We have seen it a lot recently. Where customers who have cars on finance (hire purchase) or which have been partly paid for on a credit card, go to their finance provider when something has allegedly gone wrong. And where that finance provider has simply accepted that there was a defect and paid out directly to the customer, often without the knowledge, yet alone the consent of the car dealer.
Of course, it’s when the finance company or card provider starts asking our clients to refund what they’ve paid to the customer is when we become involved. Where we feel that there is nothing wrong with the car or too long has passed for the consumer to lawfully reject the car, then we simply respond and state that our client simply isn’t going to roll over without evidence that there has been an actual breach of contract. They don’t like that!
Finance companies like to remind our clients of the so called “6 month reverse burden of proof” rule. I like it even more when I remind them that the rule simply cannot apply where the finance company have purchased the car from a car trader, even if it is then supplied to a consumer.
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