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    • tjer222
    • By tjer222 21st Mar 18, 2:08 PM
    • 6Posts
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    tjer222
    Pressure to sign finance agreement
    • #1
    • 21st Mar 18, 2:08 PM
    Pressure to sign finance agreement 21st Mar 18 at 2:08 PM
    HI, I am hoping if someone might have any advice on this?

    Back in Jan we ordered a new Kia Picanto from the Kia agent in Cardiff. The purchase has been beset by issues from the word go, not least of which is that we were initially told the car would be with the dealer on March 2nd. However, the latest delivery date we've had today is May 21st.

    The dealer has now also said that they'd like me to travel almost a hundred miles round trip to sign the finance agreement (PCP for 3 years) in advance of the car being delivered. I am extremely reluctant to do this.

    One, I'd like to see the vehicle we are purchasing prior to signing (this what we've always done in the past when buying new cars ranging from BMW to Volvo).

    Two, I am concerned that if we sign the agreement and then car is delayed again we could be making payments prior to the car being with us and also that being that it is a PCP that it might be only 35 or 34 months before the ballon is due despite us making 36 payments.

    The dealership was been woeful from the moment after we signed the order. I still cannot get a written finance quote out of them (luckily they did text me the monthly repayments) and we have already had to get Kia and Kia finance involved with a issue regarding registered keepers where I was right and the dealership was wrong!

    I have it in my mind that being forced to sign a finance agreement before the goods are ready might well be illegal?

    I have spoken to Kia Finance this afternoon and they can't provide an answer as if the agreement has to be signed beforehand. They thought it might be a pre-contract agreement, but as I pointed out, we have already completed and signed an official order for the vehicle.

    Can anyone point me in the right direction to any legislation that cover this? I'd be most grateful.

    Many thanks.
Page 1
    • tjer222
    • By tjer222 21st Mar 18, 2:09 PM
    • 6 Posts
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    tjer222
    • #2
    • 21st Mar 18, 2:09 PM
    • #2
    • 21st Mar 18, 2:09 PM
    forgot to say that they've also asked for a BAC's transfer for the deposit some days in advance of deliver.y I have said no, but will pay the remaining deposit by debit (not credit) card on the day. They aren't happy about this either.
    • Frozen_up_north
    • By Frozen_up_north 21st Mar 18, 2:18 PM
    • 1,466 Posts
    • 712 Thanks
    Frozen_up_north
    • #3
    • 21st Mar 18, 2:18 PM
    • #3
    • 21st Mar 18, 2:18 PM
    I am no expert, but signing a PCP contract for something 2 months away seems odd to me.

    It is currently a “buyers market” as far as cars go, can you not cancel on the basis of the dealer not supplying the car when they said they would?
    • I am spartacus
    • By I am spartacus 21st Mar 18, 2:32 PM
    • 94 Posts
    • 91 Thanks
    I am spartacus
    • #4
    • 21st Mar 18, 2:32 PM
    • #4
    • 21st Mar 18, 2:32 PM
    Sorry you have had a bad experience from the Kia dealer you are using.
    I know its too late for you and you might not be local - I wont directly name the dealers, but when I brought my new Kia from them and every since they have been more than helpful and I can highly recommend them!
    Enter Kia dealers Houghton Regis into your search engine.

    Disclaimer - I am just a customer of theirs, I am in no way connected to the dealership,
    if this post breaks any forum rules, please can a site moderator remove it.
    I am, therefore I think.

    • UncleZen
    • By UncleZen 22nd Mar 18, 1:30 PM
    • 593 Posts
    • 209 Thanks
    UncleZen
    • #5
    • 22nd Mar 18, 1:30 PM
    • #5
    • 22nd Mar 18, 1:30 PM
    If you pay the deposit by credit card (>£100) and anything goes wrong your covered and the cc company will be responsible, the dealer wont like it but insiste, stand your ground.
    See:
    https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases
    • unholyangel
    • By unholyangel 22nd Mar 18, 1:54 PM
    • 12,286 Posts
    • 9,615 Thanks
    unholyangel
    • #6
    • 22nd Mar 18, 1:54 PM
    • #6
    • 22nd Mar 18, 1:54 PM
    If you pay the deposit by credit card (>£100) and anything goes wrong your covered and the cc company will be responsible, the dealer wont like it but insiste, stand your ground.
    See:
    https://www.moneysavingexpert.com/shopping/section75-protect-your-purchases
    Originally posted by UncleZen
    OP is buying via finance agreement so paying by credit card isn't necessary as they already have section 75 protection.

