finance agreement

meesaw
meesaw Posts: 16 Forumite
edited 26 October 2011 at 4:43PM in Loans
Hi all, i am a newbie on money expert and was wondering if any one can help me with an ongoing complaint i am having with VWfs.

Summary of Complaint,


In May 2006 I went to Audi to purchase a vehicle.

I agreed with the sales person to purchase an A3 sports back in metallic black.

I offered to pay in full my debit/ credit card or cash. The sales advisor advised me I could not pay such a large amount in a one off payment as that would have to be put down as money laundering there for I had to take out a finance agreement.

Being somewhat naïve as this was the first time I was purchasing a new vehicle I thought this was the proper procedure and I informed the sales advisor that I wanted to pay it off as soon as possible as I do not like having things on finance. The sales advisor went to run the credit check with the knowledge I was a fulltime student and worked part time for optimum contact solutions and that my annual income was under £9,000.00, the advisor returned to say I had passed the credit check and that the finance agreement would be over two year at monthly repayments of £1,005.00. I signed the agreement and was informed that once the vehicle arrived I would be informed and asked to pick it up.


The vehicle arrives on 16th June 2006. A different sales person called me to inform me the car was ready for me to pick up.

I arrived at the show room. I inspected the vehicle and noticed very large stripes of paint missing on the roof and side of the vehicle, I was informed this was a normal thing for cars to have; I thought this was somewhat dubious, but took the car as I was pressured into taking it.

On the drive home the tire deflated. So I called roadside recovery. The recovery man informed me that I shouldn’t have the marks on the car especially if it was a brand new car.
I took the car back to Audi with a letter of rejection, they refused the letter of rejection as they could amend the fault, they buffed the car which damaged the paint work even more to the point it had large swirl marks in the paint work and a hologram effect. I was not happy and gave a second letter of reject which Audi refuse again, stating all the cars in the showroom had the same marks (which was true) and that I was the only person to complain and that I had signed hand over documents after inspecting the vehicle to state I was happy with the vehicle and its condition and due to me signing the paper work I was stuck with the car.

I went home and called Audi UK and informed them of what was going on also that I had notice on my paperwork for the car it just said the paint work was Black. Which the sales person had informed me was metallic black, but just listed as black in the log book.

Audi informed me that it should say metallic black if it is metallic black.

At this point many letter and calls were exchanged between me and Audi UK, the Audi dealership where the car was purchased and the finance company I asked for them to either refund all my money and take the vehicle back or to exchange the vehicle and I would continue to make the payments.

Audi uk sent for an independent inspection of the vehicle when concluded the paint work was defective due to the buffing at the showroom. Once again I handed in a letter of rejection and was refuse.

After month or two of calling and complaining nothing was done. Audi refused to exchange the vehicle or give me a full refund.
I ask for a list of documentation they had on the vehicle and me via a DSAR request to the Audi dealership. The information was sent to me and was horrified to find the sales person had visibly forged my signature on the hand over documents and also changed the dates to show I had taken the vehicle two days after I actually did, moreover, two finance agreements where produced both with different signature and dated the 18th June 2006 when I thought I had signed the finance agreement the same day as the credit check which would have been at least a week earlier.
I informed Audi uk and Audi dealership involved about the forgery and they both stuck to the fact that it was fine as it was an internal document that had no legal standing, they failed to understand my issue was with the sales person forging my signature either way they wouldn’t take any form of action and unfortunately Audi uk had no clear way of helping me even if they wanted to as they had given the Audi dealership full empowerment to deal with all its own complaints. This meant I was dealing with director of the dealership who was adamant the car would not be replaced and nothing would be done in regards to any of the issues I had raised as he out right refused to help and said I am stuck with the car whether I like it or not . This was all said in person by the director of the dealership. In his letter reply he had a much softer tone for obvious reasons. I thought the only way to resolve this was to go to Audi in Germany and explain the ordeal I was being put through as I know they are very customer service orientated and expect all their customers to have a ease free purchasing experience where the customer comes first and is left feeling happy with both the service they have received and the vehicle they have purchased.

I applied for DSAR of documentation from Audi uk to see the internal conversations and was amazed to see the comments made by senior Audi management at the dealership trying to rubbish away the forged signature.

