Car PCP - Lead balloon payment

Jumblebumble

Catholic666 said:

[DELETED USER] said:

The fact that they have the car and you paid them to take it off you puts you in a good position. Write to them telling them that they have 28 days to settle the finance or send you the equivalent amount of money or you will consider legal action. Inform the finance company that you are pursuing them for the outstanding amount and to please wait while you deal with them.

Thanks. That seems like the best way forward.

I would be contacting the CEO of VW in Germany with a polite email asking if they are aware that their appointed agents are defrauding VW customers in this fashion, attaching all your evidence.
The finance people will not be interested in what another company are doing and under GDPR may have no way of finding out.

The_Rainmaker

I'm not convinced this "accident" issue has played out yet.  Although the OP thinks a bent track rod end is wear and tear, I would argue that there could have been more substantial damage from the buckled wheel incident.  ranging from damaged half shafts to knackered gear boxes.

OP needs to get to the bottom of what damage the garage are claiming was done.

born_again

Catholic666 said:

born_again said:

Do a HPI on the car and see what comes back....
As to the accident. Could it be that a staff member used car when you returned it and had one?

A HPI would be clear as there has never been an insurance claim. I'm the only person who's insured the car. The garage could have damaged it.
Thanks

The whole point of doing a HPI is to prove your case.

Typhoon2000

Sounds like the car was found to be damaged and is damaged, rather than repaired and on the HPI register. Not damaged enough not to pass an MOT, but damaged enough not be able to be sold on.

Catholic666

Jumblebumble said:

Catholic666 said:

[DELETED USER] said:

The fact that they have the car and you paid them to take it off you puts you in a good position. Write to them telling them that they have 28 days to settle the finance or send you the equivalent amount of money or you will consider legal action. Inform the finance company that you are pursuing them for the outstanding amount and to please wait while you deal with them.

Thanks. That seems like the best way forward.

I would be contacting the CEO of VW in Germany with a polite email asking if they are aware that their appointed agents are defrauding VW customers in this fashion, attaching all your evidence.
The finance people will not be interested in what another company are doing and under GDPR may have no way of finding out.

Thanks very much. I think I may combine your advice with that given by [DELETED USER]. I could do both simultaneously unless you think this is unwise.
Regards

Catholic666

The_Rainmaker said:

I'm not convinced this "accident" issue has played out yet.  Although the OP thinks a bent track rod end is wear and tear, I would argue that there could have been more substantial damage from the buckled wheel incident.  ranging from damaged half shafts to knackered gear boxes.

OP needs to get to the bottom of what damage the garage are claiming was done.

Perhaps The Rainmaker could reread my post. I would like to avoid discrepancies. I did not say the track rod end was bent. Nor did I say the wheel was buckled, quite the opposite. The track rod end was replaced for the MOT which was nearly a year later. If half-shafts or the gearbox were damaged I'm sure there would have been some symptoms. There were no noticeable symptoms.
The garage spent considerable time checking the vehicle with full service facilities and great expertise at their disposal. The car was sold as seen in good faith from a private seller. I offered no guarantees.
The garage had ample opportunity to find "damage". They said they'd pay the finance off. They could have damaged it after I sold it to them.
Thanks

Catholic666

Typhoon2000 said:

Sounds like the car was found to be damaged and is damaged, rather than repaired and on the HPI register. Not damaged enough not to pass an MOT, but damaged enough not be able to be sold on.

I agree that it's possible the car is not as good as they thought in some way, as with any vehicle they buy or sell. However, they conducted a thorough inspection. I did not lie or mislead the dealer in any way. Is this my concern after documents and money change hands?

The_Rainmaker

Catholic666 said:The car was sold as seen in good faith from a private seller. I offered no guarantees.

The garage had ample opportunity to find "damage". They said they'd pay the finance off. They could have damaged it after I sold it to them.

Ah ok.  Although I read your opening post I was slightly confused re the sale.  I've got it now.

Sounds like a real nightmare.

Cornucopia

Catholic666 said:

DoaM said:

Catholic666 said:

AdrianC said:

Catholic666 said:

I bought a new VW from Lookers in Oct 2015 on a 4 year pcp. On 21st Nov 2019 I sold the car back to the dealer to avoid the balloon payment which would have been due 30th Nov 2019.

I'm baffled. Why on earth didn't you simply hand it back at the end of the PCP?

They suggested me bringing the car back to them directly as a remedy. I restated that I'd already sold the car to their agent. They stressed that Lookers had nothing to do with them. I said that as Lookers was the VW dealer who'd sold me the VW car & their VW finance deal I considered them the same entity.

You can consider them the Pope, if you wish. It doesn't make it so.

I thought that was what I'd done. Returned it to the supplying dealer at the end of the PCP.
Thanks

It was your use of the term sold that may be confusing things.

You can't just "bring the car back" as it needs to go to the finance company (not the local dealer.) This is not made clear or it wasn't made clear to me. The balloon payment is the responsibility of the customer unless they return the car in immaculate condition to the finance company. 

Just on the basis that this might help other people in a similar situation...

I've been through the process of returning a PCP vehicle to the Finance Company, and it is easy.  It certainly shouldn't be considered as something so difficult that it dissuades someone from using 2 of the 5 disposal options that generally apply to PCP contracts.    The finance companies employ contractors who come to your home or office, inspect the vehicle and take it away.  The only practical issue is whether that leaves you without a vehicle temporarily or not (in my case, not, as I already had the new one).

You don't NEED to return the car in immaculate condition.  Ideally you would, but it can be returned subject to condition standards (usually based on BVRLA fair wear and tear policy).   In my case, the cost of a scuffed alloy was less than quotes I'd obtained from local traders to refurbish it.     The assessor even told me the useful information that for a car of its age, a small scuff would have been permitted.