    However I'll add that they could pay as little as £5 by credit card and be covered for the whole amount - the £100+ requirement is for the value of the item, not the amount paid by card.
    Money doesn't solve poverty.....it creates it.
    • AdrianC
    • By AdrianC 22nd Mar 18, 2:27 PM
    • 17,358 Posts
    • 15,700 Thanks
    AdrianC
    • #7
    • 22nd Mar 18, 2:27 PM
    • #7
    • 22nd Mar 18, 2:27 PM
    not least of which is that we were initially told the car would be with the dealer on March 2nd. However, the latest delivery date we've had today is May 21st.
    Originally posted by tjer222
    This is very unlikely to be the dealer's fault. The car will now be on a container ship on the way to the UK, and will probably arrive in the country a couple of weeks before delivery. Any delay from hereon in is only likely to be due to transit damage being rectified.

    The dealer has now also said that they'd like me to travel almost a hundred miles round trip to sign the finance agreement (PCP for 3 years) in advance of the car being delivered. I am extremely reluctant to do this.
    Why did you choose a dealer so far away from your home?
    Can the paperwork not be posted?

    The dealership was been woeful from the moment after we signed the order. I still cannot get a written finance quote out of them
    If you don't have a written finance quote, then the finance agreement is not ready to be signed.

    but as I pointed out, we have already completed and signed an official order for the vehicle.
    You've committed to an order for a vehicle, despite not even knowing how much it'll cost? What if the finance is declined, or the quote is not acceptable to you?
    • tjer222
    • By tjer222 25th Mar 18, 8:10 PM
    • 6 Posts
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    tjer222
    • #8
    • 25th Mar 18, 8:10 PM
    • #8
    • 25th Mar 18, 8:10 PM
    not least of which is that we were initially told the car would be with the dealer on March 2nd. However, the latest delivery date we've had today is May 21st.
    Originally posted by tjer222
    !!!8221;This is very unlikely to be the dealer's fault. The car will now be on a container ship on the way to the UK, and will probably arrive in the country a couple of weeks before delivery. Any delay from hereon in is only likely to be due to transit damage being rectified.

    No, they told us on day of order, the car was due to arrive at their dealership on March 2. Later they changed this to its no built and I had to chase them to actually then get a build date

    !!!8220;
    The dealer has now also said that they'd like me to travel almost a hundred miles round trip to sign the finance agreement (PCP for 3 years) in advance of the car being delivered. I am extremely reluctant to do this.
    !!!8221;Why did you choose a dealer so far away from your home?
    The deal £800 less than local agent..

    Can the paperwork not be posted?

    !!!8220;
    The dealership was been woeful from the moment after we signed the order. I still cannot get a written finance quote out of them
    !!!8221;If you don't have a written finance quote, then the finance agreement is not ready to be signed.
    Have have text of figures and email, just not full quote.

    !!!8220;
    but as I pointed out, we have already completed and signed an official order for the vehicle.
    !!!8221;You've committed to an order for a vehicle, despite not even knowing how much it'll cost? What if the finance is declined, or the quote is not acceptable to you?
    Wrong on all points.
    • jlemaitre
    • By jlemaitre 25th Mar 18, 8:42 PM
    • 113 Posts
    • 72 Thanks
    jlemaitre
    • #9
    • 25th Mar 18, 8:42 PM
    • #9
    • 25th Mar 18, 8:42 PM
    Does the contact say anything about delayed delivery date and cancelling the order? 2nd of March and 21st May is a big gap... Are Kia planning on building your car sometime in the near future(deal didnt put the order in)

    It only takes about a day or so to actually build a car from a bodyshell to complete car anyway.

