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Car Finance using a partners drivers licence when holding a provisional

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  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    I don't understand why everyone is being unhelpful even though they do know why you shouldn't be doing this in the way suggested by the salesman.

    Did they get consent from your partner before doing a credit check on her? If so they have broken many rules, and perhaps also the law. They have no right to credit check anyone without their authorisation, and it could affect your partner's ability to get credit elsewhere.

    This is the finance version of fronting, and while not specifically illegal, it could lead to accusations, perhaps criminal ones of fraud. The finance company would be agreeing to give finance to your partner and not you, and should you and your partner split up, and she cancels the direct debit instruction, they have no way of enforcing the agreement against the person actually using the car that is subject to it.

    50 miles isn't actually that far away. Limiting yourself to that dealer is going to limit your ability to get a good deal in the first place. You need to look at more than one place.

    Finally, just wait until you pass, and see where you are then. Look around for the best deal, and only have credit checks done when you have decided what you are getting. Credit reports do not give the result of previous checks and this can really damage the score you will need to get credit at a reasonable rate.
  • Mercdriver
    Mercdriver Posts: 3,898 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper
    tonyh66 wrote: »
    This is wrong in so many ways im not even going to explain why.

    What is the point of you posting then?
  • facade
    facade Posts: 7,585 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Is the partner simply acting as a guarantor for the OPs finance, which he can't pass a credit check on somehow?
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science ;))
  • Mercdriver wrote: »
    I don't understand why everyone is being unhelpful even though they do know why you shouldn't be doing this in the way suggested by the salesman.

    Did they get consent from your partner before doing a credit check on her? If so they have broken many rules, and perhaps also the law. They have no right to credit check anyone without their authorisation, and it could affect your partner's ability to get credit elsewhere.

    This is the finance version of fronting, and while not specifically illegal, it could lead to accusations, perhaps criminal ones of fraud. The finance company would be agreeing to give finance to your partner and not you, and should you and your partner split up, and she cancels the direct debit instruction, they have no way of enforcing the agreement against the person actually using the car that is subject to it.

    50 miles isn't actually that far away. Limiting yourself to that dealer is going to limit your ability to get a good deal in the first place. You need to look at more than one place.

    Finally, just wait until you pass, and see where you are then. Look around for the best deal, and only have credit checks done when you have decided what you are getting. Credit reports do not give the result of previous checks and this can really damage the score you will need to get credit at a reasonable rate.

    Thanks for the detailed responce.

    As far as we are aware no credit check has been done on my partner, it's just been done on me. I'm guessing when the salesman originally put in for the finance he never mentioned me being a provisional driver because I was accepted at first.. he then rung back a couple of hours later and said there declining me for being a provisional driver.. I figured that doing it this way was going to cause problems like I say I'm going to wait until I pick it up and then look through the agreement thoroughly before committing to anything, another point to add is that the salesman has asked for her bank details just when i pick up the car.. that wouldn't give them any time to use them in a credit check or anything which surely if she was down as a gauruntor or anything they would need before approving? The whole situations confusing as hell
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    You clearly didn't read the full thing.. I never once said do it in her name..
    it's also a good idea to read the full thing before commenting.. thanks bud
    Well, quite.
    AdrianC wrote:
    Seriously?

    You are trying to finance a car.
    You have, presumably, told them that you will be the main user of this car.
    They have said "no", because you do not have a driving licence.
    So you have said "Oh, OK, then let's do it in my OH's name."

    Now you're wondering why they want to know whether your OH can afford this car that she's going to be driving...?

    Let me be clearer: You giving her licence over was you saying to the salesman "Yep, let's try in her name."

    Mercdriver wrote: »
    Did they get consent from your partner before doing a credit check on her? If so they have broken many rules, and perhaps also the law. They have no right to credit check anyone without their authorisation, and it could affect your partner's ability to get credit elsewhere.
    Are you suggesting that the OP used their partner's driving licence without her permission?
  • AdrianC wrote: »
    Well, quite.


    Let me be clearer: You giving her licence over was you saying to the salesman "Yep, let's try in her name."


    Are you suggesting that the OP used their partner's driving licence without her permission?

    No my the salesman made it clear that there is a way for me to be approved and said basically they will use my partners driving licence and explained that she won't be on the policy it will still be in my name.. my partner and I agreed to this because we didn't realise at the time that he was later on going to ask for her bank details..

    On another note I've been in touch with the garage this morning and the salesman has assured me once again that the agreement is in my name and my partner's name is nowhere on it.. he explained that when we go for the car he will sit down with her and go through the agreement with her and sent her bank details over while she's there looking at the computer and what not.. he basically said that the finance company would not usually approve finance on a provisional licence and that it's a 1 in a million thing that they are approving me.. he says that they only need her bank details for data protection and so on and to prove that she is who she says she is and what not the company is called blue motor finance and seem a reputable company.. I'm just going to wait until I collect the car and make sure that the everything is in my name.. I will respond again and let everyone know the outcome thanks for all your help so far
  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If the agreement is in your name and your partner not even named, why does the salesman need to go through the agreement with her and need her bank details?

    Believe it or not, salesmen will tell you anything to get a sale.....including the '1 in a million' line.
  • BoGoF
    BoGoF Posts: 7,098 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Do you even know what APR you will be paying?
  • macman
    macman Posts: 53,129 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So they need the bank details of someone who is not a signatory to the contract just 'for data protection'? Can you not see the flaw in that little spiel?
    The contract will be in your partner's name, and, if she signs it, it will be binding on her. Not you.
    No free lunch, and no free laptop ;)
  • jimjames
    jimjames Posts: 18,649 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    No my the salesman made it clear that there is a way for me to be approved and said basically they will use my partners driving licence and explained that she won't be on the policy it will still be in my name.. my partner and I agreed to this because we didn't realise at the time that he was later on going to ask for her bank details..

    There is no policy, it's a finance agreement so it would help if you refer to it correctly to avoid confusion.

    If you are rejected for finance then she is either guarantor or the main person. Either way it will be her responsibility to pay.

    Why would the dealer need to go through the agreement with her when it's supposedly nothing to do with her?
    Remember the saying: if it looks too good to be true it almost certainly is.
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