tam_vx:

My understanding is that the finance company as 'joint purchaser' will want to take action to recover all costs that have been incurred. So if the dealer does not pay up, I suspect that they will threaten court action and then if still no joy, they will go to court.

In the meantime you would need make a claim against the finance company to refund you the money, as any legal action between them and the dealer is going to take some time. The finance company should have a form for you to complete to make the claim under section 75 of the CCA 1974.

Section 75 of the Consumer Credit Act 1974 states that the lender of money for a purchase is jointly responsible with the seller for the purchaser getting the goods or service purchased, or receiving a full refund if they do not receive the goods or service. What this means in practice is that as you borrowed money under a loan agreement regulated by the CCA74 you can claim ALL the money you paid (irrespective of how you paid it) provided that the maximum contract value does not exceed £30,000, back from the finance company or lender if you do not get what you bought.

A claim can be made under either (or both):-

• misrepresentation - that you were told lies to entice you to sign and you would not have signed if you had known the truth. The lies need to be of "substance". [I assume this would be your reason for a claim.]
• breach of contract - in that the goods or services that you bought have not (or cannot) be delivered. The car was faulty when sold, as evidenced by those that have inspected th car.

Hope this helps

Huckster

I bought a 54 plate 1.9 CDTi Vectra auto with 48k from a private dealer in June and since then it's been nothing but trouble.

Firstly, the EGR valve needed replaced which i claimed against the warranty for. Then the 2 front coil springs snapped and when i tried to claim the warranty company said as i already claimed i couldn't claim again - so the car had to go back to the dealer who sold it, which is 65 miles from my home so i paid for them my self.

Then the car broke down on the motorway which was caused by the alternator failing. The dealer said they would fix it free of charge if i got it to them - which meant i had to pay £130 to get it towed up to them. I asked for them to give it a full mechanical checkover before i collected it and they said they would - but as soon as i turned the car on the engine fault light came on, which you can't miss everytime you start the car. Anyway the dealer told me they can't check it and i have to take it to Vauxhall at my expense. I did that and it was discovered that it needs a whole new inlet manifold and they quoted me £700. I phoned the selling dealer who told me it isn't covered under warranty so i would have to pay for parts and labour. Vauxhall told me that all the faults would have been there when i was sold the car.

The finance company are dealing with it now and the dealer has 7 days to reply to them, but i'm just wondering what they can actually do. To be honest i want rid of the car but i don't want to be left with no money to put towards a new one.

Can anyone tell me what the most likely scenario is?