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Audi Solutions finance
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markmcalear
Posts: 54 Forumite
in Loans
I am buying a new Audi Q7. I was going to pay cash plus my px but then the dealer offered me an additional £3k discount (deposit contribution) if I used their Audi PCP finance.
I asked what happened if I then went on to use my 14 day right to withdraw or if I settled early. They said as long as I waited 6 months then I could settle early without penalty. Being ex motor trade i asked for a SECCI so that I could read the T&Cs.
It looks to me like I can withdraw from the finance and still keep the benefit of the £3k contribution, a quick google search confirms this with many users of audi owners forums confirming taking advantage of this offer.
However I did come across this, in response to someone who had been told the same as I had...
"In my opinion (and if you have proof) you have been mis-sold (and misinformed) by the staff at the dealership. If they have not been entirely truthful and transparent with you (and you can prove it) then the agreement will be unenforceable. In these circumstances you would be entitled to a complete refund of all money paid under the agreement (including deposit and/or part exchange value) and to have it cancelled. The only real issue would be the proof - your word against theirs I'm afraid, unless you have an independant witness or a recording. You also (almost certainly) signed a "Regulatory Requirements Document" confirming that they have completed all steps required by the Consumer Credit Directive. This would include a thorough explanation of the most pertinent aspects of the agreement. "
I know I am clutching at straws here but if I had proof and as such the agreement was unenforceable and I was entitled to a full refund, can I also keep the car? A long shot I know but worth asking...
I asked what happened if I then went on to use my 14 day right to withdraw or if I settled early. They said as long as I waited 6 months then I could settle early without penalty. Being ex motor trade i asked for a SECCI so that I could read the T&Cs.
It looks to me like I can withdraw from the finance and still keep the benefit of the £3k contribution, a quick google search confirms this with many users of audi owners forums confirming taking advantage of this offer.
However I did come across this, in response to someone who had been told the same as I had...
"In my opinion (and if you have proof) you have been mis-sold (and misinformed) by the staff at the dealership. If they have not been entirely truthful and transparent with you (and you can prove it) then the agreement will be unenforceable. In these circumstances you would be entitled to a complete refund of all money paid under the agreement (including deposit and/or part exchange value) and to have it cancelled. The only real issue would be the proof - your word against theirs I'm afraid, unless you have an independant witness or a recording. You also (almost certainly) signed a "Regulatory Requirements Document" confirming that they have completed all steps required by the Consumer Credit Directive. This would include a thorough explanation of the most pertinent aspects of the agreement. "
I know I am clutching at straws here but if I had proof and as such the agreement was unenforceable and I was entitled to a full refund, can I also keep the car? A long shot I know but worth asking...
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Comments
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So you intend to go into this with your eyes wide open and ensure that along the way you somehow manage to prove that they acted wrongly in some way in order to try and get a free car?
Are you serious?
The internet is still full of plenty of crackpots who are clinging on to the unenforcability dream. Don't be drawn in to the temptation.
The best you can hope for in the event of any wrongdoing (if proven of course) is to be placed back in the position you were at the outset which, by the way, does not include having the keys to an Audi Q7 in your hand.
Your question is quite unbelievable. That you are publicy dreaming up ways to scam a motor dealer out of a brand new car is unbelievable, and by admitting that you are ex-motor trade yourself is doing nothing except helping to reinforce the general public's stereotypical view of your (ex)profession.0 -
Brock is correct. In the event of the agreement being unenforceable you'd be put back in the position prior to signing the contract. That would mean returning the car. You'd need to go to court to prove the contract was not correct and a reasonable deduction for the benefit you received (ie the use of the car) could be made before your repayments were refunded.
In brief:
1) not a cat in hell's chance
2) not an admirable thought in the first placeI'm a qualified accountant but please make sure you get expert advice as any opinion is made in a private capacity.
"A goal without a plan is just a wish" Antoine de Saint-Exupery
Mortgage overpay 2012: £10,815; 2013: £27,562
Mortgage start £264k, now £232k0 -
So you intend to go into this with your eyes wide open and ensure that along the way you somehow manage to prove that they acted wrongly in some way in order to try and get a free car?
Are you serious?
The internet is still full of plenty of crackpots who are clinging on to the unenforcability dream. Don't be drawn in to the temptation.
The best you can hope for in the event of any wrongdoing (if proven of course) is to be placed back in the position you were at the outset which, by the way, does not include having the keys to an Audi Q7 in your hand.
Your question is quite unbelievable. That you are publicy dreaming up ways to scam a motor dealer out of a brand new car is unbelievable, and by admitting that you are ex-motor trade yourself is doing nothing except helping to reinforce the general public's stereotypical view of your (ex)profession.
I told them I didnt want or need finance yet they kept throwing the £3k at me. I figured I would take the £3k and settle early, so I decided to look into it first. As I said, a google search confirmed that I could take advantage of the offer they were pushing so hard and still withdraw effectively making me a cash customer only with an additional £3k saving. The quote I posted made me wonder exactly what happened if I were to have been blatantly missold the finance product. Simply having the deal unwound is hardly punishment to the finance company and/or their agents as it is a case of "lie as much as we want and if we are caught we just cancel an agreement and dont make money from it", hardly a punishment to me, if they also lost their goods then surely they would be stricter in making sure customers are sold to correctly.
