Motorpoint & haggling??

Hintza

muchty wrote: »

Yes, but who owned my part exchange car at that point ?

Irrelevant, unless you had an agreement (in writing) that Motorpoint were going to pay off the balance due. The car in effect was not yours to sell whilst any finance was outstanding.

Motorpoint I imagine have cleared the finance and are now recouping this from you which without an agreement you are liable for.

muchty

I have the agreement (in writing).

redux

muchty wrote: »

- but I was assumed to pay the last installment of my finance on the old car which was a standing order on the *28th* of each month.

... I assumed that, as now they had possession of my old car and it's paperwork, I could then cancel my standing order with my bank.

Driving my new Astra back home, I cancelled the standing order with my bank.

Their car now being part exchanged on 27th of the month and my payment due on the 28th of the month.

Got phoned a few days later to say that the final payment hadn't been made to my old cars finance company.

muchty wrote: »

Yes, i did make my final payment.

They are taking me to court as they believe there is an 'extra' month to pay.

All payments to my car were made on time, and with no arrears.

These two statements are clearly incompatible - the first says you didn't make the last payment, while the second says you did.

I think a charitable view is that you didn't understand this; in certain circumstances some people would view it as fraud

Selling the car before the last payment does not absolve you of settling the debt, especially as you say it was originally agreed you would pay it. A debt stays in your name, even on transfer of the car. Given that Motorpoint wanted to move the deal to a date before the last payment was due, you could easily have arranged to make this last instalment earlier, and this is surely what most people would have done. If you offer to pay it now, you may be able to avoid extra costs being imposed by the court

muchty

Confusion - Yes, but thats for a Judge to decide.

They sent me 13 telephone recordings between myself and their branches.

Not releasing the 3 key telephone conversations which support my case - Downright unlawfull.

Can't say more on this but just a warning to potential Motorpoint customers.

One of the missing phone calls had a profound apology from a senior manager for his junior collegues conduct on the phone to me.

vikingaero

Muchty,

As far as I can see from your postings, you did not make the final payment to your finance company as you cancelled the standing order. The final payment is the one on HP that transfers the ownership of the vehicle from the HP company to you.

I imagine that in the part-ex documents Motorpoint would have numerous clauses about ownership and oustanding finance - some agreements state something along the lines of: I declare that the vehicle is free from any encumbrance, finance and lien.

By not making the final payment you broke your part of the contract with your finance company and with Motorpoint. The key in any finance dispute is the make the payment and dispute later if you think you really have a case.

muchty

vikingaero wrote: »

Muchty,

As far as I can see from your postings, you did not make the final payment to your finance company as you cancelled the standing order. The final payment is the one on HP that transfers the ownership of the vehicle from the HP company to you.

I imagine that in the part-ex documents Motorpoint would have numerous clauses about ownership and oustanding finance - some agreements state something along the lines of: I declare that the vehicle is free from any encumbrance, finance and lien.

By not making the final payment you broke your part of the contract with your finance company and with Motorpoint. The key in any finance dispute is the make the payment and dispute later if you think you really have a case.

If all these contracts were broken - and after asking this question - why did they refuse to return my car and take the Astra back ?

Also, I was told that all outstanding finance balances would be wrapped up into the new finance deal.

taff007

muchty wrote: »

If all these contracts were broken - and after asking this question - why did they refuse to return my car and take the Astra back ?

Because they make a profit when they sell you a car. If they simply returned your car and took the Astra back they would have made nothing from you, and probably would have incurred various costs in trying to sort this out.

Also, your car could have have already been sold on so they may not have it to give back even if they wanted to.

muchty

All I ask of motorpoint is, where are the missing telephone recordings ?

Hintza

You tried to get cute with motorpoint as far as I can see. You fully expected to pay the last finance payment on the 28th but the deal was brought forward by a day which you decide let you off the hook.

You are being taken to court where you will no doubt lose ande have costs awarded against you.

"Also, I was told that all outstanding finance balances would be wrapped up into the new finance deal."

You have contradicted yourself on this statement.

"but I was assumed to pay the last installment of my finance on the old car which was a standing order on the *28th* of each month. "

muchty

Hintza wrote: »

but the deal was brought forward by a day which you decide let you off the hook.

You are being taken to court where you will no doubt lose ande have costs awarded against you.

The deal was brought forward !

Err... no.

Their website says delivery in 7 days - 10 days max.

I ordered it on the 12th. So it was 5 days late. Another broken promise ?