HP Contract dispute with VW

hilly2020

Hi, 

A bit of back story on this situation.
4 years ago I was offered an amazing deal from VW, after I signed for the car, the day I was meant to pick up the car, I had a phone call telling me they couldn't honour the agreement.
I then kicked up a fuss which they then said they would honour the deal,  the second time I went into the dealership to sign, I noticed it was for the same car but a different spec. They tried to fob me off and say i wouldn't notice the difference between a 60bhp and 75bhp which I declined as that's not what they originally offered me.

After about 3 months of back and forth with the dealership and going on social media etc they called me and finally offered me the original deal. I signed for the car and drove it away.

Come the end of the deal, I have looked into the original paper work and discovered that the car I drove away from the showroom  has no finance on it and the agreement is for another car that I have never owned.

So my question is, Do VW have any lien on the car, as according to the finance agreement there is still just over 6k owed?

AdrianC

Can we just clarify, please...?

Are you saying "Can I walk away with this car and they can go swivel if they think they're getting it back?"?

hilly2020

AdrianC said:

Can we just clarify, please...?

Are you saying "Can I walk away with this car and they can go swivel if they think they're getting it back?"?

In a nut shell, yea?! lol

The_Rainmaker

You'll be getting used to court by the time this case gets there.

https://forums.moneysavingexpert.com/discussion/6162428/private-parking-ticket-gone-to-court-help-needed

DrEskimo

The finance company are expecting £6k or a car back, and it's your responsibility as your name is on the contract.

Now what would be interesting is if you try to return your current vehicle and they find it doesn't match what the paperwork says. I suspect it would just be a case of clearing up the obvious error.

Either way, I highly doubt you can get the dealership to either hand the finance company the car that is listed on the paperwork (whoever has it...) or pay the £6k outstanding on your behalf.....

Scrapit

Hire purchase? Then why you handing it back?

AdrianC

hilly2020 said:

AdrianC said:

Can we just clarify, please...?

Are you saying "Can I walk away with this car and they can go swivel if they think they're getting it back?"?

In a nut shell, yea?! lol

There's two ways to answer.

One is legal. There may, just perhaps, be a very slender hope of some kind of loophole, but it's very unlikely.
The other is moral.

hilly2020

Thanks for everyones feedback, 
I still can't see how VW can come after me for a car I don't own? I know I signed a HP plan but if I physically don't own the car that the contract is for how can they chase me for the car/money that's never been in my possession?

k3lvc

hilly2020 said:

Thanks for everyones feedback, 
I still can't see how VW can come after me for a car I don't own? I know I signed a HP plan but if I physically don't own the car that the contract is for how can they chase me for the car/money that's never been in my possession?

In which case try it and see how long the car remains in your possession 

DrEskimo

hilly2020 said:

Thanks for everyones feedback, 
I still can't see how VW can come after me for a car I don't own? I know I signed a HP plan but if I physically don't own the car that the contract is for how can they chase me for the car/money that's never been in my possession?

It's a fairly obvious error that would on the face of it be easy to rectify.

The VW dealer that sold you the car and VWFS who provided the finance agreement are not the same. If you don't hand back the car or make the £6k payment that VWFS expect, then someone has to. In this case, you are expecting the VW dealer to do this for you in response to what is a relatively minor clerical error, that they can possibly rectify with VWFS.

Give it a go if you want, but I wouldn't hold my breath....

Mercdriver

Also since you are doing so knowingly, this could end up involving the police, since it could be argued that you were intending to permanently deprive the rightful owner of their goods.