Obviously I want the car and I am going to buy the car. They pitched it to me as "this deal is even better than 0%" (their words) which was the point at which I decided that if they were going to lie so hard then I would see exactly how much I can get out of them.0 -
markmcalear wrote: »I told them I didnt want or need finance yet they kept throwing the £3k at me. I figured I would take the £3k and settle early, so I decided to look into it first. As I said, a google search confirmed that I could take advantage of the offer they were pushing so hard and still withdraw effectively making me a cash customer only with an additional £3k saving. The quote I posted made me wonder exactly what happened if I were to have been blatantly missold the finance product. Simply having the deal unwound is hardly punishment to the finance company and/or their agents as it is a case of "lie as much as we want and if we are caught we just cancel an agreement and dont make money from it", hardly a punishment to me, if they also lost their goods then surely they would be stricter in making sure customers are sold to correctly.
Obviously I want the car and I am going to buy the car. They pitched it to me as "this deal is even better than 0%" (their words) which was the point at which I decided that if they were going to lie so hard then I would see exactly how much I can get out of them.
What is it nowadays with people wanting to dish out 'punishment' to people in business?
What's wrong with offering you a £3k discount if you take their finance deal? I have no experience of their finance packages but would expect anything with 'Audi Finance' on the top to be pretty watertight anyway.
Of course the dealer is going to be pushing the finance packages - he's probably got a huge finance target to meet this month and it's not exactly the busiest time of the year for car buyers is it?
It seems to me that the dealer is potentially doing you a favour...you get a £3k discount and you then withdraw from the credit agremeent within the statutory timescales, pay the cash over to the finance company (not the dealer - they have already been paid by the finance co) and walk away smiling.
Where's the issue that means someone must be punished?0 -
They told me I had to keep the finance agreement until I had made 6 installments, this is not true. They will have a clawback agreement with Audi Finance which will be based on this.
Plus you shouldnt differentiate the price whether the customer is cash or finance (at least thats what I was always told). I did ask for the £3k if I just paid cash and they said I could only get that if I took Audis own finance plan0 -
markmcalear wrote: »They told me I had to keep the finance agreement until I had made 6 installments, this is not true. They will have a clawback agreement with Audi Finance which will be based on this.
Plus you shouldnt differentiate the price whether the customer is cash or finance (at least thats what I was always told). I did ask for the £3k if I just paid cash and they said I could only get that if I took Audis own finance plan
I agree they are on a sticky wicket with this one and they cannot deny you your statutory right to withdraw from the finance agreement within 14 days.
If I were the dealer I would have sussed you out by now and accepted the cash sale of the car at the pre-discount price.
If I were you I would go for the discount, withdraw from the agreement and see what happens when the sh*t hits the fan.
I still don't see where a free car comes into it though. That is known in court as 'unjust enrichment'.0 -
Wow...just wow.
I cannot believe some people - you deliberately intend to scam yourself a car - I thought I had heard some crazy, greedy, horrible fools on this website but you set a new standard.
I hope your car gets keyed the day you buy it even for considering this - as far as I can see it amounts to you setting out to steal a car.
Fortunately no judge in the land will agree with your little game.Thinking critically since 1996....0 -
At no point did I say anything about trying to scam a free car. I just googled something, read a post which I quoted above and asked what it meant.
I wasnt sure exactly what happened should the agreement be cancelled as obviously I would have bought the car because I wanted it. And of course it would be nice if the consequence for a company miss selling like this was that their finance package was unwound and they also had to let you keep the goods.
Which leads me to how can they offer me an additional £3k if I take their finance? That just doesnt seem right, I asked for the £3k if I paid cash and they said no it had to be on Audi Solutions finance to get that0 -
I agree they are on a sticky wicket with this one and they cannot deny you your statutory right to withdraw from the finance agreement within 14 days.
If I were the dealer I would have sussed you out by now and accepted the cash sale of the car at the pre-discount price.
If I were you I would go for the discount, withdraw from the agreement and see what happens when the sh*t hits the fan.
I still don't see where a free car comes into it though. That is known in court as 'unjust enrichment'.
According to things I am reading on various forums, a LOT of people take advantage of this offer and just withdraw from the finance and get to keep the benefit0 -
somethingcorporate wrote: »Wow...just wow.
I cannot believe some people - you deliberately intend to scam yourself a car - I thought I had heard some crazy, greedy, horrible fools on this website but you set a new standard.
I hope your car gets keyed the day you buy it even for considering this - as far as I can see it amounts to you setting out to steal a car.
Fortunately no judge in the land will agree with your little game.
Bit harsh that, especially as at no point did I say I intended to scam a car, I merely asked for clarity on what the quote meant exactly, like I originally said I knew I was clutching at straws that someone may be able to keep the car.
I went into the dealership intending to buy the car for cash. And I am still buying the car, I just did a little homework and was unsure as to what something meant hence I come here for a little clarity on it.0
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