Car finance troubles - bank haven't paid garage now garage is threatening me

louis_b

Hi, I'm currently having big problems with my car finance and would like someone to explain the legalities of this.

I financed a car on Saturday, with my dad as a guarantor (I'm only 19), they asked us to bring proof of id in, which we did and had photocopied and signed off by a member of staff, and everything was good and signed off and I drove home in my new car.

Unfortunately, unknown to us, my dads driving license had expired (he's already applied for a new one), so the bank that was going to lend us the money, have refused until they get proof of ID. However, me and my dad are both working away (separately) so there is no chance in the next week of us getting to them.

I've told the garage this, and they are not happy. They are harassing me with 5+ phone calls a day (while I'm at work) and they are now threatening repossession and contact with the police if we don't go back in to sort the documents out, but this isn't doable.

Do the garage have any right?
Who is legally in the wrong?
If the police are contacted what will happen?

Thank you

Clive_Woody

The garage is currently feeling a bit stupid because they released the car before they had the funds in their possession. The police will not be interested because the garage was stupid, it's a civil matter (other than possibly notifying the DVLA that your father's driving license had expired - also unlikely).

Explain to the garage what you intend to do regards paying them. Ask that they stop calling you at work and explain if you lose your job because of taking too many personal calls at work they will never be paid for the car.

chanz4

Until paid they are the legal owners, so they could report it stolen

fwor

In buying the car you will have entered into a contract, and your side of that contract is to pay for it. You haven't, so the car is not legally yours.

As above, the garage staff are probably feeling pretty stupid about this, and if someone is calling 5 times a day it's probably because they are being told they will be sacked if they don't get payment or the car back.

If they want to make life difficult for you they can report it stolen, but one other thing to bear in mind is that your insurance is probably (not necessarily, but probably) dependent on you owning the car. As you don't own it, your insurance will be invalid, so you should not be driving it until the matter is resolved.

t508

they have not been paid = you have not paid for the car. you can moan about their service as much as you like but in my experience they will instruct repossession agents to colelct the car should you not sort it out with them. They made an error but so did you in providing an expired proof of identity. you need to speak to them and get it sorted out.

Clive_Woody

t508 wrote: »

They made an error but so did you in providing an expired proof of identity. you need to speak to them and get it sorted out.

The ID was checked and approved by the garage apparently so they really do only have themselves to blame.

They can report the car as stolen but I am sure the police will be very unhappy having their time wasted when the OP has explained to the garage that he will sort this out at the earliest opportunity and the fault lies with the garage for not checking the ID properly and handing over the keys before they had payment.

The OP has not set out to deceive the garage and is suffering as a result of their incompetence.