Car Dealer flipped finance without consent?

jimbo747

mediacomplaints wrote: »

@Nearlyold thank you for the info we never knew that, either way the the dealership is not speaking to us today and if both Fiaance packages was similar I take it they would still need to have seperate proposal forms?


Would that still be fraud?



We now think (in our own minds) that the wife drove off on the 12th of june with no finance in place although the sales asked all the right questions for Black Horse no forms were ever presented for her to sign 4 days later (amazingly) she got her new logbook from the DVLA and the day before the said salesman asked us call black horse not shogun which she did right away.


My wife has had no paperwork from eith branch, we have not seen the terms and conditions or been given the 14 day cooling off period and now the first DD has been taken without knowing it was going to happen!


The really strange thing thats new is the DD that was taken has a 9 digit number that we have been told is normally the agreement ref but when we try the shogun login its not valid and we cant access it?


Should she go direct to TSB to find out what their agents have done or does anyone know if they can port a finance package internal or not without it being signed for?

You won't get a 14 day cooling off period as you were on their premises.

How did they get her bank details if she hasn't agreed to anything? When I bought a car last I didn't need to sign anything, just ticked a box on a computer.

Nearlyold

With many of the big dealers the initial finance proposal form they get you to complete is not necessarily for a specific finance company, this is because they often have a range of lenders they can place your business with and will juggle between lenders based on who is most likely to accept you, highest commission for them, most attractive deal for you etc. The proposal form you sign often gives them permission to "prop" you to any of their panel of lenders.


That being said you should of course have been given a SECCI document, plus some sort of finance package "reason why" statement and allowed time to consider the matter before going ahead. You should also have been asked to read through and sign the finance docs themselves.

There has obviously been some sort of !!!! up between the salesman, business manager and accounts dept. whereby the car has been released without the finance agreement being in place and then further confusion and perhaps some panicky skulduggery when they have tried to sort it out.

Nearlyold

You won't get a 14 day cooling off period as you were on their premises.

All consumer finance agreements since early 2011 (when the ECCD came into force) have a 14 day withdrawal window, it doesn't matter if its on or off premises. (its only a right to withdraw from the finance by repaying the amount borrowed it doesn't cancel the associated purchase)

mediacomplaints

No finance documents signed for or released, spoke to compliance at TSB who then pointed me to Black Horse who then stated they do the deals for shogun so your beef is not with us gov!


They stated all paperwork for this mess rests with the dealer and very interestingly they stated all this is done electronically with no signatures required is that correct?


We knew about the 14 day thing but we were waiting to see the terms and conditions if we did not like it we could have paid by cash or visa but it seems we never even got the choice and besides consumer forums are always advising on purchasing cars on car-finance?

Nearlyold

mediacomplaints wrote: »

No finance documents signed for or released, spoke to compliance at TSB who then pointed me to Black Horse who then stated they do the deals for shogun so your beef is not with us gov!

That probably explains how your finance ended up branded Shogun rather than Black Horse

mediacomplaints wrote: »

They stated all paperwork for this mess rests with the dealer and very interestingly they stated all this is done electronically with no signatures required is that correct?

Yes it can be done all electronically with no signature sent to the finance company for payout though there are usually still the finance docs to sign either on paper or on a tablet device and you should end up with a copy.

mediacomplaints

Nearlyold wrote: »

Yes it can be done all electronically with no signature sent to the finance company for payout though there are usually still the finance docs to sign either on paper or on a tablet device and you should end up with a copy.

OK so thats the part they missed out, can she ask for her first repayment to be paid back to her as she was not notified of the charge and when it was to be applied (date)?

Nearlyold

You can ask but they will still want it paid at some point

mediacomplaints

Update; the dealer was at fault as they never explained it was all down electronically and we only got the papwerwork by email 6 weeks later, the deal was good but we were left totally in the dark, so drama over as such thanks guys!