I drove to Audi Germany and handed over all the documents with a covering letter asking them to investigate the matter further in order to help me resolve the matter. Upon my return to the UK all of a sudden I was being offered a new car with extras to the value of £11,000.00 as a good will gesture as well as being due to the paintwork issues. I am unsure as to who paid for the £11,000.00.

At the time I didn’t mind as I thought this was the end of the matter and the new car would be fine and was given reassurances that no update or updated versions of the A3 were due out in the next few years.

I was told I could keep the old vehicle whilst I awaited the delivery of the new vehicle.

I specifically stated I did not want anything more to do with Preston Audi due to the forging of my signature and the fact the same sales person still worked at the showroom. I gave specific instructions to the Audi dealership and Audi uk to make sure the car is sent to Blackburn Audi.


The car arrived at the same Audi dealership although i had asked for it not to be sent there with the exact same buffer marks and hologram effect as that first car. I was made to sign the hand over documents before I viewed the vehicle.

I told director of the dealership that the vehicle had the same swirl and hologram effect in the paintwork. He took me into the show room and showed me a RS8 and said” look all the cars have these marks its normal and you have already signed the hand over documents so the cars yours” I felt stupid and took the car and went strait to Blackburn Audi where I was told by the staff that the car shouldn’t have such marks in the paint work.

I informed Audi uk who said they would speak to the Audi dealership involved but could not help me.

I took a letter of rejection to the dealership and they out right refused to help making me feel guilty by saying things such as “we don’t know what you’re after and theirs nothing wrong with the car”. I was always belittled in the meeting with the director of the dealership.

I noticed the sunroof seal had a hole in it which they said they would replace and I asked for electric folding side mirrors that they had forgot to add so they said they would amend this too as then I had no grounds to reject the vehicle on as all defects where rectifiable.

I had an independent paint work check carried out on the car and was informed the paint work was faulty and the equivalent to the paintwork you would find on a 2 to 3 year old vehicle?

Again I sent a copy of this to Adui UK and the Audi dealership along with a letter of rejection again Audi UK could not help me and the dealership refused to do anything as they deemed their to be no faults with the vehicle.

At this point I called the finance company and they hadn’t been made aware that the car had be changed (this is around three month after they had been exchanged) and their system showed I still had vehicle PF06UGF and further more the system also showed the same vehicle was owned by another owner (I am almost sure it is illegal and breaks the UK’s FSA guidelines) they could not explain as to why they had not been informed that the vehicle had been handed back as this is something all dealership must do within a time scale, I have my own theory as to why this did not occur, this may have been as the dealership wanted to show on their record books that a new vehicle had been sold with the old one being handed in as part exchange , which again is fiddling the paperwork, also to note I was later informed that I should have been made to sign a amended finance agreement BEFORE I was allowed to take the new vehicle, either way VW finance sent me a new amended finance agreement that stated only if I was happy with the terms and conditions I should sign and send it back to them. I refused to do so due to me not being happy with the terms and conditions and the state of the car that had started to prove to be faulty.
It has had numerous problems fixed to date including some major ones. Such as having the car seals changed 3 to 4 times, heat shield has been replaced, rear windscreen wiper was spraying water into the boot of the car as well as on the window. Which lead to flooding of the boot, rear seat air conditioning unit was crossed with a water pipe of sorts that leaked flooding the rear passenger foot well, leak on passenger side of the door through speaker. Speaker faulty and replaced at the back of the car, various electric faulty that led to electrics stating lights where faulty ect. Faults that still have not been fixed, the car steams up and some form of residue is left on the window Audi solution keep the air conditioning unit on high all the time which does not give the economical mileage stated at time of sale!!! Tire warning system failed as I was driving on the motorway, I had a flat and it did not indict so, I ended up hitting a bollard and was driving on my rim. I now feel the car had safety issue and if god for bid I was in a accident I have no real guarantee that the air bags and other thing would work…. I was involved in a accident on the 31st of January 2010. The car slipped across the snow the steering wheel moved but the car kept going in a straight line at 10mph and steel railings (air bags did not deploy). I don’t know if faults with the car contributed to the accident, but the car was due in for inspection as the passenger side of the rear and front of the car seemed to be sliding whilst driving.

In 2008 I stopped making payment just a few months before the finance was due to be paid off this was due to me not being able to get any resolution to the problems I was having and continually being refused a full refund or exchange of vehicle.

