Missold car finance, lying and bullying by car dealership

Ehi

Hello 
I saw mass advertizing of a car on youtube and adverts sent to my phone. So (having never owned a brand new car) I went to a car dealership and asked for the car. 

Despite the mass advertizing. I was told it was lead time was 13months and I should not fall victim to scam dealerships and the MD printed out the official TIME SHEET for me with their letterhead and weeks later gave me a test drive car, which I loved and asked to order.

He said I cant order due to backlog and can only pre-order. Which I then did.

1. I went to a dealership, with a 3rd party finance agreement I got online to get a brand new car
2. I was told ( by the dealership) and all other 5 dealerships I went to locally, there is no brand new car, due to backlog of covid and war in ukraine
3. I was advised by the shortlisted dealership to place an pre-order ( which I did) and got a confirmation email and printed out pre-order receipt ( with my new vehicle spec)
4. I was told, they could offer me cheaper finance, but first and foremost, I need to pick a 2nd hand car in their forecourt ( and assured me, its a preliminary check that wont affect my credit history as no hard search would be done, until I was offered finance) which I said go ahead
5. I was emailed later on, that I had been accepted and if I wanted the 2nd hand car, I need to come down and they would waive my pre-order payment (for the brand new car) if I took the 2nd hand car
6. I emailed back, saying I did not like the 2nd hand car, as it was a small hatch and asked if they had a family car and specified my preference ( I repeat in the email) Kindly note, this was for the 2nd hand replacement car
7. The rep emailed me back and said, no. (We dont have your preferred 2nd hand car) but note, its a TEMPORARY AGREEMENT, and soon, you will have your brand new car and remember, we are offering you, much cheaper finance and a global family of perks
8. I said great. I will take it, on the condition it carries forward to the new car, when it arrives. The dealership further promised me, I am covered for warranty and any surprises, until I get my brand new car (Again all in the email exchange)
9. Seven Months down the line, they asked me to bring the car in for a service and pay and admitted to mistakes, (Both the dealership and HQ admitted mistakes) they waived half of the service charge and it was at that point, I was told, I never pre-ordered a brand new car as I only came in to inquire about a 2nd hand car, nothing more and the MD to this day, ( Who was patient and extremely friendly initially) has refused to speak to me. I showed them the printed letter head of the brand new car and they denied it and said, I went independently and printed that out own my own. Every email, letterhead etc with their corporate name was either denied or ignored
10. Despite surmounting evidence, they said they do not know what I am talking about. As I went online to pre-order a car and spec it. Iroonically the pre-order form, has their name on the letterheaded paper and print out date.
11. I was refused a right to complain and their HQ simply just denied it all and agreed with the local dealership saying I dont know what I was talking about

The HQ refused to let me complain futher, ignored my emails and multiple phone calls. Refuted my complain with contradictions and then refused to talk to me. Now the Financial Ombudsman has accepted my case and I am drafting my complaint which basically has 

1. INTRODUCTION
2. Step by step chronology ( 21 in total) 
3. Checks based on the law e.g. ( did they explain terms, acceptance etc as I am using this steps https://claimformycar.com/mis-sold-car-finance-signs )

Is there any other thing I would be missing ? Please advise as I want to submit to the FOS this week

many thanks
E

born_again

Ehi said:

Hello 
I saw mass advertizing of a car on youtube and adverts sent to my phone. So (having never owned a brand new car) I went to a car dealership and asked for the car. 

Despite the mass advertizing. I was told it was lead time was 13months and I should not fall victim to scam dealerships and the MD printed out the official TIME SHEET for me with their letterhead and weeks later gave me a test drive car, which I loved and asked to order.

He said I cant order due to backlog and can only pre-order. Which I then did.

