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Leasing company have delivered car but have lost my paperwork

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New to the forum and looking for advice.

3 weeks ago I took delivery of my new car which is on a personal lease. It has been ordered through a broker, financed through one of the major car finance companies and supplied by a main dealer.

In the 3 months since ordering I have only had contact with the broker who have made several mistakes throughout the process which I won't go in to detail but it's resulted in the price increasing and delivery date being moved forward by 2 months.

Now I have the car the broker has been in touch last week to inform me they haven't got any of my finance agreements I've sent back (by email) meaning the finance company cannot make my account live and therefore can't even debit my deposit or collect monthly payments. I then received a phone call yesterday to tell me to send them ID as they haven't got that also (sent by email). They have sent me new copies to send back along with my ID and asked that I back date it two months to when the finance was agreed as the finance company insist the dates match.

My question is, if I don't send any paperwork back, where do I stand? Will they just collect the car if they can't collect payment? Should I go down the complaint route as they have breached DPA as have lost copier of my driving licence, bank statement and direct debit mandate?

I really can't understand a company arranging the delivery of a brand new vehicle without have any of the relevant paperwork. In my line of business I would have to write it off as a huge loss as it would be my mistake and back dating any paperwork would be classed as falsifying documents.

Thanks in advance for any help.
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Comments

  • Nobbie1967
    Nobbie1967 Posts: 1,667 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Sounds like you have a contract to buy the car, but the paperwork for the associated finance is outstanding. If you don't sort out the finance paperwork then the dealer will not get paid for the car and will repossess the car and/or sue you for their losses.

    Don't really see any point in complaining about the DPA breach if they have lost your docs, but maybe on a point of principle you could.
  • DoaM
    DoaM Posts: 11,863 Forumite
    10,000 Posts Fifth Anniversary Name Dropper Photogenic
    Can you not just forward again the previous emails you sent them? (You did save copies, didn't you?)
  • Personally reading thisit sounds like they have made lots of mistakes - I would at least be pushing for a goodwill gesture for your inconvenience and their incompetence.

    I'm not sure where they stand if you do nothing - with no finance agreement then I don't see that they could claim ownership of the car
  • So lets get this right, They ordered you a car delivered you a car without first making sure they have the correct paperwork and process's completed before doing so, and now want you to help them commit fraud by getting you to back date all the paperwork so they can submit it and say "we did lose it it was filed incorrectly".


    Who is this shoddy operation so we can avoid it all costs.


    Its upto you whether you want to be complacent in their faulty process and possibly make a fraudulent statement by backdating everything, Personally would make a DPA claim with their data protection officer, would not back date nothing and If they want the car back would hand it back and order through someone else.


    I would never back date important docs such as these due to someone elses incompetence.
  • arcon5
    arcon5 Posts: 14,099 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker
    You sent the documents via email... So they've hardly lost it, more cant find it amongst thousands of emails
  • bigjl
    bigjl Posts: 6,457 Forumite
    I have never heard of a car being delivered before the paperwork is sorted.

    The Finance Co wouldn't release the funds till they had all the paperwork and contracts.

    And no Dealer would release a car without payment.
  • loskie
    loskie Posts: 1,761 Forumite
    Part of the Furniture 1,000 Posts
    will you be legal to be driving this car that you have no title for? Your insurance may well be invalid.
  • jellie
    jellie Posts: 884 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Fizzle616 wrote: »
    Will they just collect the car if they can't collect payment?

    If the loan is anything other than a personal loan, I would imagine so, as they'll still be the owners of the car until you've paid for it.
    Fizzle616 wrote: »
    Should I go down the complaint route as they have breached DPA as have lost copier of my driving licence, bank statement and direct debit mandate?

    They might give you a few £s for the inconvenience, but are likely to tell you that they can't find the documents in their system, not that they've lost them down the local high street.
    Fizzle616 wrote: »
    In my line of business I would have to write it off as a huge loss as it would be my mistake

    Nice try. No, you can't have the car for free.
  • Thanks for all the replies, I called the broker today who have admitted they have just made a massive mistake with the paperwork and couldn't tell me what would happen if I didn't return anything as they've never been in this position before.

    It's currently the dealer that's out of pocket as they haven't been paid which I thought was strange but they explained they purchase that many cars through them that they will deliver the car as long as the finance is agreed as normally only takes a couple of days max to get them the funds. He did point out that this !!!! up had probably put an end to that good will!
  • loskie
    loskie Posts: 1,761 Forumite
    Part of the Furniture 1,000 Posts
    so are you legally driving the car?
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