Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
I went to buy a usedcar from a local dealership got a good deal, signed the offer, and all was good. One small thing is that the price on the car was diffrent from the price offered (lower) but the saleman didnt notice till the end and said they would have to honour it. This was on the sat 9th of feb, delivery was ment to be the 18th.
I wanted to pay using my own finace from the british credit trust i had a letter accepting me for more credit (long story but ive been with them for 4 years now) the dealer wanted to try the main stream ones (i assume for the comission) but i wasnt hopeful they would deal with me. The dealer came back and said the main stream ones declined me, but they got an offer from blackhorse, i asked about they agreeement with BTC i had, and the dealer said they had contacted them and they had declined me for credit!! I phoned the BTC and they said the dealership hadnt been in contact at all. I phone the dealer and they said it was the brokers fault. He also asked for a refernce from an address i no longer live at....
The saleman i 1st spoke to went on holiday, so i spoke to the manager, he said that he would phone the btc and organise the deal. (they have the money waiting) I have now had a call to my work from blackhorse asking for a refernce. I have tried to contact the dealership but the manager is always "busy" and BTC cant contact him either.
SO im a bit stuck, i want to buy this car, i have the finance but they dont seem to want to sell me it, either becuase i have my own finace ot they arsed up the price in the 1st place or both.
Im fairly sure that the doc i signed is a contract and they have to sell me the car but what can i do? They are refusing my calls , and BTC's calls.....
I went to buy a usedcar from a local dealership got a good deal, signed the offer, and all was good. One small thing is that the price on the car was diffrent from the price offered (lower) but the saleman didnt notice till the end and said they would have to honour it. This was on the sat 9th of feb, delivery was ment to be the 18th.
I wanted to pay using my own finace from the british credit trust i had a letter accepting me for more credit (long story but ive been with them for 4 years now) the dealer wanted to try the main stream ones (i assume for the comission) but i wasnt hopeful they would deal with me. The dealer came back and said the main stream ones declined me, but they got an offer from blackhorse, i asked about they agreeement with BTC i had, and the dealer said they had contacted them and they had declined me for credit!! I phoned the BTC and they said the dealership hadnt been in contact at all. I phone the dealer and they said it was the brokers fault. He also asked for a refernce from an address i no longer live at....
The saleman i 1st spoke to went on holiday, so i spoke to the manager, he said that he would phone the btc and organise the deal. (they have the money waiting) I have now had a call to my work from blackhorse asking for a refernce. I have tried to contact the dealership but the manager is always "busy" and BTC cant contact him either.
SO im a bit stuck, i want to buy this car, i have the finance but they dont seem to want to sell me it, either becuase i have my own finace ot they arsed up the price in the 1st place or both.
Im fairly sure that the doc i signed is a contract and they have to sell me the car but what can i do? They are refusing my calls , and BTC's calls.....
it defo is binding. and there is hopefully no way out of it for them, but and its a big but, i dont want to go elsewhere. The deal i got is amazing, the car has options ive never seen on any others, and they completly arsed up the price, i got £1000 off the price as the computer had the wrong price on it, and i got a got great deal for my part-ex. Im sure they know this too, so are dragging there heels......
is there any way for them to get out of this contract? is there a time limit for me to come up with the money, then they can bin the contract? i know its them dragging there heels but that would be hard for me to prove, and by that time the car would be sold on....
please keep to the one thread when asking questions or updating .This is in your own interest as you will get much more informed advice when people can see at a glance what you have done so far
i will be off site for the next month or so. if you have any problems, feel free to report the post so a moderator can help you.
Just a few observations on what seems to be a very odd situation
1. The finance agreement will not be deemed as 'executed' until it has been signed by the finance company and they have sent you a copy of this signed agreement. Also, if you contact them quickly, you may be able to stop them sending their payment to the dealer.
2. The point already made about commissions is a very valid one. Also the dealer may well have an arrangement with certain finance companies over agreed volumes of business etc. There are also dealers who will not deal with any finance company that is not on their 'panel' of lenders. I experienced this a few years ago with a Honda garage, but stuck to my guns and they let me eventually sign the documents from my preferred finance supplier on their premises.
3. If they have genuinely cocked up on the deal then they may try to use an E&OE argument to get out of it. At the end of the day if you don't get the car and the finance is cancelled then it would be hard for you to claim that you have suffered genuine loss.
4. It would be very interesting to hear Trading Standards view on this - I would imagine they are usually having to deal with people trying to hand cars back as opposed to the other way round
Does your finance company have to deal with the dealer, can they not just advance the funds to you? After all if you walked in with the cash what would they do then? Just a thought...
