HP Contract dispute with VW

born_again

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?

So you signed paperwork for a car you do not own... So they will want that one, or the value of it. 
It could be construed as fraud, if they think you have sold the car, failed and failed to inform them....
I get your point, but you are missing the flip side of what you actually signed for and are liable for.

facade

What about the vehicle that you do have, that you haven't paid a penny towards?  Is it in someone else's name, and they have been paying the finance on it, or is it recorded as stolen from VW? Either way, someone will likely want their car back soon......

[Deleted User]

Seems like the smart thing to do would be pay the 6k and sell it privately. Presumably it's worth more than 6k because it's a better car than the one you were paying for. You could make a decent return on it.

Scrapit

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?

If you dont own it they can come for it. If you do own it they cant come for it. I suspect you mean have. After all if the paper work was correct and the car was correct they would be coming for it and you would still not own it.

hilly2020

So the car i'm driving which I have a V5 for in my name has 0 finance attached to it.
The finance agreement that i'm paying for is for a completely different car.

This is where it's not just a clerical error on their behalf.........

When I went into VW 4 year ago I was offered a white polo 75bhp for £200 a month. I signed for it and had to wait a week until the car was ready. The day I was meant to collect the car they called me and said they couldn't offer me the deal as they made a mistake on the numbers. I kicked up a fuss and they finally agreed to give me the car they originally offered.
I went back the second time only to find out they were trying to get me to sign for the exact same car but instead of it being 75bhp it was 60bhp - they told me at the time I wouldn't notice the difference but I refused to sign it because again it wasn't the car they originally offered me.

About 3 weeks later after going on twitter the dealership called me back and honoured the deal. I signed for the car not taking any notice of the number plate as it wasn't in my possession yet. Only until the other day I went back into the same dealership they told me my car i'm driving is under some lady's name. (She paid for the car in cash) and my car with the finance attached to, she owns. 
I went home checked my finance documents and low and behold my finance agreement has a different number plate and VIN number attached to it.

So VW have debility gave this lady my 60bhp Polo when she paid for a 75bhp in cash and I have finance on a 60bhp when i'm driving her 75bhp.

I obviously have a slightly better car then what i'm paying for but the point is, VW have defrauded this lady and made me sign a legal document saying if any findings in this document is false I can be liable for a fine or imprisonment, so I think VW have committed fraud here knowingly.

Ive been told by other dealerships I can sell the car and they wouldn't have a leg to stand on but i'm not entirely sure on the legality of it all.

Anyway I have called VW and told them and I'm just waiting on their response.

Mercdriver

You are aware of the error, so you would be in trouble if you sold the car.  Don't take the sales guys word for it that they wouldn't have a leg to stand on.  

AdrianC

Look, it's very simple.

You have been driving <points> that car for the last however long, and paying finance for <points> that contract.
If you didn't think they were related, why were you paying?

You cannot have both sides.

Whether they did or didn't make a mistake with somebody else's car is irrelevant to your deal. They would be breaking data protection law to even tell you anything about that.

facade

hilly2020 said:

I obviously have a slightly better car then what i'm paying for but the point is, VW have defrauded this lady and made me sign a legal document saying if any findings in this document is false I can be liable for a fine or imprisonment, so I think VW have committed fraud here knowingly.

It is your signature. You have someone else's car. It is you who agreed that you will be will be locked in an iron coffin with spikes on the inside, most certainly if if you try and sell it, not VW.

You could have mentioned this small fact in post #1, as it affects the answer, which seems to be VW have no interest in the car as it belongs to the lady who paid for it.

It would seem more than reasonable for VW to assist in sorting it out, but it does seem odd that there are two people who don't even check the paperwork to their cars matches the car they have.

hilly2020

facade said:

It would seem more than reasonable for VW to assist in sorting it out, but it does seem odd that there are two people who don't even check the paperwork to their cars matches the car they have.

Why would I suspect VW of doing something underhand?
At the time I signed for the paperwork I didn't know my number plate, the paper work indicated the make, model and colour of the car I was purchasing. (which was correct)
As far as I was aware, I am paying for the car I am driving. 

I appreciate everyones replies but is there anyone with any legal knowledge who can assist?

neilmcl

hilly2020 said:

facade said:

It would seem more than reasonable for VW to assist in sorting it out, but it does seem odd that there are two people who don't even check the paperwork to their cars matches the car they have.

Why would I suspect VW of doing something underhand?
At the time I signed for the paperwork I didn't know my number plate, the paper work indicated the make, model and colour of the car I was purchasing. (which was correct)
As far as I was aware, I am paying for the car I am driving. 

I appreciate everyones replies but is there anyone with any legal knowledge who can assist?

I suggest you seek out a solicitor if you want legal advice.