1. I went to a dealership, with a 3rd party finance agreement I got online to get a brand new car
2. I was told ( by the dealership) and all other 5 dealerships I went to locally, there is no brand new car, due to backlog of covid and war in ukraine
3. I was advised by the shortlisted dealership to place an pre-order ( which I did) and got a confirmation email and printed out pre-order receipt ( with my new vehicle spec)
4. I was told, they could offer me cheaper finance, but first and foremost, I need to pick a 2nd hand car in their forecourt ( and assured me, its a preliminary check that wont affect my credit history as no hard search would be done, until I was offered finance) which I said go ahead
5. I was emailed later on, that I had been accepted and if I wanted the 2nd hand car, I need to come down and they would waive my pre-order payment (for the brand new car) if I took the 2nd hand car
6. I emailed back, saying I did not like the 2nd hand car, as it was a small hatch and asked if they had a family car and specified my preference ( I repeat in the email) Kindly note, this was for the 2nd hand replacement car
7. The rep emailed me back and said, no. (We dont have your preferred 2nd hand car) but note, its a TEMPORARY AGREEMENT, and soon, you will have your brand new car and remember, we are offering you, much cheaper finance and a global family of perks
8. I said great. I will take it, on the condition it carries forward to the new car, when it arrives. The dealership further promised me, I am covered for warranty and any surprises, until I get my brand new car (Again all in the email exchange)
9. Seven Months down the line, they asked me to bring the car in for a service and pay and admitted to mistakes, (Both the dealership and HQ admitted mistakes) they waived half of the service charge and it was at that point, I was told, I never pre-ordered a brand new car as I only came in to inquire about a 2nd hand car, nothing more and the MD to this day, ( Who was patient and extremely friendly initially) has refused to speak to me. I showed them the printed letter head of the brand new car and they denied it and said, I went independently and printed that out own my own. Every email, letterhead etc with their corporate name was either denied or ignored
10. Despite surmounting evidence, they said they do not know what I am talking about. As I went online to pre-order a car and spec it. Iroonically the pre-order form, has their name on the letterheaded paper and print out date.
11. I was refused a right to complain and their HQ simply just denied it all and agreed with the local dealership saying I dont know what I was talking about

The HQ refused to let me complain futher, ignored my emails and multiple phone calls. Refuted my complain with contradictions and then refused to talk to me. Now the Financial Ombudsman has accepted my case and I am drafting my complaint which basically has 

1. INTRODUCTION
2. Step by step chronology ( 21 in total) 
3. Checks based on the law e.g. ( did they explain terms, acceptance etc as I am using this steps https://claimformycar.com/mis-sold-car-finance-signs )

Is there any other thing I would be missing ? Please advise as I want to submit to the FOS this week

many thanks
E

So just who is this company & which car?

mybestattempt

born_again said:

Ehi said:

Hello 
I saw mass advertizing of a car on youtube and adverts sent to my phone. So (having never owned a brand new car) I went to a car dealership and asked for the car. 

Despite the mass advertizing. I was told it was lead time was 13months and I should not fall victim to scam dealerships and the MD printed out the official TIME SHEET for me with their letterhead and weeks later gave me a test drive car, which I loved and asked to order.

He said I cant order due to backlog and can only pre-order. Which I then did.

