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hp agreement dispute

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Howard08 | 21:54 Tue 13th May 2008 | Law
6 Answers
Hi all,


My son has recently purchased a 4 year old car from a local dealer, in the five weeks he has had the car it has been back to the dealer for two gearboxes and a clutch, having picked up the car again today ,and driven it another 20 miles it has broken down again. My son contacted the dealer who turned around and said that he has done all he can so it was now my sons probleme. we have been in contact with the finance company but they appear to be leaving it to my son to take on the dealer.

comments and advice please
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the finance company only lend the money - its of no consequence to them what it is spent on
I am going through the same thing, i bought a car and within 2 days it was causing me hassle. The garage kept on trying to repair it and it took 13 attemps and they still didnt fix it. I told them i wanted to cancell the agreement as it was in my rights to but they got a bit oout of hand with me so i just gave the car back to the finance company and stopped paying for it.
Tell your son to take them to court for the money he has already paid, that was what i was advised to do and im still waiting for my court date! Car dealers always do this kind of thing but the courts will go in your sons favour as they are so used to seeing dealers ripping people off with dodgy cars!
Ring consumer direct,they may help you.
bednobs is incorrect.

Under a HP agreement, the credit company is jointly liable for the car under section 75 of the Consumer Credit Act.

If the garage do not want to know and are being unhelpful, go straight to the finance company and tell them that you have issues with the vehicle under section 75 and wish them to correct it and that you are suspending payments until they have sorted out the problem.



This is only on the basis that you have a Hire Purchase agreement (as stated in the title) and not a loan agreement (check your agreement, it will usually state this on the top)
I should also say that the car dealer must have a Consumer Credit Licence (CCL) by law to offer finance. Make your complaint known to trading standards and the Office of Fair Trading (OFT) - it will affect his application when he needs to renew his licence.

You may want to check that he has a CCL - a quick phone call to the OFT (you can get their contact details from their website) will confirm this.

Offering credit without a CCL is punishable by a fine and potentially a prison sentence.
I purchased an Audi A4 from an Audi dealer last year, the model as stated in the hp agreement is a 1.8T SE 160PS.
It has recently come to my attention that the vehicle supplied is actually a 1.8t SE 120PS. Doescthis make the agreement unenforceable and can I return the car and obtain a refund of my payments made to date.

Regards
Andy

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