Unsigned Car Finance Agreement?

MarkusDY

I purchased a car back in March this year with finance provided by Marsh Finance as I have a less than perfect credit history.

The dealership was Evans Halshaw, so a well known national chain. However, they apparently "brokered" out the finance via a 3rd party company called Mann Island.

I have recently started receiving letters from Mann Island to request me to sign a copy of the finance agreement as they claim that Marsh are not holding an original signed copy on file.

My circumstances have changed, and I no longer need the car now. I have also had issues with it since day and it is not an acceptable standard of vehicle.

My questions is, would I be able to reject the agreement now, seeing as they claim to not have an original copy of my signature on file?

Any help appreciated!

lee111s

You may be able to but I suspect you'll need to hand the car back too.


Have you raised issues with the dealer previously about the problems with the car? If so what has been their response?


How is it now acceptable? What have the issues been?

[Deleted User]

No.

But if you did, you would then need to pay by other means. Do you have the cash available? .

MarkusDY

lee111s wrote: »

You may be able to but I suspect you'll need to hand the car back too.


Have you raised issues with the dealer previously about the problems with the car? If so what has been their response?


How is it now acceptable? What have the issues been?

I'm more than happy to hand the car back, so that would be the best solution.

The dealer have been shocking. They only offered a 3 month warranty and tried to fix various issues, but the main one without success and we've had to pay to fix it ourselves since, but it's still ongoing.

I'm just wondering what my rights are if they don't hold an original signed agreement? I am suspect they'll have a photocopy of it, but not an original as per the letters from the broker.

lee111s

If you think you'll get away without paying the finance, that's not going to happen.


I think you need to speak to them and find out the situation, discuss handing the car back but I suspect you'll also need to contact the dealer about it too.

saverbuyer

MarkusDY wrote: »

I'm more than happy to hand the car back, so that would be the best solution.

The dealer have been shocking. They only offered a 3 month warranty and tried to fix various issues, but the main one without success and we've had to pay to fix it ourselves since, but it's still ongoing.

I'm just wondering what my rights are if they don't hold an original signed agreement? I am suspect they'll have a photocopy of it, but not an original as per the letters from the broker.

Post on the motoring forum, the dealer can't pick and choose the warrantee they give. You'll be covered under the SOGA.


But no, you'll not get out of the contract just because you didn't sign the agreement.

JimmyTheWig

If you think that the terms they say you agreed to is different to what you actually agreed to then the lack of a signed agreement might hinder their cause.
But it sounds to me like you agreed to these terms and signed them.
If there is no dispute about what was agreed, I don't see that a signed agreement would have any impact on what should happen.

If your car wasn't fit for purpose under the SOGA then you may have scope for some redress, but not because they have mis-laid some paperwork.

forgotmyname

It could be argued that if you didn't agree to the loan agreement why did you start paying it back.

I would do as above and try the not fit for purpose, but whatever you do you need to keep paying the loan.

You have not said why its not fit for its purpose though, so that maybe a loser also.