car finance with carcraft

My Wife and I got a car from car craft which was on hire purchased. We then went back to car craft and upgraded our car on January 2007. When we got there they told us that we had trouble getting credit due to still having money to pay on the other car so they gave us credit with open & direct which are now called creation finance. They gave us the full amount to pay of the old car and for the new car. Trouble is as my wife and I went to car shop to get a new car they told us that we could hand are car back to car craft as we have paid more than enough to them. My wife rang up both car craft and creation only for them to tell us that they gave us a personal loan as finance and not hp so that we could not hand the car back as we would need to settle £6000. My wife told them that we were never told that it was a personal loan when we applied and that we thought we had hp. They then told us that they had proof that we signed it as a loan but I still feel the miss sold us information as they did not sit and tell us every detail like car shop did. can I reclaim or and i just screwed

cheers

nick

Comments

  • Anihilator
    Anihilator Posts: 2,169 Forumite
    You're screwed.

    Its your responsibility to ensure you read and understand what your signing. Carcraft didnt explicitly tell you the new loan was HP. Further to this I somehow doubt you had paid enough to VT anyway given the agreement was only taken out in Jan 07.


    Could I also add that given you can't afford the cars you have why do you keep upgrading!
  • its not that we cant afford the car they just struggled to find some one to give us credit but its always been paid no missed payments, But surely they should have explain this in more detail
  • Anihilator
    Anihilator Posts: 2,169 Forumite
    Explain what?

    You asked them to finance a new vehicle. They did that. You stupidly didnt enquire as to the type of finance.

    Its not their fault your not very bright
  • betti911
    betti911 Posts: 819 Forumite
    Debt-free and Proud!
    Anihilator wrote: »
    Its not their fault your not very bright

    There's no need to post things like that. Its very unhelpful.

    I'm sorry I can't offer any constructive advice here but I hope you manage to get this sorted.
    Jan 1st 07 Car loan £4830.46@12% Personal Loan £11,517@8% variable Overdraft £1500 July 2009Halifax-£0Debt free date 14th July 2009 :j
  • Malky
    Malky Posts: 694 Forumite
    Anihilator wrote: »

    Its not their fault your not very bright
    Stop referring to people as being not very bright. The OP, like many, has taken the company's word for it that everything was alright. It's only now that the OP has realised that they should have read the contract and the small print before signing. This is nothing to do with being bright or not.
  • ~Brock~
    ~Brock~ Posts: 1,714 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 2 November 2009 at 2:02PM
    It is a common complaint that when people sign up for a car loan they automatically think that they can simply hand the car back and walk away.

    This option is only applicable to certain types of agreement such as HP or Conditional Sale agreeemnts, where the vehicle is used as security and the lender retains title.

    Other types of agreements are simply personal loan agreements which do not have the right to terminate but with these agreements you do get title to the vehicle straight away and can, if you wish, sell the car before the loan is settled. Some people prefer this type of agreement.

    The problem you will have when making a complaint is that you were likely to have simply required a finance agreement to purchase a car, and this is what the dealer provided to you. Unless you specifically requested a certain type of agreement then you cannot hold the dealer liable for simply providing you with what you apparently required. It was up to you at the time to read cerafully what you were signing and ask appropriate questions then.

    Edit: having re-read your original post your compalint is probably better directed at The Car Shop for giving you assumptive advice about being able to hand your car back without checking the type of agreement you have.
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