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.
Have just read a thread by Kimbo who bought a faulty car with finance by Santander. Looks like they were taken in like me.
When a car salesman offers you a finance deal, most of us think it's HP.
When you are presented with the finance document to sign, read it VERY CAREFULLY. You may find it's headed "Motor Loan", which i thought was todays terminology for the good old HP. NOT SO!! This agreement is actually for a personal loan and therefore Santander have no interest in the car, only getting loan repaid. Failure to keep up payments, even on a car under dispute, may have an adverse effect on your credit rating.
When dealing with sleezebags in guise of car salesmen, tell them what kind of finance you require--HP, lease purchase or whatever.
But in Kimbos case, he has legitimate grounds to have the loan cancelled and all payments returned.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
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Sorry Conniff, but i'm not sure of the "mechanics" of how this works. Garage will either refund him all monies paid, and he in turn may pay off loan, or garage may sent money to finance company. Anyhow, as longs as customer gets his cash back, the repayment method is of little consequence. I rather think that if it is a personal loan, the borrower is responsible for repayment. If not a personal loan, then garage may deal direct with finance co. if so ordered by a court.
Sorry scaniaman, it wasn't supposed to sound like that. He can't just get it cancelled, he will need to get all his funds back from the garage including the £1400 for his trade in (unless his car is still there).
He will then pay up the loan, but not be out of pocket by any early payment charges.
He can, of course, keep the loan going and then when the finance company has their money back from the garage, get another car.
He can ask the court to cancel the loan if they won't and then continue to pursue for payment.
Trading Standards wants your help
Dubious website businesses Conterfeit alcohol and cigarettes Illegal sales of alcohol, tobacco, knives & fireworks to children Cowboy builders or tradesmen Car clockers Counterfeiters Aggressive selling
Never phone or accept phonecalls from debt collection companies.
If you don't believe you can win, there is no point in getting out of bed.
_________________________ ________________ _________________________ ___________________
We got caught the same way with our purchase from a Toyota franchised dealer. The document looks like a HP agrement but is for a personal loan which means when the sh*t hits the fan you cannot return the car even though you have paid "X" amount as per a HP agreement. Unfortunatley we only found this out when I got made redundant and wanted to return the car.