Dealer Won't Return Deposit - Outstanding Finance

Ferdasyn

Hi all,

I had a thread on here a few weeks ago explaining my situation (Paid deposit on car from dealer on 23rd March, ran HPI check, turned out car had outstanding finance)

They kept telling me ‘Don’t worry, all our cars are HPI clear – we check them when they come in.’ When they finally recognized this oustanding finance I gave them a week to get it sorted and have the car delivered to me, which they agreed to.

I told them if they didn't deliver on this I would ask for my deposit back. They told me I would get the deposit back minus the cost of the MOT they put it through after I agreed to buy it.

I've had a lot going on in the past few weeks, so I've been happy just to wait. The only contact I've had from the dealership has been when I've called them.

This is what I’ve now been told by the dealership:
Mr X. went to purchase the same vehicle I’m interested in from Arnold Clark in Rutherglen – he ‘arranged his own finance’ on the car via Santander Consumer Finance, then at the last minute decided to buy the car next to it.
Mr X. drove off in one car, and has spent the past 8 months paying off another car (the one I’m after,) which then was sold to Dealership in Carlisle.

Santander sent out new forms to Mr. X 2 weeks ago to be signed to have the right agreement put in place, so my car would be free of any interest .
Santander still tell me they have an interest in the car, and I have had no luck contacting the man at Arnold Clark who’s details the dealership have given me. I have no proof these forms were even sent out to Mr. X. – or that any action has been taken on this at all via Santander or Arnold Clark.

I called the dealership yesterday stating that this had gone on too long – I don’t want ‘his word’ nothing will backfire on me, I want it in writing that the car has no outstanding finance. As the deadline I gave him passed two weeks ago tomorrow, I’d like my deposit back so I can go elsewhere.

He said ‘at this point there is nothing stopping you from taking the car away, it’s just an admin error so you won’t get your deposit back. There’s nothing more I can do, it’s out of my hands. I’m a third party just like you. Believe it or not I only make £50 for selling this car so do you think it’s worth me chasing anyone else up?’

I've also been informed the car had a rattling timing chain during the MOT, which has now been replaced 'for me.

Do I have a leg to stand on here re my deposit or should I just wait it out (its already been 3 weeks)? After all I believe they have misrepresented the car in telling me it had no outstanding finance on it - the paper I signed also makes no mention of a non-refundable profit.

Any help is appreciated.

Andrew

jumperjohn

Can you re-do your HPI to check to see if the finance has now been paid, you could also go to the dealer and together ring the finance company. If Santander still say that they have interest in the car then you are correct not to take the car until all their interest is relinquished, whilst the dealer is listning in he can't really argue against this. It's up to the dealer to make sure the car is 'ready' to be sold not the customer.

bob_a_builder

Timing chain is not part of the MOT & difficult to check if its really been changed - seems unlikely to me - just trying to keep you on side with all these 'favors'

motorguy

jumperjohn wrote: »

Can you re-do your HPI to check to see if the finance has now been paid, you could also go to the dealer and together ring the finance company. If Santander still say that they have interest in the car then you are correct not to take the car until all their interest is relinquished, whilst the dealer is listning in he can't really argue against this. It's up to the dealer to make sure the car is 'ready' to be sold not the customer.

Get at email or letter from Santander saying they no longer have a financial interest in the car. An HPI check may not show that for several days.

Ferdasyn

jumperjohn wrote: »

Can you re-do your HPI to check to see if the finance has now been paid, you could also go to the dealer and together ring the finance company. If Santander still say that they have interest in the car then you are correct not to take the car until all their interest is relinquished, whilst the dealer is listning in he can't really argue against this. It's up to the dealer to make sure the car is 'ready' to be sold not the customer.

I have the Santander Consumer Finance Agreement Number - I rang them again yesterday and they still confirmed they has an interest in the vehicle, so I don't see any point in paying for another HPI check to be told this.

Santander won't tell me (or the dealership) any more than this as we are both 3rd party. The dealership say they are ringing Arnold Clark, who are then ringing Mr. X. and Santander.

bob_a_builder wrote: »

Timing chain is not part of the MOT & difficult to check if its really been changed - seems unlikely to me - just trying to keep you on side with all these 'favors'

I agree with you here.

Yesterday he said ‘We’re probably at the point now where we want to sell this car more than you want to buy it. We’re trying to help you but there’s nothing more we can physically do. We want all our customers to have a good buying experience but I’m afraid it feels like we've failed you here.’

I agreed on both points.

motorguy wrote: »

Get at email or letter from Santander saying they no longer have a financial interest in the car. An HPI check may not show that for several days.

That's the point Paul - Unfortunately Santander are saying they ARE still interested.
HPI check and phonecalls have confirmed this for past 3 weeks. Nothing has moved forward at all, yet the dealership wants me to pay for car and drive away on their word that 'nothing will come back to haunt me.'

motorguy

Ferdasyn wrote: »

That's the point Paul - Unfortunately Santander are saying they ARE still interested.
HPI check and phonecalls have confirmed this for past 3 weeks. Nothing has moved forward at all, yet the dealership wants me to pay for car and drive away on their word that 'nothing will come back to haunt me.'

Yes, i was proposing that rather than paying for an HPI that may not reflect the latest status anyway.

But you're right - i would be escalating within the dealership if they're not giving you your deposit back. They've had long enough to sort it, and its not unreasonable for you to be expecting the car to show as "HPI clear" given there has been this anomoly in its past.

AdrianC

bob_a_builder wrote: »

Timing chain is not part of the MOT

It isn't, true, but a good MOT man may very well pop it in as an advisory or just tell you directly if he hears it rattling away whilst he's testing.

As far as the finance goes, I'd be cutting out the chinese whispers, by sitting in the dealer's office with him and the finance company on speakerphone.

Ferdasyn

AdrianC wrote: »

It isn't, true, but a good MOT man may very well pop it in as an advisory or just tell you directly if he hears it rattling away whilst he's testing.

As far as the finance goes, I'd be cutting out the chinese whispers, by sitting in the dealer's office with him and the finance company on speakerphone.

This is a good suggestion – cheers.

Problem is I’m an hour and half away from them – I viewed the car on a Saturday, they told me the car would be ready on the Tuesday and I’d pick it up the following Saturday. The reason they agreed to drop the car off at my work was because I had told them the next two weekends I’d be busy, and I can’t make it during the week due to work.

AdrianC

Ferdasyn wrote: »

This is a good suggestion – cheers.

Problem is I’m an hour and half away from them

Personally, I'd just do it. But there's various telephone conference call services available cheaply.

Nodding_Donkey

If you are buying from a bona-fide dealer what is the problem?

Ferdasyn

Nodding_Donkey wrote: »

If you are buying from a bona-fide dealer what is the problem?

Would you pay for a car and drive away away on a dealer's word while a finance company told you they had still an interest in it?