Car Loan agreement, consumer advice say it may not be enforcable?

keepcalmcarryon_2 · 9 May 2011 at 7:25PM

Haha! Im trying to find the light side of this issue, I really am, but its hard. I think the one I "bought" was sold, and then they brought down another car (which wasn't as good) so they could complete the sale. If you read the reviews of this company, its been proven they have done this before, but most people seem to have noticed and refused the car when its turned up.

We did query all of the issues the next day, and the day after that, and on-going for 5 weeks, in and out having disputes. Every time I accelerate the car sputters now too. I just don;t feel safe in it. I took it to the bodyshop the garage use (I didnt know this at the time) and they pointed out about 20 places of resprays/damage.

I did a HPI yesterday but nothing is showing, which is good, but I just want them to take it back now

mo786uk · 10 May 2011 at 12:25AM

I believe the correct terminology you are looking for is 'improperly executed' however this normally applies when they have cocked up the figures - but as you appear to be on course to repay the agreed amount I am unsure how it affects it.

~Brock~ · 10 May 2011 at 8:32AM

Unless they are prepared to stand next to you in court and put their money where their mouth is, don't fall for the myth that Consumer Direct are experts in everything.

keepcalmcarryon_2 · 10 May 2011 at 4:35PM

I have just looked at the loan documents again, and the figures, and the figures at the top I have put on this thread. It seems they have overcharged me, not by much though. The first loan agreemtn was £9970 the finance figure says £10,025. Its only £55 quid overcharged.

I have called a local solicitor to have a look at the documents, and give some (expensive) advice.

I have a meeting (on the garages request) with the business manager tomorrow. I am scared, i know they are bullies, and have already used abusive language to try and scare us off. Unfortunately, I know what they are doing, and how they are treating people is wrong, and that I am a stubborn old boot, and will not "dissappear" like they would hope for.

I really don't know what to do, or which way to turn.

paddyrg · 10 May 2011 at 5:33PM

What outcome do you want? The £55 back? If so, just ask for it when you meet the garage. If they try to bully you, say "I will come back with my lawyer", if they try to confuse you, say "I will come back with my lawyer", or if it gets in any way uncomfortable for you, suggest all your dealings be by post from hereon in, and again seek the counsel of your lawyer (cheaper than getting them down the garage, i expect!). Those are all quite expensive ways of getting back your £55, though.

Freddie_Snowbits · 10 May 2011 at 5:43PM

A gesture of a tank of petrol would settle it

keepcalmcarryon_2 · 10 May 2011 at 6:07PM

Thanks for the good advice people, I will not make any hasty decisions.

Also I am concerned if, we do get to exchange the car, with it being on finance, I am assuming we will need to re-apply under a new car.

How will this impact on us after already taking out 2 agreements so recently?

Google Swindon Motor Park, some of the reviews are shocking, and worrying, I am concerned about taking another car :undecided

chanz4 · 10 May 2011 at 6:11PM

could it be for 6 months tax?

keepcalmcarryon_2 · 10 May 2011 at 6:25PM

What do you mean chanz4?

masterlumps · 10 May 2011 at 7:13PM

i dont really understand why after a matter of weeks you have decided you want to hand back? you said its just because consumer direct say the loan may be unenforcable, but they didnt just knock on your door and say that, you must have gone to them in the firtsd place