What can I do about a car dealer who's got my car.
- Thread starter Paul S320CDi
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davidjpowell
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Completely different sceanrio. Assuming that it is the standard Hire Purchase agreement the finance company has agreed to hire it to the customer to the end of the agreement - when they buy it for £1 or £50 etc...
Car must be roadworthy when delivered - and accordingly you would expect the purchaser to have access to the car.
If the MD of the finance house is made aware of the practice of the garage I think they may be wary of losing their finance facilities. I would involve senior management at that level, rather than Customer Services whose job it is to get rid of you (or am I just cynical about these people?)
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I would take a look at your motor insurance policy.
If you have the optional "legal cover" then you should be able to get a solicitor under that part of your policy.
If you have the optional "legal cover" then you should be able to get a solicitor under that part of your policy.
Satch
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Everything in writing and keep paying.
You must be sure to deal with your HP company and at a senior level- send them copies of all letters that you sent to the dealer. A company that gives you credit shares liability and is equally responsible with the vendor (hence being able to sue a credit card company as well as the vendor for duff goods) but if the arrangement is Hire Purchase then they are the people you must deal with directly.
Remember you are only hiring the car for a fee. It is not yours until you have made your final payment. So, that means you reject the car to the finance company and the dealer and ask for the money back.
DO NOT STOP PAYING until the HP company agrees to void the contract and reimburse your money and costs: you will be in breach of contract otherwise and that tends puts you on the back foot.
Talk to your local Trading Standards office because no matter what they might try to fob you off with they are responsible for enforcement under the Consumer Credit Act, which is why you must go by the book.
If only part of the car purchase was on HP you may need to go through the small claims procedure if the dealer will not cough. It is not difficult and can be done online.
http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm
You must be sure to deal with your HP company and at a senior level- send them copies of all letters that you sent to the dealer. A company that gives you credit shares liability and is equally responsible with the vendor (hence being able to sue a credit card company as well as the vendor for duff goods) but if the arrangement is Hire Purchase then they are the people you must deal with directly.
Remember you are only hiring the car for a fee. It is not yours until you have made your final payment. So, that means you reject the car to the finance company and the dealer and ask for the money back.
DO NOT STOP PAYING until the HP company agrees to void the contract and reimburse your money and costs: you will be in breach of contract otherwise and that tends puts you on the back foot.
Talk to your local Trading Standards office because no matter what they might try to fob you off with they are responsible for enforcement under the Consumer Credit Act, which is why you must go by the book.
If only part of the car purchase was on HP you may need to go through the small claims procedure if the dealer will not cough. It is not difficult and can be done online.
http://www.adviceguide.org.uk/index/your_world/consumer_affairs/buying_second_hand_vehicles.htm
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gIzzE
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Have you spoke to the finance house???
You need to speak to them first. They may step in, however you have probably left that too late as the garage will have had funds by now. You might need to write off the 2 x £231 and try and claim that back through the garage.
Where is the range rover?? You didn't give that in as a trade in before getting the car did you??!!!
And get rid of that BLOG mate, you are not helping yourself at all with that.
You need to speak to them first. They may step in, however you have probably left that too late as the garage will have had funds by now. You might need to write off the 2 x £231 and try and claim that back through the garage.
Where is the range rover?? You didn't give that in as a trade in before getting the car did you??!!!
And get rid of that BLOG mate, you are not helping yourself at all with that.
Dryce
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No.
If you take out finance for a purchase covered by the 1974 Consumer Credit Act whether it be a bank or other finance company then they are also liable.
It's a great piece of consumer legislation.
This usually covers agreements where the finance is signed in a dealership.
If you read the small print on the back of a finance agreement or on a credit card agreement then look for the reference to the Act.
bluevenetian
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You did right to reinstate the DD, not least because the finance company would have been spending their efforts trying to get their money off you if the DD remained cancelled, rather than pressuring the garage to get you the car.
Personally I would go to a solicitor, get them to write a stroppy letter and then seek the costs of that letter via the small claims court or a CCJ
Personally I would go to a solicitor, get them to write a stroppy letter and then seek the costs of that letter via the small claims court or a CCJ
Paul,
To me this is really really simple. The dealer has completely falied to deliver on their side of the contract. Write a letter to the dealer telling them that they have had more than enough time to rectify the problems with the car so the contract is cancelled. Copy the finance company (provide them with the summary chronology although leave out the damging (childish frankly on a £12k car) about £5 of fuel) and cancel the payments; ask for a refund of your payments to date (they can recover their payments from the dealer) plus a sum from the dealer for your inconvenience. Return their loan car and buy something from somewhere else.
How can you even consider taking delivery of this car when you are in public conflict with them before you start.
My advice for the future would be to spend less time designing a web site and more time in written formal correspondence with the "defaulter" - you have constructed more than enough evidence you have just used it in an ineffective manner.
If you do not feel comfortable writing formal letters and cancelling the contract then do your self a big favour and invest a few hundred pounds with a local solicitor and reclaim the cost from the dealer.
One last thing dont buy a car like an s class from a small dealer; go to main dealer or specialist.
To me this is really really simple. The dealer has completely falied to deliver on their side of the contract. Write a letter to the dealer telling them that they have had more than enough time to rectify the problems with the car so the contract is cancelled. Copy the finance company (provide them with the summary chronology although leave out the damging (childish frankly on a £12k car) about £5 of fuel) and cancel the payments; ask for a refund of your payments to date (they can recover their payments from the dealer) plus a sum from the dealer for your inconvenience. Return their loan car and buy something from somewhere else.
How can you even consider taking delivery of this car when you are in public conflict with them before you start.
