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HP loan started but not a received car, what are my rights?
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Worriedworrier
Posts: 7 Forumite

in Loans
I purchased a car from a nationwide online car supermarket. The day of delivery was 22nd but on 19th I was told the car had some cosmetic damage and unfortunately would need to go to the main delearship for repair. Fine.
However I was contacted by the finance company stating that the finance agreement takes effect from 20th! I’m without the car and whilst they have offered a hire car there third party supplier is having issues sourcing a car and should be finally getting one on Tuesday.
They don’t know when my actual car will be ready. And say they will compensate me, they can’t say how much.
I’m just really concerned about them starting the finance agreement before receipt of the car and especially given that they knew I wouldn’t have it on 20th as my delivery date was 22nd.
Has this happened to anyone and what are my rights?
I’ve spoken to the finance company and they’ve just opened a dispute which will take up to 56 days to resolve. My first payment is due on 20th September and I will hopefully have the car by then. However I want to take this further, at a minimum I would like them to pay my finance payment for everyday that I don’t have the car (but am liable for payments).
Is there any other action I should be taking?
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Tldr/ finance company starts agreement on 20th aug but car was due be delivered 22nd and has been delayed. What are my rights and what should I ask for in compensation?0
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Whether you start paying the finance now or in a months time when you take delivery (for example) you will still be paying the same amount in the same timescale overall. It’s not costing you any extra so why would they be refunding you anything?All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.1 -
A goodwill gesture of say £100-£200 as a sorry for the delay kind of thing, would likely be appropriate.
Would you rather have had a damaged car, which you would then have to have returned for repair ?I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter0 -
The Hire Purchase agreement is a Tri-partite agreement and is in effect a loan supplied to you in good faith. Your finance company have effectively purchased the car on your behalf. Therefore, with this in mind, your entire complaint should actually be with the supplier and not the lender (who incidentally actually legally own your car).
I would imagine that if the car has been accidentally scuffed after the finance has been paid out, the car dealership is obviously obliged to correct this and would not want to inconvenience you anymore than necessary but would prefer to hand over your car in the condition under which it was sold as opposed to being damaged - you’d only want it to be returned and repaired anyway.
In summary, I think no more than a token gesture of goodwill from the supplying dealer would be appropriate here.
N/B - most finance companies will allow a 1st payment date change and push back, so you may find you could move your 1st payment to beginning of October for no additional charge.If you believe you can, you will. If you believe you can't, you won't.
Secured/Unsecured loans x 1
Credit Cards x 8 (total limit £55,050)
Creation FS Retail Account x 1
Creation Credit Sale 0% x 1 = £112.50pm x 20 mths
0% Overdraft x 1 (£0 / £250)
Mortgage Outstanding - £137,707.00 (Payment 13/360)
Total Debt = £7,400 (0%APR) @ £100pm - Stoozing0
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