1. I went to a dealership, with a 3rd party finance agreement I got online to get a brand new car
2. I was told ( by the dealership) and all other 5 dealerships I went to locally, there is no brand new car, due to backlog of covid and war in ukraine
3. I was advised by the shortlisted dealership to place an pre-order ( which I did) and got a confirmation email and printed out pre-order receipt ( with my new vehicle spec)
4. I was told, they could offer me cheaper finance, but first and foremost, I need to pick a 2nd hand car in their forecourt ( and assured me, its a preliminary check that wont affect my credit history as no hard search would be done, until I was offered finance) which I said go ahead
5. I was emailed later on, that I had been accepted and if I wanted the 2nd hand car, I need to come down and they would waive my pre-order payment (for the brand new car) if I took the 2nd hand car
6. I emailed back, saying I did not like the 2nd hand car, as it was a small hatch and asked if they had a family car and specified my preference ( I repeat in the email) Kindly note, this was for the 2nd hand replacement car
7. The rep emailed me back and said, no. (We dont have your preferred 2nd hand car) but note, its a TEMPORARY AGREEMENT, and soon, you will have your brand new car and remember, we are offering you, much cheaper finance and a global family of perks
8. I said great. I will take it, on the condition it carries forward to the new car, when it arrives. The dealership further promised me, I am covered for warranty and any surprises, until I get my brand new car (Again all in the email exchange)
9. Seven Months down the line, they asked me to bring the car in for a service and pay and admitted to mistakes, (Both the dealership and HQ admitted mistakes) they waived half of the service charge and it was at that point, I was told, I never pre-ordered a brand new car as I only came in to inquire about a 2nd hand car, nothing more and the MD to this day, ( Who was patient and extremely friendly initially) has refused to speak to me. I showed them the printed letter head of the brand new car and they denied it and said, I went independently and printed that out own my own. Every email, letterhead etc with their corporate name was either denied or ignored
10. Despite surmounting evidence, they said they do not know what I am talking about. As I went online to pre-order a car and spec it. Iroonically the pre-order form, has their name on the letterheaded paper and print out date.
11. I was refused a right to complain and their HQ simply just denied it all and agreed with the local dealership saying I dont know what I was talking about

The HQ refused to let me complain futher, ignored my emails and multiple phone calls. Refuted my complain with contradictions and then refused to talk to me. Now the Financial Ombudsman has accepted my case and I am drafting my complaint which basically has 

1. INTRODUCTION
2. Step by step chronology ( 21 in total) 
3. Checks based on the law e.g. ( did they explain terms, acceptance etc as I am using this steps https://claimformycar.com/mis-sold-car-finance-signs )

Is there any other thing I would be missing ? Please advise as I want to submit to the FOS this week

many thanks
E

So just who is this company & which car?

My understanding from what you have said is:

You pre-ordered car A from a dealer and paid an amount for which you have a receipt.

Afterwards the dealer offered to sell you car B and did a soft search to establish you could get a finance agreement to buy car B. 

The dealer said the pre-order fee for car A would be waived if you bought car B. 

Although car B wasn't really to your taste you went ahead with the purchase of car B and the finance agreement.

You thought the pre-order for car A was still in place and when it became available the dealer would take car B in part exchange for
car A.

Seven months later you took car B for a service. At this point you discovered there was no pre-order for car A.

Since then the dealer and their head office have denied there was ever a pre-order for car A.

Is the basis of your complaint that you were pressurised/coerced into taking out a finance agreement for car B?

What outcome are you seeking?

Olinda99

also just to add if you have a finance agreement in place you have strong rights and rather than continue your argument with the garage you should go to the finance company and explain that you were coerced into taking out the agreement

previous post it would be helpful to yourself if you were crystal clear on what resolution you wanted

mybestattempt

Olinda99 said:

also just to add if you have a finance agreement in place you have strong rights and rather than continue your argument with the garage you should go to the finance company and explain that you were coerced into taking out the agreement

previous post it would be helpful to yourself if you were crystal clear on what resolution you wanted

Just my thoughts, but I think the OP may have difficulty linking the car A pre-order issue with a claim that he was miss-sold finance for car B.

It seems he was content with car B and the finance agreement until there were issues over payment for a service of car B seven months later at which time he was told there was no pre-order in place for
car A.

That said, it may be worthwhile seeking a response from the lender to the complaint.

sheramber

I need to come down and they would waive my pre-order payment (for the brand new car) if I took the 2nd hand car

Did you make any pre order payment?

