Garage threatening to take back car after they forgot to get finance forms signed!!

NICKYS32

My friends son has just purchased a car on finance and traded in his old car. The garage has now called saying that they forgot to get him to sign the car finance agreement and he must go immediately and sign it or the will take the car back.

He lives over 100 miles away from the garage and has asked them to send the agreement by post and he will sign it. They have said that the finance form has to be signed on the premises!! Is this true?

He is willing to sign it, but does not see why he has to drive 200 miles (round trip) at his own expense.

Is there anything he can do? As they say they are coming for the car tomorrow!!

JQ.

Tell them to bring the form with them when they come to collect the car - then sign the form when they arrive. Problem solved and a great service provided by the garage.

alleycat`

I would have thought it would need to be witnessed as the person could potentially claim it was a forged signature / not them?

A notary (which costs money) might be a viable option.

I can't think of another objection that makes sense.

NICKYS32

JQ. wrote: »

Tell them to bring the form with them when they come to collect the car - then sign the form when they arrive. Problem solved and a great service provided by the garage.

They have told him they will not let him sign it at home as it has to legally be signed on their premises!!!

alleycat`

They have actually made sure his credit application was successful?

I'm more concerned they might not have actually checked he is allowed to have the credit - which is why they want the car on site - in case it falls through?

NICKYS32

Yes his credit application was successful and the garage has even settled the finance on the car that he traded in.

JQ.

My mortgage company were more than happy to lend me a considerable amount of money without me ever meeting one of their representatives or vistsing their premises. All done over the internet, phone and via post. There are plenty of other types of finance that don't require visits in person.

Seems a very odd situation, there may well be something else going on. I see no logical reason why a finance agreement would need to signed on site - presumably the people providing the finance are'nt even at the premises, it's a garage not a bank.

bryanb

Hide the car and wave a pen at them when they arrive, asking where do I sign?

ScottishSapper

I think it has to do with the Consumer Credit Act, I believe the garage has more rights (and you hve less!) if it is signed on THEIR premises:

If you sign the agreement in your home or anywhere else that is away from the credit company's office, you get a five-day cooling-off period.

And

However, if you sign the credit agreement at the company's offices, you do not get this cooling-off period, so you should be certain you want the credit, and be sure of its terms, before you sign.

Taken from HERE

jaydeeuk1

So they've paid your old car finance off? Sapper has it right, if they sign in your house, you can cancel before 7 days, leaving them stuffed. And they know that!

magpiecottage

Scottish Sapper is quite right.about the issue of rights being less if you sign on their premises.

However, I suggest the following response:

Dear Garage

Reference:
Finance for Vehicle Registration Number:

Further to your telephone call on 21 April 2010, I wish to make a formal complaint that you have threatened to repossess the car I purchased from you unless I drive to your premises, at my expense, and complete documentation relating to the credit facility you arranged that you erroneously failed to provide at the time the purchase was completed.

Whilst I am willing to complete and return the documentation if you send it to me, I do not consider it fair or reasonable that you should expect me to take time, and incur the expense, of coming to your premises to correct your error.

I would remind you that, under the Consumer Credit Act 2006, you are now required to acknowledge my complaint promptly and provide me with a copy of your written Complaints Procedure that you are required to have.

Within eight weeks of receipt, you must issue a response to me outlining your conclusions and what, if anything you propose to do in order to put things right. You must also explain my right to refer the matter to the Financial Ombudsman Service and provide me with a copy of its booklet "Your complaint and the Ombudsman". You can purchase this from the Financial Ombudsman Service but must provide it to me free of charge.

I confirm that I remain willing to complete the documentation if you send it to me but am not prepared to travel to your premises in order to do so.

I look forward to receiving your response, and the Ombudsman's booklet, in due course.

Yours faithfully


Son of Nickys32's friend




The letter needn't be sent recorded delivery but obtain proof of posting (free from Post Office) and hang onto it. If necessary the Financial Ombudsman Service will accept this as evidence of delivery (assumed 2 working days later for first class post).