's it. 

On 3/17/2017 at 1:02 PM, John13 said:

Hi, thanks for the replies.

I'm more than happy to take these cases to court, what alarms me is the finance company telling me I don't even have that opportunity. They are judge, jury and executioner and will just drop the car off at my premises then come after me for the money they paid me for the car months prior despite the car no longer being worth this. Apparently a customer just needs to lie and say he reported a fault within the first 30 days which I refused to fix, and they will accept this with no proof.

This business model now appears broken to me. Surely this is open to abuse also. What's stopping someone going around financing a new Q7 or X5 every few months, abusing it, creating a fault with the car and pretending they reported this fault within the first 30 days and getting out of the finance agreement? Extreme example but in theory someone can do this.

 

 

John,

 

Finance companies don't want the agro, one deal to them is a drop in the ocean, so they'd rather move on. they also don't want to risk ombudsman complaints as they cost money. 

If you want a decent 1st string lender, i find Close MF really good on this front, they value dealers and they've had my back a few times. Motonova are no better than CF24/7 on this front in my opinion.

 

If you can live without them, refuse to deal with CF24/7. they are mostly subprime customers with not a pot to p*** in. Hence why you get a lot of come back, because the customers can barely afford fuel, let alone maintaining a car, or they just get buyers remorse when the reality of their 30% apr kicks in!!

I genuinely rarely get any issues with my prime 1st string customers, maybe 2 complaints in 7 years ( 7 to 10 finnce deals a month) But sub prime, 1 in 10 cause grief!

Had a guy last month complain to CF24/7 because he felt the clutch on his 50k miles 7 year old car was half way through it's life....well duuuuhhhhhhh 

[John13 0]

I'm just going to take the hit on the Mini. It's mostly because MotoNovo have backed me with the Range Rover I mentioned earlier in this thread which is a huge relief and I don't want to repay them by causing them grief. I'll sell the mini again and doubt I'll lose on it. I still can't believe customers can do that though. Contractual agreements mean nothing apparently. What if I delivered the car to her address and posted the keys through her letter box when she refused to collect? Carfinance247 are still doing my head in over the Kuga. Things had gone quiet and a member of staff witnessed this clown bombing it through the city centre in the Kuga the other night, so I thought perhaps he was getting on with it, yet cf247 phoned me today to tell me he still wants to reject it. So he's currently renting my Kuga for free while I've to buy it off him for more or less what he paid for it 4 months ago... No chance. 

Edited April 7, 2017 by John13

[Carlscs 1]

John,

If a consumer wants to reject after the initial 30 days, reverse burden of proof applies. This means that if they want to reject rather than repair, they MUST prove that the fault was present at a point of sale, not so easy of course. They are however, entitled to a repair, which you are willing to oblige to, so you are meeting your legal obligations. With a DPF, there is question as to whether you hold any legal obligation, 1) if it's just blocked, this is not a fault. 2) It's a serviceable item that has functioned perfectly fine for 3000 miles since you sold it.

[Carlscs 1]

PLAN OF ACTION

 

1) Email cf247 stating you have spoken with your legal advisors and have been advised there is no right to reject under the CRA on this matter as 1) The customer has not provided evidence that said fault was present at point of sale 2) A DPF fault would not deem the car of unsatisfactory quality. However, you are still more than happy to inspect/repair vehicle as previously offered. But if cf247 wish to proceed with the proposed rejection, you require written clarification from their legal department as to what section of the CRA they are rejecting the vehicle under. 

2) Write to the customer via email or recorded delivery. Once gain offering to inspect the vehicle and act accordingly should you find a fault. I'd also explain that should he wish to proceed with rejecting the vehicle using his statutory rights, The CRA requires him to provide clear evidence that the fault was present at point of purchase. Until he provides this you are not in a position to review this case further. Also mention that you're entitled to charge his 'reasonable costs' for the time he has had the vehicle. You calculate this at 16p per mile, so he would need to return the vehicle to you along with payment of £xxx. Hence why you feel it is better for all parties involved if you could resolve this matter amicably with an inspection and a repair IF required. You are also aware that he is still driving the vehicle daily, should this cause consequential damage, you are NOT legally liable for this. 

3)Log the complaint with your local trading standards. they're usually very helpful and will offer their opinion.  

4) Register with lawgistics for legal support, i can;t recommend them highly enough!

I doubt he will play ball, but you are now well set for a court case that you can't really lose. Knowledge is power john, and as a rule these finance companies and customers know F all!!

 

Good luck. 

[Johno 1]

Slightly off topic , RE Back row bangers , can you still sell them with no warranty as  "spares or repairs" ? how do you need to word the invoice if so?