Where Do We Stand?

caris

HI

APOLOGIES IF THIS IS POSTED IN THE WRONG SECTION.

MY HUSBAND AND YOUNGER DAUGHTER WENT TO LOOK AT ANOTHER CAR AT A PLACE THAT SELLS SECONDHAND CARS. hUBBY PICKED OUT A VECTRA ESTATE ON A "r" PLATE, WHICH THEY HAD PRICED AT £1995, BECAUSE i WAS NOT WITH THEM, MY DAUGHTER SIGNED MY SIGNATURE ON THE INVOICE FOR 3 STAGE PAYMENTS, THIS IS WHERE YOU PAY DEPOSIT (THIS WAS £100), AND THEN WE HAD TO MAKE MONTHLY PAYMENTS UNTIL THE BALANCE WAS CLEAR, THESE PAYMENTS WERE £100 A MONTH.

iN aUGUST MY HUSBAND WAS USING THE CAR TO COLLECT DAUGHTER AND SON FROM HOSPITAL, WHEN HE WAS INVOLVED INRTA. hE CONTACTED THE INSURANCE, AND THE NEXT DAY WENT TO SEE THE PEOPLE HE WAS GETTING THE CAR FROM AND EXPLAINED WHAT HAD HAPPENED, AND THAT OUR INSURANCE COMPANY WAS DEALING WITH IT.

AFTER A FEW WEEKS THE INSURANCE COMPANY REQUESTED THE LOG BOOK AND MOT, HUBBY COLLECTED THESE FROM THE GARAGE, (THESE PAPERS ARE KEPT BY THEM UNTIL YOU HAVE MADE THE FINAL PAYMENT), THE CAR WAS DEEMED A RIGHT OFF.

A FEW WEEKS AFTER THIS WE WERE WOKEN AT 6.45 IN THE MORNING BY SOMEONE KNOCKING ON THE DOOR, HUBBY WENTR DOWN AND IT WAS TWO "BIG BUILT" MEN FROM THE GARAGE ASKING FOR THE MONEY, HUBBY EXPLAINED THAT WE WERE STILL WAITING FOR THE INSURANCE COMPANY TO SORT THINGS OUT, THEY LEFT BUT SAID THEY WOULD BE BACK, IF IT WAS NOT SORTED SOON.

JUST BEFORE XMAS WE RECEIVED A CHEQUE FROM THE INSURANCE COMPANY FOR £850 AS FULL AND FINAL SETTLEMENT FOR THE CAR. WE TOOK THE CASH TO THE GARAGE, AND THEY SAID THAT WE ARE RESPONSIBLE TO PAY THE DIFFERENCE.

IS THIS CORRECT? HUBBY KEEPS SAYING THAT WE SHOULD NOT PAY ANYMORE BECAUSE THE CAR WAS NOT WORTH ANYMORE THAN THE INSURANCE, WOULD PAY, THE BALANCE OUTSTANDING FOR US IS £745.

ANY INFO OR ADVISE WOULD BE GREATLY RECEIVED. I DONT WANT ANY HASSLE FROM THE GARAGE, HAS WE HAVE KNOW THEM TO GO KNOCKING ON PEOPLES DOOR AND THREATENING ACTION, IAM ON MY OWN ALL DAY SO WOULD BE TERRIFIED IF THEY CAME KNOCKING.

CARIS

Hintza

Yes you will be liable (you could try and argue unfair contract etc but probably not worth the effort especially if they use big blokes!!). If I were you I would pay up and then fight with the insurance company for a more equitable settlement from them. Some others will be on later to give you a realistic value.

What the car is worth now and what it was worth when you bought it is irrelevant. You bought the car agreed on price and repayments. The garage did not crash the car and therefore it is not their problem as such. You owe them the money I'm afraid.

Good luck.

tomstickland

JUST BEFORE XMAS WE RECEIVED A CHEQUE FROM THE INSURANCE COMPANY FOR £850 AS FULL AND FINAL SETTLEMENT FOR THE CAR. WE TOOK THE CASH TO THE GARAGE, AND THEY SAID THAT WE ARE RESPONSIBLE TO PAY THE DIFFERENCE.

IS THIS CORRECT? HUBBY KEEPS SAYING THAT WE SHOULD NOT PAY ANYMORE BECAUSE THE CAR WAS NOT WORTH ANYMORE THAN THE INSURANCE, WOULD PAY, THE BALANCE OUTSTANDING FOR US IS £745.

You owe the garage the original price.

lisyloo

As others have said you owe the money.

There are several reasons why you haven't had the full amount back.

1) Depreciation between when you bought and when it was written off.
2) Your insurance company not paying enough
3) Maybe you paid too much.

In your position I would reasearch the value of the car (try autotrader for similar models of similar age). If you aren't happy with the settlement then argue with the insurers but the more evidence your provide the more likely you are ti win (bear in mind that people advertising cars do not usually acheive 100% of the asking price).

Yes, you are liable for paying for the car.
The fact that the insurance were slow of didn't pay enough is a seperate issue.
This garage is due it's money.

The two big guys were obviously sent round to scare you.
You should not have to be scared by physical violence but legally they could get a county court judgement (CCJ) against you and if you don't pay either send the balliffs round or get your employer to deduct amounts from your wages (will your employer will resent) or they could sell the debt onto a collection ageny.
Depending on the calibre of the agency they might take the legal route or they may sent blokes round with rottweilers to try and scare you.
All of these things are quite unpleasant and
If you get an unpaid CCJ on your credit record then it will stay on for 6 years.

So basically pay what you owe ASAP and then argue with the insurance company.

bunking_off

Absolutely no doubt that you'll have to pay up.

Looking on Autotrader, the settlement figure from the insurance company seems about right (assuming there's nothing special about it), meaning you probably paid over the odds in the first place. However, your other half agreed the price at the time & signed on the dotted line, so that's the end of it.

tomstickland

Where Do We Stand?

In the naughty corner.

jrrowleyws

You owe the garage, insurance pays what the car is worth and to be honest £800 sounds about right. Unless the car was immaculate and had excellent history with little milage its no way worth £2K -vectra's arent made of gold!

hartcjhart

agree with other posters,

but can you please turn the 'caps lock' off it is considered as shouting to keep it on

LuciferTDark

Pay it then steer clear (sorry) of the garage in future.

chrislee2810

First have a good read of the contract, but it sounds as if you will have to pay.
The next option that you have is to argue with the insurance company. One thing you can do is check the insurance paperwork because you may have Gap insurance built into your policy (normally through a seperate company) they will make up the difference.
Insurance companies will only pay market value for your car which is always going to be less than you payed for it especially when you have just drove off the forecourt.
Personally i always take out gap or go with a insurance company that will cover the price of the car

Lemonade_Pockets

As others have said it sounds like you owe the garage/finance company the money.
Given the nature of the garage you bought the car from it wouldn't surprise me if the credit agreement had vectra sized holes in it tho. So it might be worth taking it down to the CAB to see if there is any way round it.

If there isn't there are two things worth considering. If its a personal loan (not secured against the car) you should be able to continue paying untill the end of the agreement. Alternatively if you need to make immediate settlement make sure they give you a rebate on the interest which i imagine will be hefty!

I'll eat my hat if it included gap but its worth checking.

p.s. You have accepted the offer from the insurance company so legally you have no rights to demand any more. Again ill eat another hat if you manage to get any more money of them now