Consumer Credit Act 1974

[Taff]

Hi Folks.

How many of you have read and understand the implications of the Consumer Credit Act 1974.

The reason I ask this is I have fallen foul of it.

I purchased my New XC40 Inscription eleven months ago on a PCP agreement with Santander Finance, travelling home I found the drivers seat to be very uncomfortable, and at first just put it down to a different seat to my previous car, anyway the comfort level did not improve and I took the car to my local dealership, NOT to the supplying dealership, they said they could not find any fault, but did not strip the seat or anything just a visual look. I continued to have problem with the seat so much so that I had to consult my GP about hip pain.
I took the issue up with Volvo UK and after a lengthy period of Eight months they finally agreed that they had a comfort problem with a limited number of Inscription seats, they do not have a solution for this at this time and no time frame for doing one.
I was offered a different model or wait for a repair to be actioned. I asked for the car to be handed back, which they agreed to, but with the car being on a PCP they advised me to contact the finance company.
I did this two months ago, and it has not been a straight forward procedure, today I finally got their decision back and they have refused to take the car back as I had not given the supplying dealer a first option of trying a repair, and apparently we should know this off the top of our head. Even though Volvo do not have a repair option to cure the issue they have still refused to take the car back. I have not yet received their written statement, they did promise to email it to me but never arrived.

I was always under the impression that you could purchase a New car from any Volvo dealership and take it to whichever dealership you liked for repair, so long as its a Volvo dealership.

Has anyone else come up against this before, and anyone buying through the likes of Carwow etc need to bear this in mind.

Naturally this only applies if you have a problem in the early days of the car and you suspect the car cannot be repaired.

Hope the above makes sense.

[Chris B]

I don't have any personal experience but issues such as this are now covered by the Consumer Rights Act 2015. I think it would be very unusual for an issue such as an uncomfortable seat to justify rejection of a car, but in your case it seems Volvo UK have agreed there is an issue and offered a remedy. As this is the case I would suggest you ask Volvo UK to liaise with Santander. If they will not then you might consider contacting the FCA or Trading Standards for assistance.
Hope this helps and good luck.

[Boxybutgood]

A lot of household insurance policies provide a free legal helpline to give advice in respect of consumer law. Some policies also have legal expenses insurance. Citizens Advice Bureau (available online) may also be able to give general consumer contract advice.

[Taff]

I don't have any personal experience but issues such as this are now covered by the Consumer Rights Act 2015. I think it would be very unusual for an issue such as an uncomfortable seat to justify rejection of a car, but in your case it seems Volvo UK have agreed there is an issue and offered a remedy. As this is the case I would suggest you ask Volvo UK to liaise with Santander. If they will not then you might consider contacting the FCA or Trading Standards for assistance.
Hope this helps and good luck.

Thanks Chris B I am in conversation with Volvo Uk and they are being very helpful, still waiting on official letter from Santander, ref the seat you should try mine

[Taff]

A lot of household insurance policies provide a free legal helpline to give advice in respect of consumer law. Some policies also have legal expenses insurance. Citizens Advice Bureau (available online) may also be able to give general consumer contract advice.

Thanks Boxybutgood I will bear that in mind if things don't work out.