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Dealer Won't Return Deposit - Outstanding Finance

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  • harrys_dad
    harrys_dad Posts: 1,997 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Maybe you need to cross post on to the Consumer Rights Board.
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ferdasyn wrote: »
    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?

    I think the point was that because they're a dealer, liability lies with them, not the subsequent customer.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    Op would only be protected if he was an "innocent buyer". Ie didn't know the car had finance on it.
  • Ferdasyn
    Ferdasyn Posts: 20 Forumite
    edited 16 April 2014 at 1:05PM
    motorguy wrote: »
    I think the point was that because they're a dealer, liability lies with them, not the subsequent customer.

    Ah right, I see.

    While I do understand liability lies with them, I'd rather it was cleared and there was no liability in the first place if you see what I mean.
    They want me to pay for the car, drive away and hope it will all be sorted down the line.
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ferdasyn wrote: »
    Ah right, I see.

    While I do understand liability lies with them, I'd rather it was cleared and there was no liability in the first place if you see what I mean.
    They want me to pay for the car, drive away and hope it will all be sorted down the line.

    I would agree with you. Purely on a point of principal now, given they didnt pick up on it, i'd be expecting a written assurance - either from the finance company or via a clear HPI report - that the problem has been resolved.

    Apart from anything, what happens if its not? Its ok the dealer saying "oh its only an admin error" but try trading it in in a years time with that still against it.

    I'd defo be escalating to the management in the dealership.
  • colino
    colino Posts: 5,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    OP, are you saying that you are trying to buy a car from AC, you have identified a major problem, but they are dismissing the title issue?
  • Ferdasyn
    Ferdasyn Posts: 20 Forumite
    colino wrote: »
    OP, are you saying that you are trying to buy a car from AC, you have identified a major problem, but they are dismissing the title issue?

    No - I'm buying from a dealer in Carlisle, who bought from Central Car Auctions, who got the car from Arnold Clark.
  • colino
    colino Posts: 5,059 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Ah, Millers, the finest auction house in all of Easterhouse.


    Dealer is indemnifying you because they can charge back to CCAs indemnity.
  • Ferdasyn
    Ferdasyn Posts: 20 Forumite
    Do I have a leg to stand on if I ask for my deposit back?
    Are they correct to charge me for the price of the MOT?
  • Ferdasyn wrote: »
    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?

    Well in Scotland yes you would, I don't even know why you would enter into a discussion about outstanding finance on a car from a large dealer.

    You buy a car from Arnold Clark and they have not checked for outstanding finance the car is yours, they have a problem though.

    Edit - Sorry its in Carlisle, not sure about English law.
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