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Mis-sold finance agreement but dealer sold company

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24

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  • SeanG79
    SeanG79 Posts: 977 Forumite
    Part of the Furniture 500 Posts Name Dropper
    No, your wife's mum signed the agreement, she is in breach of the contract SHE signed.

    The dealer risks losing his credit line with the finance company, but the dealer will deny all knowledge of the accommodation.

    There are many dealers who turn a blind eye to accommodation deals, but the responsibility still lies with the person signing the contract.
  • gazfocus
    gazfocus Posts: 2,466 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Bantex wrote: »
    You say that they said she could hand teh car back and trade up to a bigger vehicle. That does not appear to be what she now wants.

    No, they didn't specify that she would have to 'trade up' or buy another car from them. In fact, we specified that we would potentially need to opt for a used car to keep the finance payments low. They are the ones that went on to quote monthly payments of £320 for a poxy Seat Ibiza instead of the £147 we currently pay.

    Gaz83 wrote: »
    Why? The finance is in someone else's name rather than who actually drives the car, which is usually a big no-no for finance (did your wife's mother make it clear that she would not be the driver?), and the signed paperwork will make it clear that it is 50% of repayments.

    I'm sorry you feel hard done by, and I can quite believe that a car salesman might use dubious tactics to sell a car, but unless you can prove that (and all the signed paperwork will back up the dealer's word rather than your wife's), I don't think you have a case.

    Yes, the dealer knew 100% that the car was for my wife. They are the ones that registered the car and registered it in my wifes name at my wifes address. The finance paperwork is all in my wifes mums name.

    SeanG79 wrote: »
    No, your wife's mum signed the agreement, she is in breach of the contract SHE signed.

    The dealer risks losing his credit line with the finance company, but the dealer will deny all knowledge of the accommodation.

    There are many dealers who turn a blind eye to accommodation deals, but the responsibility still lies with the person signing the contract.

    How can the dealer deny all knowledge of the accommodation when it was the dealer that registered the car in my wifes details when the finance was in her mums details?
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    gazfocus wrote: »
    No, they didn't specify that she would have to 'trade up' or buy another car from them. In fact, we specified that we would potentially need to opt for a used car to keep the finance payments low. They are the ones that went on to quote monthly payments of £320 for a poxy Seat Ibiza instead of the £147 we currently pay.


    That's not what your first post says.

    I would get your story straight before making a complaint.
  • gazfocus
    gazfocus Posts: 2,466 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Bantex wrote: »
    That's not what your first post says.

    I would get your story straight before making a complaint.

    My first post doesn't say that they specified that she'd have to buy a new car from there.
  • leveller2911
    leveller2911 Posts: 8,061 Forumite
    She could just keep on paying until the PCP contract ends and then start afresh with another dealership.

    It is very unusual for finance companies to allow someone else to be the main user other than the person named on the agreement.
  • SeanG79
    SeanG79 Posts: 977 Forumite
    Part of the Furniture 500 Posts Name Dropper
    edited 16 October 2014 at 4:07PM
    gazfocus wrote: »
    How can the dealer deny all knowledge of the accommodation when it was the dealer that registered the car in my wifes details when the finance was in her mums details?

    Even if the dealer was 100% aware of the accommodation, it only makes "him" a party to the fraud and for that the dealership risks his relationship with the finance company and could result in the finance company claiming losses from the dealership, depending on their trading terms and conditions, BUT, it does absolve your mother in law's responsibility to have read and now adhere to the terms of the contract she signed.
  • Bantex_2
    Bantex_2 Posts: 3,317 Forumite
    gazfocus wrote: »
    My first post doesn't say that they specified that she'd have to buy a new car from there.

    n May 2013, my wife purchased a brand new car last year on a 3 year PCP agreement. She was told (with a witness) that after 18 months she can hand the car back and change it for a bigger car if she wanted.

    Just a bigger one.
  • Apples2
    Apples2 Posts: 6,442 Forumite
    Whats the difference between what has been paid and 50% of the finance agreement?

    Wouldn't it be better to make that difference up and get shot?
    The louder you shout, the worse it gets for you, but I can't see any evidence of mis-selling,

    It sounds more like you all knew exactly what you were doing and took advantage of it but are now trying to use it against the dealer. It all comes back to your own wrongdoings.
  • gazfocus
    gazfocus Posts: 2,466 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Bantex wrote: »
    n May 2013, my wife purchased a brand new car last year on a 3 year PCP agreement. She was told (with a witness) that after 18 months she can hand the car back and change it for a bigger car if she wanted.

    Just a bigger one.

    Where in that quote does it say she has to get the bigger car from the same dealer???
  • cajef
    cajef Posts: 6,283 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    gazfocus wrote: »
    My first post doesn't say that they specified that she'd have to buy a new car from there.

    But it does not say they can just hand the car back and buy one from another dealer, I suspect when they say change it means another car from them.
    gazfocus wrote: »
    She was told (with a witness) that after 18 months she can hand the car back and change it for a bigger car if she wanted.
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