If so, has it been refunded?

eskbanker

Ehi said:

Now the Financial Ombudsman has accepted my case and I am drafting my complaint which basically has 

1. INTRODUCTION
2. Step by step chronology ( 21 in total) 
3. Checks based on the law e.g. ( did they explain terms, acceptance etc as I am using this steps https://claimformycar.com/mis-sold-car-finance-signs )

Is there any other thing I would be missing ? Please advise as I want to submit to the FOS this week

The principle of FOS is that they'll deal with a complaint that's already been through the financial institution's complaints process, so you simply forward them the same information that you sent to the financial institution, plus anything arising from that, i.e. you're not starting again from scratch with new information but are escalating an existing complaint, so anything you send to FOS should already have been seen by the lender.

Hoenir

He said I cant order due to backlog and can only pre-order. Which I then did.

What were the terms of the pre-order ?  Did this have to confirmed into an actual order at some point, i.e. complete specification determined and reservation deposit paid. 

Ehi

born_again said:

So just who is this company & which car?

At this point, I rather not say. I just need advice on complaint to the Financial Ombudsman or resorting to the courts

.

mybestattempt said:

My understanding from what you have said is: ***REMOVED TEXT ***What outcome are you seeking?

Yes, But I was promised there would be no service for the duration and then they later called saying they made a number of mistakes and I should bring it for a service. I refused to pay the service charge, insisting it be waived, but since it was part of the quote, they refused to refund it. Then I asked about my new car and they said, none was ordered.

Yes I have the receipt of the pre-order with the company name, date and my name and address on it. I also have a number of email exchanges to this regard.

OUTCOME: A full refund and an apology for misleading me.

Olinda99 said:

also just to add if you have a finance agreement in place you have strong rights and rather than continue your argument with the garage you should go to the finance company and explain that you were coerced into taking out the agreement

previous post it would be helpful to yourself if you were crystal clear on what resolution you wanted

Yes thats what my cousin (who is a solicitor and his friend both said) and I was advised to post on here and seek more advice. The finance company ignored me, they initially said, there is no evidence and when I sent them the pre-order and numerous emails, they have refused to respond to me to this day, hence the FO, agreed to take the case on tuesday past

I like to think these answers clarify other's comments ?

Grumpy_chap

Ehi said:

OUTCOME: A full refund and an apology for misleading me.

However you feel, a full refund is highly unlikely.  Ultimately, you have had the use of a car for seven months and covered miles in that car and had the service on that car carried out by the dealer.  The nearest a "full refund" would get would be after some deduction for the value of the beneficial use you have received to date.

From a practical perspective, the brand new car that you want to have is on a long lead time, so if you were to receive a "full refund" you also return the car you have currently at the same time.  That leaves you with no car to use and no car on order.  Will you end up making another interim purchase that is not what you want again?

As an offset to the "full refund", you can sell the car you have purchased (and settle the finance) at any time.  How would the amount you could simply sell the car for compare with return for a "full refund" (after the deduction for use)?

Ehi

Grumpy_chap said:

Ehi said:

OUTCOME: A full refund and an apology for misleading me.

However you feel, a full refund is highly unlikely.  Ultimately, you have had the use of a car for seven months and covered miles in that car and had the service on that car carried out by the dealer.  The nearest a "full refund" would get would be after some deduction for the value of the beneficial use you have received to date.

From a practical perspective, the brand new car that you want to have is on a long lead time, so if you were to receive a "full refund" you also return the car you have currently at the same time.  That leaves you with no car to use and no car on order.  Will you end up making another interim purchase that is not what you want again?

As an offset to the "full refund", you can sell the car you have purchased (and settle the finance) at any time.  How would the amount you could simply sell the car for compare with return for a "full refund" (after the deduction for use)?

Yes I do agree with you and what you suggest makes common sense...

...but, if it was the other way around and I was at the receiving end of the stick. These companies would have ruthlessly dealt with me. Imagine. I missed a direct debit payment. It would have been on my record for 6 years and not just I won't be able to get decent credit. Every provider would up their charges 

Most importantly,  this case. Is a case of blatant deception and using a corporate name to bully me. So they too should bear the brunt. After seeking advice. I am told I could get full compensation,  so hopefully that's my goal

If it's the case legally. Then I won't loose sleep