Mis sold personal loan agreement

nobodysdriving

I wanted to revive this thread as I am voluntarily terminating my 'just add fuel' with Peugeot on a 107.
I wrote to them for a 'settlement' figure as I knew I paid under the 50% of the total outstanding, I paid the settlement and I was now due to return the car to the 'dreaded' RMS people!
After reading this thread and others I am 'dreading' doing this.
Today when I called RMS they said they would only collect the car monday to friday 9 to 5, well...guess what? I work monday to friday 9 to 5 so I said there has to be another way, surely I can take it back to the dealer which is just virtually next door to me?
they agreed to this, I walked down to the dealer and I spoke to their senior sales manager who agreed to get the car off me, I am taking it there on Monday.
I went through my contract with a fine toothcomb and I have drafted my own 'copy' of an agreement which is 'to the point'.
I have put on it every single thing that the T&Cs from Peugeot contract state in regards as what they think is 'normal' wear and tear and what is not, I will get the sales man to counter-sign each one of them as we check the car, I will then give him a copy and one I will retain. I will be taking photos with him on the day too of the car conditions.

some things I don't know how he can check in front of me like: if the brake pads need replacing? for this you'd have to put the car up, take wheels off? the car has done 5500 miles over 2 years in town (just the odd 'shopping trip etc'), so maybe the pads will be ok?

I am dreading this

DevCoder

Im really not sure you can draft your own contract up and expect them to sign it.

At the very least I would have expected them to refuse until a legal team has reviewed "your contract"

Don't forget the only binding contract is the original one.

James_B.

Why on earth would they sign your "contract"? What possible upside do they have from doing that?

Clive_Woody

nobodysdriving wrote: »

I wanted to revive this thread as I am voluntarily terminating my 'just add fuel' with Peugeot on a 107.
I wrote to them for a 'settlement' figure as I knew I paid under the 50% of the total outstanding, I paid the settlement and I was now due to return the car to the 'dreaded' RMS people!
After reading this thread and others I am 'dreading' doing this.
Today when I called RMS they said they would only collect the car monday to friday 9 to 5, well...guess what? I work monday to friday 9 to 5 so I said there has to be another way, surely I can take it back to the dealer which is just virtually next door to me?
they agreed to this, I walked down to the dealer and I spoke to their senior sales manager who agreed to get the car off me, I am taking it there on Monday.
I went through my contract with a fine toothcomb and I have drafted my own 'copy' of an agreement which is 'to the point'.
I have put on it every single thing that the T&Cs from Peugeot contract state in regards as what they think is 'normal' wear and tear and what is not, I will get the sales man to counter-sign each one of them as we check the car, I will then give him a copy and one I will retain. I will be taking photos with him on the day too of the car conditions.

some things I don't know how he can check in front of me like: if the brake pads need replacing? for this you'd have to put the car up, take wheels off? the car has done 5500 miles over 2 years in town (just the odd 'shopping trip etc'), so maybe the pads will be ok?

I am dreading this

Can't see the salesman agreeing to sign anything other than a receipt saying he took possession of the car.

Thrugelmir

nobodysdriving wrote: »

I have drafted my own 'copy' of an agreement which is 'to the point'.

Totally valueless.

[Deleted User]

nobodysdriving wrote: »

I have drafted my own 'copy' of an agreement which is 'to the point'.

What on earth makes you think you are entitled to do this? Your new "Agreement" won't supersede the original and the most you can expect from all that work you've put in drawing up a new "contract" is to give the Dealer's staff a hearty laugh when you present it to them.

nobodysdriving

Moneyineptitude wrote: »

What on earth makes you think you are entitled to do this? Your new "Agreement" won't supersede the original and the most you can expect from all that work you've put in drawing up a new "contract" is to give the Dealer's staff a hearty laugh when you present it to them.

Maybe I should have not called it an 'agreement'

it is not an agreement, it is a check list/report of the condition of the car, it simply states things like:

Scratches: is there any scratches on the body of the car which go through the primer coat? NO YES give details (and he will have to circle no or yes and initial)

it is not asking him to bind himself to anything so it is not a contract, it simply states yes or no to damage being present and it says specifically what damage (scratches/bumps/cracks in windscreen/chips/loose parts etc). I have copied the damage list from my contract with Peugeot where in a clause they state what they accept to be normal wear and tear and what not and they describe.

I certainly do not want to be charged for anything I am not responsible for.

And what do you know (as in all of those people who replied here) what the salesman is willing or not willing to do? he has already agreed we will take detailed photos on the day and take our time to go over the condition of the car, he understood exactly what I was worried about when I said I do not like the fact that RMS is dealing with this (think they do have a reputation).

nobodysdriving

James_B. wrote: »

Why on earth would they sign your "contract"? What possible upside do they have from doing that?

sorry it is not a 'contract' (see my post above), wrong choice of words.

the upside would be that we 'both' know where we stand in regards to the condition of the car at handover point, so this is beneficial to both of us. He agreed with me regarding the reputation of RMS and was very willing to take the time to go over the car properly (and take detailed photos).

CHR15

Have RMS agreed that the dealer is going to act as their inspecting agent?

James_B.

Still, they have no reason to sign it, and would be foolish to do so. It is not beneficial to the company, only to you. If there is a scratch, they can prove it by photographing it; they would be fools to sign a bit of paper saying, in effect, that if a later inspection finds an issue that they have no comeback.

You are of course perfectly able to try, but I doubt you'll find anyone naive enough to go for it.