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Advice on contract law for car finance
Hi - first post here, hoping someone can advise on my legal situation.
I recently arrange a car lease through a company deal at work. The arrangement is in my name and there is no link back to my work - they effectively just do an introduction and brokered some good rates.
The arrangement was described as a contract hire and all the quotations the company supplied ahead of any formal contract documentation was reflective of a contract hire agreement.
When the car was 10 days away from delivery (and I had already paid £5000 deposit to help reduce the monthly payments and overall cost across the 3 year term) they finally sent through the paperwork for the agreement.
It was a Credit Sale Agreement which effectively read as a Personal Contract Purchase and had a lower monthly cost than the quotations had suggested.
I signed the agreement and returned it to them electronically (scanned it) and asked if that was sufficient - they confirmed it was and that the car would be delivered within the next 10 days.
They then took the first monthly payment which was the quotation amount rather than the signed agreement amount. Within 15 days they then took a further 2 months payments - again at the quotation amount rather than the signed agreement.
I contacted them regarding the payment schedule and the amounts - they advised the plan had been set up on a business rate rather than a personal one and the schedule had been amended to correct the error, they also provided the calculation for the payment amount which didn't match the signed agreement and therefore I pointed that out to them. They then advised that the PCP agreement they'd sent was incorrect as they should have sent a PCH agreement instead and advised the signed agreement was null and void and that I should sognrd and return the PCH agreement instead.
I challenged this - the PCP agreement i'd signed has more favourable terms and had that option been offered at the time of enquiry I would have taken that instead - and they responded that unfortunately I had to take the PCH agreement.
Reading the PCH agreement they have also Miscalculated that as well! I believe they have provided the finance figures excluding VAT in the summary box however in the terms and conditions it states that all figures include VAT so the actual cost if followed to the PCH contract is even lower than the PCP agreement!
They have passed my query onto their legal team for advice as the contract wording is wrong. I suspect they will try and get out of it with some legal jargon, but I want to fight it if I stand a chance to move onto the PCP agreement I orginally signed.
Anyone got any advice?!
Cheers
M
I recently arrange a car lease through a company deal at work. The arrangement is in my name and there is no link back to my work - they effectively just do an introduction and brokered some good rates.
The arrangement was described as a contract hire and all the quotations the company supplied ahead of any formal contract documentation was reflective of a contract hire agreement.
When the car was 10 days away from delivery (and I had already paid £5000 deposit to help reduce the monthly payments and overall cost across the 3 year term) they finally sent through the paperwork for the agreement.
It was a Credit Sale Agreement which effectively read as a Personal Contract Purchase and had a lower monthly cost than the quotations had suggested.
I signed the agreement and returned it to them electronically (scanned it) and asked if that was sufficient - they confirmed it was and that the car would be delivered within the next 10 days.
They then took the first monthly payment which was the quotation amount rather than the signed agreement amount. Within 15 days they then took a further 2 months payments - again at the quotation amount rather than the signed agreement.
I contacted them regarding the payment schedule and the amounts - they advised the plan had been set up on a business rate rather than a personal one and the schedule had been amended to correct the error, they also provided the calculation for the payment amount which didn't match the signed agreement and therefore I pointed that out to them. They then advised that the PCP agreement they'd sent was incorrect as they should have sent a PCH agreement instead and advised the signed agreement was null and void and that I should sognrd and return the PCH agreement instead.
I challenged this - the PCP agreement i'd signed has more favourable terms and had that option been offered at the time of enquiry I would have taken that instead - and they responded that unfortunately I had to take the PCH agreement.
Reading the PCH agreement they have also Miscalculated that as well! I believe they have provided the finance figures excluding VAT in the summary box however in the terms and conditions it states that all figures include VAT so the actual cost if followed to the PCH contract is even lower than the PCP agreement!
They have passed my query onto their legal team for advice as the contract wording is wrong. I suspect they will try and get out of it with some legal jargon, but I want to fight it if I stand a chance to move onto the PCP agreement I orginally signed.
Anyone got any advice?!
Cheers
M
0
Comments
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Refuse to accept the car and write a letter stating the facts - they haven't been clear on the terms.
Google - Contra proferentem0
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