The Best Car Finance Blog In The World

You are about to read one of the best pieces of advice you will ever receive. If you are a regular reader of my rantings you will know that there is one expression that seriously pisses me off, can you recall? You can’t? Let me remind you, it is – ‘a goodwill gesture.’

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In the car industry I would suggest that 95 times out of a 100 the ‘goodwill gesture’ is a legal bloody entitlement but in order to cover up a major con or failure the dealer/funder/manufacturer will make good any damage – as a gesture of goodwill! Typically the car part that fails two days after the warranty has run out that is repaired free – as a ‘gesture of good faith.’

Sod off, there is such a thing as the Sale Of Goods Act which takes precedent over a warranty and if a defective part, expected to last for the life of the car, fails, it is a legal obligation, on the part of the dealer who sold you the car, to replace it or repair it. But here is another interesting example. A lady bought a brand new Nissan Qashqai that developed a gearbox fault shortly after she took delivery.

It was agreed that the gearbox was faulty and needed to be replaced but two months down the line the lady, Jill Alexander, was still without her nice new Nissan. Whilst the car was awaiting the replacement gearbox the dealer loaned her a Nissan Micra as a courtesy car whilst Jill was still paying the finance and insurance on her Qashqai.

After a while, and complaints from Jill, the dealer provided a replacement Qashqai so that she could get her mother’s wheelchair in the back. It wasn’t the same spec as her car and there was still no sign of the replacement gearbox. Nissan explained that due to huge demand for their new Qashqai they had no stock of spare gearboxes but they would pay the two months of Jill’s finance as – you guessed it ‘a goodwill gesture’.

They are also looking to replace the Qashqai with an X Trail to provide a better spec car and more space. Now here’s the thing. First of all every car manufacturer has a legal obligation to stock sufficient parts for repairs of new cars sold. Clearly they have failed to do this being more interested in building more new cars than supplying spare parts for customers who have already bought.

Whether the car is on HP, PCP or leased it is the property of the finance company so you first need to involve the funder who can bring more pressure on the dealer or manufacturer than you. But here is the best piece of advice. Make sure that when you take out your car insurance that you take out legal cover that can be as little as £20 per annum.

When you find yourself in this situation get in touch and get a barrister on the case. It’s amazing how quickly dealers and manufacturers act when a lawyer is on the case. In this case Jill has a case to claim compensation for finance payments and any other out of pocket expenses. So Nissan should not only be paying the two months they have agreed to they should be paying for all the finance payments whilst the car is off the road. And not as a goodwill gesture!

Oh and one final thing on legal cover, make sure you also take it out with your contents insurance. If you make a genuine claim and the insurer doesn’t pay out you can call on your insurance for legal advice and get them to act against the insurance company – I kid you not, well worth the few extra pounds. By Graham Hill

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