    If Your're American(you used US date format), I'd Suggest looking up English and Welsh laws on consumers act etc. Speak to someone who can advice you on laws(professional) etc on getting out of this awful contract.
    • Mercdriver
    • By Mercdriver 26th Mar 18, 12:22 AM
    • 1,640 Posts
    • 1,120 Thanks
    Mercdriver
    This is very unlikely to be the dealer's fault. The car will now be on a container ship on the way to the UK, and will probably arrive in the country a couple of weeks before delivery. Any delay from hereon in is only likely to be due to transit damage being rectified.


    Why did you choose a dealer so far away from your home?
    Can the paperwork not be posted?


    If you don't have a written finance quote, then the finance agreement is not ready to be signed.


    You've committed to an order for a vehicle, despite not even knowing how much it'll cost? What if the finance is declined, or the quote is not acceptable to you?
    Originally posted by AdrianC
    I very much doubt that the dealer would go ahead with an order without a credit check having been completed.

    Personally if I were in the OP's shoes, I would be citing in writing that the new date of delivery being more than 56 days later than stated in the contract as breach of contract and walk away from the deal.
    • macman
    • By macman 26th Mar 18, 10:47 AM
    • 41,889 Posts
    • 17,377 Thanks
    macman
    Does not signing the finance deal at the dealers remove the cooling-off period protection that the OP would get if they signed at home? Could this be a factor?
    No free lunch, and no free laptop
    • Mercdriver
    • By Mercdriver 26th Mar 18, 12:15 PM
    • 1,640 Posts
    • 1,120 Thanks
    Mercdriver
    Does not signing the finance deal at the dealers remove the cooling-off period protection that the OP would get if they signed at home? Could this be a factor?
    Originally posted by macman
    You still have the same cooling off period for finance. If something is made to order to a certain specification it is exempt from the product cooling off period in any case. Doesn't stop a dealer from allowing a goodwill gesture cancellation, but anything that is special order loses the automatic legal right to a product cooling off period.

    In the OP's case, I think the difference in delivery leadtime is sufficient for him to tell them where to stick the order. A few days or weeks is one thing but this is more than 2 months.
    • peter_the_piper
    • By peter_the_piper 26th Mar 18, 5:45 PM
    • 26,044 Posts
    • 34,960 Thanks
    peter_the_piper
    As with Spartacus, I ordered my picanto, it arrived in August and I waited (at their suggestion) to the end of the month, went over and paid the cash. Maybe,being the customer, you can make them wait for the balance until you pick the car up. It'll be worth the wait, wouldn't swap mine.
    I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.
    • tjer222
    • By tjer222 27th Mar 18, 6:15 PM
    • 6 Posts
    • 0 Thanks
    tjer222
    Does the contact say anything about delayed delivery date and cancelling the order? 2nd of March and 21st May is a big gap... Are Kia planning on building your car sometime in the near future(deal didnt put the order in)

    It only takes about a day or so to actually build a car from a bodyshell to complete car anyway.

    If Your're American(you used US date format), I'd Suggest looking up English and Welsh laws on consumers act etc. Speak to someone who can advice you on laws(professional) etc on getting out of this awful contract.
    Originally posted by jlemaitre
    Initially we couldn't get an new delivery or built date from the dealer. After threatening to cancel the order they managed supposedly to get a build date from Kia of April 21st.

    They said that there has been a shortage nationally of the model due to sales, but that Kia have held prices and finance offers for orders placed before the end of March.
    • tjer222
    • By tjer222 27th Mar 18, 6:17 PM
    • 6 Posts
    • 0 Thanks
    tjer222
    I very much doubt that the dealer would go ahead with an order without a credit check having been completed.

    Personally if I were in the OP's shoes, I would be citing in writing that the new date of delivery being more than 56 days later than stated in the contract as breach of contract and walk away from the deal.
    Originally posted by Mercdriver
    That's correct. The finance was proposed and accepted on the date we placed the order. IN all my experience of buying new cars, I have to say, this dealer has been the oddest experience I've had.
    • tjer222
    • By tjer222 16th Apr 18, 10:24 PM
    • 6 Posts
    • 0 Thanks
    tjer222
    Finally have a delivery date of May 14th to dealer. They've not asked again for me to sign the finance papers in advance.
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