BANK CHARGES
Nat West Bus Acct £1750 reclaim - WON
LTSB Bus Acct £1650 charges w/o against o/s balance - WON
Halifax Pers Acct £1650 charges taken from benefits - WON
LTSB Pers Acct - £2K charges, £1K o/d - Rob Way latest DCA
DCAs
Lowells/Capital One - no CCA - gone away £1500
Lowells/MBNA - no CCA - gone away £10K
Abbey - no CCA - £3.5K
CL Finance - 3 court claims re GE storecards 2 withdrawn, 1 hanging by a thread
Hillesden/DLC re Barclaycard - ongoing battle re validity of CCA - £3.5K
Clydesdale - charges more than balance - valid CCA:o - onto 4th DCA so far
LTSB card - £7K - no CCA - destroyed after 6 years! - latest DCA - AIC
Others
GE Money sec loan - £1900 in charges - settlement agreed
GE Money sec loan - ERC of £2.5K valid for 15 years - on standby
FirstPlus - missold PPI of £20K for friends - WON
yes its a very strange situation, car dealerships usually fall over themselves to take your money!!
point number 1 you made has me confused; i want the finance company to send the money! then they will give me my car!!
2: i know they deal with the BTC as both parties have told me so. i think they are trying to get as much comision as poss due to the cock up...
3: ive checked the contract ive signed and nowhere on it is there an E&OE clause.
and 4: yup im sure trading standards will be slightly surprised by the dynamics involved in this!!
and goldlady ive already thought about that but BTC dont do that "sort" of thing. presumably due to the rather unscrupulous nature of there client base!!
Sorry, I got a bit confused with my first point. I got the impression that you had signed up with Black Horse because they wouldn't deal with BCT, and that you wanted to deal with BCT. My suggestion was a way to prevent the BH deal going ahead even though you had signed.
What have you already signed? Is it just an order form/sales invoice or have you actually signed up with Black Horse? If so do you have a copy of the finance agreement that you have signed (they should have given you one). If so I would give the finance company a call and advise them that the dealer appears to be preventing you from taking delivery of the car. If they have already paid the dealer they are likely to take a very dim view of this.
Regarding the point made by Goldlady, the problem is that the types of contracts we are talking about are HP agreements, which need to be signed on the suppliers premises, and also need a declaration signing by the selling dealer to the finance company. There is nothing underhand about this.
i havnt signed with blackhorse, im refusing to, the deal im getting from BTC is much better. The problem is that the dealership is refusing to contact BTC or asnwer the phone to them, so we cant actually give them the money......
There is another way to look at it. If when the dealer made up the sales invoice made a mistake and overcharged you by £1000 and you signed it, would you feel legally obliged to complete the transaction?
There is another way to look at it. If when the dealer made up the sales invoice made a mistake and overcharged you by £1000 and you signed it, would you feel legally obliged to complete the transaction?
Well, yeah. To qoute the ferengi " a contract is a contract is a contract"
I always check these things to make sure mistakes like this dont happen, and thats not even my job! Its the salesman's job to ensure he offers the car at the right price, if he makes a mistake, its not my problem. Myabe he should be offered retraining to ensure this doent happen again?
Whats the point in contracts, if at any point you can turn round and say "oh sorry i made a a mistake, lets rip this up and start agian"?
edit: i do see your point, but at no point have they come out and said "sorry we have made a mistake" they have lied and tried to make us take other finance, to make up for there mistake. The salesman actually said "BTC have declined you" when they hadnt actually called them at all, and i was holding a letter from them confiming the amount they would lend me!!
Maybe im being overly harsh, but the way they have treated me is deplorable. Maybe if they had just admitied there mistake, and the reasons for going with another finance compnay i would be more symathetic. However, they have lied to me.
Well, yeah. To qoute the ferengi " a contract is a contract is a contract"
I always check these things to make sure mistakes like this dont happen, and thats not even my job! Its the salesman's job to ensure he offers the car at the right price, if he makes a mistake, its not my problem. Myabe he should be offered retraining to ensure this doent happen again?
Whats the point in contracts, if at any point you can turn round and say "oh sorry i made a a mistake, lets rip this up and start agian"?
A brief resume for U to read through, to get the gist of Contract Law
i think i get your point. But at the time the mistake was noticed (the contract wasnt signed at this point) the salesman said "oh well mistakes happen, we will still honour it"
This isnt my mistake, and the salesman knew about it before the contract was signed. Im not the bad guy here......
Personally, I can't see the deal happening. Persumably before the invoice was written up you verbally made an agreement to purchase the car at a certain price? The invoice was written up incorrectly after your verbal agreement? You know they made a mistake, the dealer knows he made a mistake, and the dealer knows that you knew he made a mistake. Dont hold your breath....
dealership refusing to sell me the car **SORTED**
, so i spoke to the manager, he said that he would phone the btc and organise the deal. (they have the money waiting) I have now had a call to my work from blackhorse asking for a refernce. I have tried to contact the dealership but the manager is always "busy" and BTC cant contact him either.
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Originally Posted by gwc1000
