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

bigjl

Stooby2 wrote: »

The police won't be in the slightest bit interested, it's a civil matter.

Ring the garage. Tell them in no uncertain terms, that your Dad made a simple mistake (which their salesman should have spotted), you are trying to rectify the situation asap and if they carry on harrassing and threatening you, you'll cancel the whole deal as you are legally allowed to within 14 days of taking out a credit agreement.

Does your Dad have a passport and utility bills he could use instead?

I've found that car salespeople generally like to bully and pout, but when faced down, give in and shut up - especially if it's going to cost them money.

Not entirerly true.

After you have made several payments it becomes a civil matter if you stop paying.

As you never intended to not pay when you took out the contract.

If you never make any payments then it is something completely different.

This is how those of dubious morals keep out of prison due to the fact they simply make a few payments before stopping.

I think the OP's position does show that failing to renew your photocard is a bigger issue than some people on the forum have made out in the past.

Though as the intent of the OP and his dad wasn't to defraud then it is a case of renew photocard which takes a week and then produce it.

Or perhaps his dad could produce a passport or other approved photo id to placate the finance company.

I personally don't blame the dealer as they will be on the hook i would suspect.

colino

The point is, without a fax or email "release" from the finance house, if such a thing did happen, it would be entirely down to the trader as their loss. The finance house wouldn't have concluded their deal, no release, no involvement.

arcon5

colino wrote: »

The point is, without a fax or email "release" from the finance house, if such a thing did happen, it would be entirely down to the trader as their loss. The finance house wouldn't have concluded their deal, no release, no involvement.

But if the finance company didn't complete the dealer then title wouldn't have transferred to them, making the dealer the legal owner still

colino

And your point is? Which trader would let a car off the forecourt without payment from the client or the finance house? In this scenario, the trader has given the car away.

sarawindhill

colino wrote: »

And your point is? Which trader would let a car off the forecourt without payment from the client or the finance house? In this scenario, the trader has given the car away.

'We let the customer take it for a test drive and it was never returned'

Granted a rep should have been with the customer but just because the OP now has the car does not make it his.

In reality the responsibility lies with the OPs father as it is up to him to keep his documents up-to-date. Therefore, like many have said, get it sorted ASAP!

Yes I agree that the trader should have noticed this fact but it has been missed, the finance is not paying out and the dealer is still able to claim the car back, as the name has not been changed over.

Regardless of if they've "given" it away or not.

arcon5

colino wrote: »

And your point is? Which trader would let a car off the forecourt without payment from the client or the finance house? In this scenario, the trader has given the car away.

What nonsense. They released the car in good faith the financial side of things would go through - being they sell the car to the finance company who allows op to use it subject to their finance contract terms. If the finance falls through there's no way on hell title then transfers to op in any way or form!!

Thought my point was obvious - it's not a loss the dealer has incurred at all.

redux

I don't think there is anything useful in trying to shift blame towards the dealer.

It's up to the OP and father to make some effort to sort this out as quickly as possible, as a matter of not only simple goodwill but also avoiding the risk of precipitate legal action against them, and as fast as possible doesn't mean giving an impression they can't make the effort to do anything until next week or longer.

burlington6

Why can't you just email them the docs they need today?

colino

Whole point of checking IDs is actually checking them. Fax, scan or photocopy is of absolutely no use whatsoever. The traders rep "checked", authenticated as true and initialled/signed the finance agreement as such.
If this did happen, the traders rep will be on the phone on the hour to get the proofs in or the car back as to all intents and purposes this person has given away a car (Police will not be interested).
If this has happened, car back or finance in place, that person will undoubtedly be sacked.

bigjl

arcon5 wrote: »

Surely even an expired driving license is valid ID? It's still not like its fake, assuming its not many years expired therefore picture being out of date.

Can't he scan and email them? That's what the car company would probably do.

I think it was good of them to release the car in good faith, little wreck less they didn't check. But can see why they're worried.
It shouldn't take long to sort out, can he possibly take it in to a different dealership and ask them to forward it on? Might work if he's working away (assuming away isn't out of the country anyway).

Or possibly offer them a token payment which they will agree to refund when the finance comes through.?? Might settle their nerves..

Maybe their big worry is the finance is approved and they have a time limit before a new application needs submitting?? Whilst in the meantime your totting up mileage on the vehicle.

As for repossessing it, presumably they don't have a key so would need a recovery truck, not exactly an easy quick in out repossession.
But it could be the finance company don't own the vehicle yet as the deal hasn't been completed, so if they tried repossessing the police are unlikely to get involved if they are still the legal owner

No an expired photocard licence is no longer considered valid id.

Probably be fine for proof of age at a nightclub or when buying alcohol.