Hi, I am looking for some advice/opinions...
In January 2011 I purchased a car with finance provided by creation.
The price of the car was £2995, I paid a cash deposit of £800.
I was made aware of charges/fees totalling £450 (ish), which would be added to the finance agreement.
All was going fine until around 6 months ago, when a change of bank account led me to registering for online account management (so that I could arrange continuing payments).
The amount outstanding didn't appear to be correct so I contacted the company and requested all of the relevant figures.
It turned out that the set-up/admin fees had been added twice,
the representative I spoke to said that the dealer was wrong to add these fees at the point of sale as they are always added afterwards.
A rather in-depth conversation led to me being informed that creation don't actually hold any physical paperwork, and that they would be unable to amend the loan amount without notification from the dealer.
After some detective work I managed to locate the dealer
(who had now leased his forecourt to someone else, but I found him in the end!).
I explained the situation, and asked for a copy of our original sales document.
A week of telephone calls and me harrassing him brought no joy.
He told me that all of his paperwork was in storage and that he'd been unable to locate the document.
Well, of course he couldn't find it
- it would prove that he had actually received £450 more than he should have from creation, which they would obviously want back!
For me, the actual cost of the £450 would be much greater due to the associated interest.
I did find my copy of the sales document, and emailed creation again,
informing them that I had a physical, SIGNED document showing the correct amount.
I explained that I would be happy to send them a COPY, not the original
- this was all the proof I had, it wasn't going to be lost in the post!
They did not reply.
On to the more pressing concern now...
during all of this I noticed that creation had the wrong registration number for the vehicle.
I informed them of this, without giving them the correct number.
Again, they were unable to amend the details without verification from the dealer.
I sent a final email informing them that this needed to be corrected (as did the loan amount) as I was hoping to sell the vehicle, with their permission of course.
I was hoping that this would set alarm bells ringing for them
- the vehicle did technically belong to them.
after a couple more months,
it became apparent that the car was going to need a lot of money spent on it
- which I didn't have.
I did a hpi check and, surprise, it showed no outstanding finance.
So I traded it for another car at a local dealership.
I now find myself in no position to continue with repayments
- I am just setting up a debt managemnt plan,
and have just been visited by bailiffs
and had to agree a repayment plan with them
(which I can't afford, but will have to find if I want to keep my possessions obviously!).
I am in this position through my own actions
- I was earning a good salary until a year ago but had to give up the job.
This really is no-one's fault but my own.
My question is this - what can creation do to me?
I no longer have the car so they can't repossess it.
Actually, I NEVER had the car with the registration number they hold,
although the make and model are correct.
I am willing to come to some arrangement with them if they will accept a much reduced payment,
my concern is that they won't accept it and I have sold a car which didn't belong to me
. But then, it didn't belong to them either maybe?
I know I shouldn't have sold the car, but in my defence I did inform them of the mistakes with the agreement.
The only document I have ever signed is the original purchase order with the dealer (which he can't find).