My advice for the future would be to spend less time designing a web site and more time in written formal correspondence with the "defaulter" - you have constructed more than enough evidence you have just used it in an ineffective manner.
If you do not feel comfortable writing formal letters and cancelling the contract then do your self a big favour and invest a few hundred pounds with a local solicitor and reclaim the cost from the dealer.
One last thing dont buy a car like an s class from a small dealer; go to main dealer or specialist.
Paul I know these guys and live about very close to them!
Do you want me to have a word with them... we could go together. It may make a difference as im in the business.
EDIT: Parking sensors fault is just a faulty sensor, MB keep these in stock.. They should have brought the car to me for repair.. they do know of me!
Key story is rubbish.
EDIT2: Im going home to paint my garage now, but if you want i could pop in and have a friendly word? Im on my mobile, number on my website...
Do you want me to have a word with them... we could go together. It may make a difference as im in the business.
EDIT: Parking sensors fault is just a faulty sensor, MB keep these in stock.. They should have brought the car to me for repair.. they do know of me!
Key story is rubbish.
EDIT2: Im going home to paint my garage now, but if you want i could pop in and have a friendly word? Im on my mobile, number on my website...
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Chattonmill
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That is a fantastic Offer Jay, just proves the quality of the membership here:bannana:
A-AvantGarde
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Absolutely, hope this gets resolved quickly....
OP
OP
Paul S320CDi
Active Member
Yes that is long gone. When I took the Merc for the "5 days" while I was supposedly waiting for parts they took the Range Rover in as the part ex.
Thank you to Jay for already visiting the dealer.
Hi Paul,
yes I went to see them.
The guy was sincere enough but determined not to reverse the deal or to cancel the finance.
I offered to sort out any outstanding issues but he was adament the car is now ready... He was being a little cagey on this... he was saying he is in dispute with both warranty company and independent in birmingham...
I would put a version of your blog to him in writing. I would give him 7 days to deliver the car or to refund in full... copy in Carlisle.
If after the 7 days he has not delivered, it would have to go through small claims.. but more powerful than that... write to Nuneaton Evening Tribune..
They did a full page article on Choice recently banging on about how they offer quality cars with a friendly service etc etc...
If you want, I have the number for the local carlyle rep... They are also powerful as they control future deals and pay outs so dealers always keep them sweet.
To be honest, I got the impression that he could sort this out but isnt really that bothered.
That changed a little when i told him how many members could potentially be reading you blog.
tread surely but carefully.
yes I went to see them.
The guy was sincere enough but determined not to reverse the deal or to cancel the finance.
I offered to sort out any outstanding issues but he was adament the car is now ready... He was being a little cagey on this... he was saying he is in dispute with both warranty company and independent in birmingham...
I would put a version of your blog to him in writing. I would give him 7 days to deliver the car or to refund in full... copy in Carlisle.
If after the 7 days he has not delivered, it would have to go through small claims.. but more powerful than that... write to Nuneaton Evening Tribune..
They did a full page article on Choice recently banging on about how they offer quality cars with a friendly service etc etc...
If you want, I have the number for the local carlyle rep... They are also powerful as they control future deals and pay outs so dealers always keep them sweet.
To be honest, I got the impression that he could sort this out but isnt really that bothered.
That changed a little when i told him how many members could potentially be reading you blog.
tread surely but carefully.
A-AvantGarde
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Sounds like they've had to spend too much on it (i.e. eating into their profit margin) resolving the faults that were mentioned parktronic & whathever the other issue was. Hence the reason for them trying to do this via warranty, that would explain the delay in getting the work done and this dispute with the Indy in Birmingham.
Well done for going down there Jay and trying to assist plus the other suggestions made. It's a shame that some people don't know how to deal with issues as professionally / efficiently.
OP
OP
Paul S320CDi
Active Member
Well thank you again Jay. When I need any work done you will be the first place I think of.
I received a phone call this evening. The dealer says the repairs have cost £1800 but he has sorted out payment now and the car will be returned to him tomorrow afternoon.
He seemed very keen for me to remove my blog.
Tomorrow is another day and I will only believe it when I see it.
I received a phone call this evening. The dealer says the repairs have cost £1800 but he has sorted out payment now and the car will be returned to him tomorrow afternoon.
He seemed very keen for me to remove my blog.
Tomorrow is another day and I will only believe it when I see it.
recycled
MB Enthusiast
as far as i know, a car on finance, the finance company and the garage are both liable.
And if you left a deposit with a credit card instead of a debit card, they too would be liable.
Reject the car fast in writing and start recovery proceedings, for your money.
That would mean a letter that you are cancelling the direct debit in 4weeks, to both the finance company and the dealer and the written threat of the small claims court.
now if you want the car, then all well and good, but this is exactly how i dealt with peugeot and peugeot finance
And if you left a deposit with a credit card instead of a debit card, they too would be liable.
Reject the car fast in writing and start recovery proceedings, for your money.
That would mean a letter that you are cancelling the direct debit in 4weeks, to both the finance company and the dealer and the written threat of the small claims court.
now if you want the car, then all well and good, but this is exactly how i dealt with peugeot and peugeot finance
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A-AvantGarde
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At least you've now had a phone call from them, as a result of Jay's visit I assume. Just what I thought, looks like your car repair were costing him a lot more than he bargained for - hence his inclination to try to do this through the warranty company. £1800+ would certainly leave a massive hole in most profit margins.
Hope you get the car back as they have promised (assuming that's what you still want).
recycled
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Thanks for helping out jay.
good to lend a hand
good to lend a hand
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