You also have protection when using a finance company as they are also tied to the credit protection act.
Not quite correct. Different legislation applies in the case of HP to that which applies to an outright purchase. The pitfall being that unless folk really understand just how HP operates then they can accidently drop themselves in it and remain liable for a defective caravan.
This is how it works.....and how you protect yourself........
If you use HP you have not actually bought the van. The dealer sells the van to the HP company and you are merely hiring it and paying the HP company for that hire. Once you have paid an agreed amount to the HP company ownership of the van will then transfer to you. So, no contract with the dealer and traditional Sale of Goods Act rights generally do not apply. It would be down to the HP company to get the dealer to put defects right and generally this happens without you having to be too concerned with the legals. Its when things don't operate as they should that problems can arise with the more limited rights you have under HP.
You do get the benefit of s10 of the Sale of Goods (Implied Terms) Act which states that in a Hire Purchase agreement there is an implied term that the goods supplied under the agreement are of satisfactory quality. If they are not then you can reject the van. If you reject it then you are entitled to your money back, although there can be a deduction to reflect the benefit you have had from the van up to the defect being discovered.
The rights to reject you get under the Sale of Goods Act (if you buy outright) are different in the case of Hire Purchase. Under HP you only have your contractual rights to reject as set out in your HP agreement rather than the statutory rights under SOGA. Always read the agreement before signing and check out the rejection rights.
Under HP the right to reject the van is lost when the contract is affirmed, and this requires a positive decision by you to carry on with the contract after having gained knowledge of the defect. This is where the unsuspecting can leave themsleves liable for a defective van. If you complain but carry on paying the HP that is affirming the HP contract and you could then lose the right to get your money back!!
What you need to do in such a case is to write to the HP company to advise it of the defect and mention that "it is clearly not of satisfactory quality". Remind the HP company of its obligations under the 1973 regs. You ask the HP company to talk to the dealer to get it to agree to undertake the repairs at the dealer's or HP company expense otherwise you will "not affirm the HP agreement, the caravan will be rejected and the credit agreement will then be deemed to be at an end necessitating a repayment of all monies paid under that agreement". So. anyone using HP cut and paste this note just in case you ever need it. It keeps your options open and protects your position.
Many people will need to use HP to buy a van and that is Ok, but, if you have a choice of doing it another way then do so. Either borrow from a Bank via a Bank Loan and you get all the SOGA rights or use your hard earned cash.
Phil
------------- If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
|