My solicitor at the time had been liaising with VW finances solicitor to little effect as they are very reluctant to provide any form of information of proof to show they have paper work (normally a legal binding document such as a signed finance agreement for the vehicle PK07UGF). The vehicle was impounded by the police and before I could re claim the vehicle VW’s solicitor had taken the vehicle as they had a HPI from June 2006 registered against the car.

Also worth noting, Audi have managed to change the ownership of the vehicle with DVLA and there are question as to how they have done this as normally I would be informed of these changes by DVLA and seeing I have all the original paperwork.
If a HPI check is run on the vehicle is shows finance from 2006 when the vehicle is from 2007.


Please note that I now have a problem with signing documents and I cannot use my old signature due to events that have accords and am now trying to get use to a new signature, which is difficult as id been using the other all my life.

Please note the car had over 40 repairs since I was the owner.


VW finance are still putting defaults on my credit file stating every monthly payment is over 6month late and have been doing this for the last 3 years, this has affected my perfect credit history to the point that I cannot obtain a mortgage or any type of loan for the foreseeable future and have lost out on contract work due to the defaults logged on my credit file.

can anyone help me!?!
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Comments

  • What an ordeal. If you are paying a solicitor what do they suggest?
    Thinking critically since 1996....
  • ILW
    ILW Posts: 18,333 Forumite
    What are you hoping to achieve?
  • "The car arrived at Preston Audi with the exact same buffer marks and hologram effect as that first car. I was made to sign the hand over documents before I viewed the vehicle."

    How did they MAKE you sign the hand over documents before you viewed the vehicle? Red hot poker? Twist your arm up your back? Threaten to beat you up?

    I cannot believe that any sensible person could come out with a statement like that.
    "There are not enough superlatives in the English language to describe a 'Princess Coronation' locomotive in full cry. We shall never see their like again". O S Nock
  • meesaw
    meesaw Posts: 16 Forumite
    the solicitor is no longer involved as he didnt think he could help due to the stubbornness of the company and them placing all the blame on me,so he suggested i contacted the Fos but they cannot help as the agreement was make in 2006.

    what i would like is a refund of monies paid and my credit file amending to put me back to its original statues prior to the agreement being enforced and a apology admitting errors wer made.

    i think my only resort now is the FLA which i guess will be another long process :(
  • oldhand
    oldhand Posts: 3,749 Forumite
    Part of the Furniture
    TROLL (with a complex):think::think::think::think::think:
  • ILW
    ILW Posts: 18,333 Forumite
    meesaw wrote: »
    the solicitor is no longer involved as he didnt think he could help due to the stubbornness of the company and them placing all the blame on me,so he suggested i contacted the Fos but they cannot help as the agreement was make in 2006.

    what i would like is a refund of monies paid and my credit file amending to put me back to its original statues prior to the agreement being enforced and a apology admitting errors wer made.

    i think my only resort now is the FLA which i guess will be another long process :(

    Do you mean the late payment charges, or the whole amount of the loan?
  • RichGold
    RichGold Posts: 1,244 Forumite
    1,000 Posts Combo Breaker
    meesaw wrote: »
    I agreed with the sales person to purchase an A3 sports back in metallic black.
    Its SPORTBACK. There is no "S" on the end of SPORT"S"
    meesaw wrote:
    can anyone help me!?!
    Consider yourself helped. Your Welcome.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • bobajob_1966
    bobajob_1966 Posts: 1,058 Forumite
    oldhand wrote: »
    TROLL (with a complex):think::think::think::think::think:

    I am inclined to agree - we've got three Audi cars in the family, and none have had this 'stripes' issue, nor did I notice any in the showroom with the problem.

    Someone trying to discredit Preston Audi?
  • meesaw
    meesaw Posts: 16 Forumite
    @poppasmurf_bewdley. im not that clued up on cars or buying them so when i handed the old vehicle back they also gave me the hand over documents to sign which i did not expecting to have more issues... im just being honest about what i said and did.
  • meesaw
    meesaw Posts: 16 Forumite
    @ ILW, just the amount i had paid them and not received back which is about 11k...i dont think that is an unreasonably request oh and they did agree to this 4 month back but then when i accepted they withdraw the offer !?!
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