Mis-sold finance agreement but dealer sold company

Bantex_2

gazfocus wrote: »

My first post doesn't say that they specified that she'd have to buy a new car from there.

gazfocus wrote: »

Where in that quote does it say she has to get the bigger car from the same dealer???

Seems pretty obvious they are not going let let her out of an agreement to go to the competition, I think you already know that though.

gazfocus

Apples2 wrote: »

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.

I'm astonished that you would throw such accusations around.

I personally have never had a PCP agreement, neither has my wife prior to this and I wasn't present at the dealer until my wife collected the car. All visits to the dealer were by my wife and her mum, but under no circumstances did we know 'exactly what we were doing and took advantage of it'. Afterall, there's nothing to take advantage of.

gazfocus

cajef wrote: »

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.

Bantex wrote: »

Seems pretty obvious they are not going let let her out of an agreement to go to the competition, I think you already know that though.

Well yes, that's evident now with the way they are acting and it's lesson learnt.

cajef

gazfocus wrote: »

I personally have never had a PCP agreement, neither has my wife prior to this and I wasn't present at the dealer until my wife collected the car. All visits to the dealer were by my wife and her mum

So in actual fact you do not know exactly what was said and agreed, was this witness totally independent?

gazfocus

cajef wrote: »

So in actual fact you do not know exactly what was said and agreed, was this witness totally independent?

I know that my wife told me exactly what was said, so yes, I know what was said and agreed.

SeanG79

gazfocus wrote: »

I know that my wife told me exactly what was said, so yes, I know what was said and agreed.

It may well be that the dealer said 18 months, it may well also be that the dealer knew that the vehicle was for your wife and not your mother in law.

However, the dealer will not have put any of that in writing. The finance company has a signed contract they can and will enforce.

Without written evidence, or an unrelated 3rd party witness, I doubt the FCA or other regulating bodies will uphold your complaint, and if the finance company realise the accommodation, they will terminate the agreement immediately.

I think your best course of action would be to request a copy of the documents from your mother in law and establish what the 50% point is in the agreement and when you can Voluntarily Terminate the agreement. Be careful of excess mileage, it is not mentioned in S99 of the CCA but from what I have read elsewhere, mileage can be pro-rata'd and excess mileage charges enforced on PCP agreements as well as any damage that falls outside of fair wear and tear for a vehicle of that age and mileage.

Apples2

gazfocus wrote: »

I'm astonished that you would throw such accusations around.

Happy to throw accusations at the dealer of mis-selling though?

I'm still puzzled about the 18 months of a 36 month contract / 50% issue.
There can oly be a small amount to consider, unless a payment (or more) has been missed, it which case, this is a whole different problem.

BrassicWoman

gazfocus wrote: »

I'm astonished that you would throw such accusations around.

It looks like a horse, smells like a horse and sounds like a horse. Go buy a saddle!

~Brock~

Apples2 wrote: »

Happy to throw accusations at the dealer of mis-selling though?

I'm still puzzled about the 18 months of a 36 month contract / 50% issue.
There can oly be a small amount to consider, unless a payment (or more) has been missed, it which case, this is a whole different problem.

It was a PCP, so there will still be a big chunk of final payment to be found. Termination rights refer to 50% of the total payable, not the actual term of the agreement.

The dealer's claim that you can hand the car back after 18 months was not technically incorrect.....you can hand the car back at anytime, with the caveat that there may well be a bundle of cash to be paid as well !

Gaz83

For me, the main point is this:

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.

gazfocus wrote: »

we have found a car elsewhere so contacted the dealer to arrange the return of the original car as we are now at the 18 month period.

The agreement doesn't say that you can return the car. It says that you can change it for a bigger car, and it really goes without saying that this would be from the same dealer.

You are claiming that they are not sticking to the agreement, but in reality it's you and your wife who are not sticking to it. From what you have posted, no-one ever told your wife she could return the car after 18 months.