Finance Declined....car released and in my posession...whats the score??

[maximumant]

Hi guys,

 

Im new to this site and really need some advice asap.

 

The situation is as follows:

 

Myself and my partner recently bought a car from 'the largest dealership in the uk' (used cars). We decided upon a BMW 3 series at a price of £8,500. We put down £1500 as a deposit and financed the rest.

 

I was initially declined by a bank for the finance. The company then approached Santander....it took a day or so, however was then approved. We were called to say that finance had been agreed and that we needed to collect the car (60 miles away). So we caught a train to collect the car 3 days later. I signed the necessary credit agreement, checked the figures etc....all looked fine. I then signed the logbook, took the keys, paid the £1500 deposit and was on my way.

 

The logbook is now in my posession and I am currently in France enjoying a family holiday. I have been constantly called by a number which turned out to be the dealership (2 weeks on). They are now saying that they made a mistake with the finance and that apparantly it was subject to me paying off my other car finance on another vehicle (with the same finance company). However, the dealer didnt pick up on this and neither did I. Apparently it was in the small SMALL print. (clever!). So....the situation is this, the lender has since declined the finance, I have not yet made a payment, I have the car, I am in france and the car is fully in my name and not subject to a finance agreement.

 

The dealership have asked me to go back in there and that they have sorted out further (cheaper) finance with another company and that they have saved me lots of money etc. But what are my rights as a consumer? Do I have to do this? Is the car now mine?? Do they have a leg to stand on? They have also further credit searched me without my approval.

 

How can I proceed with this and what are my rights? Any help is much appreciated.

[scaniaman]

Santander at their best!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

[maximumant]

they are a bucket of tosh I have to admit. Im a mortgage adviser and have to put cases with Abbey national, they are rediculously rubbish!

 

Bring back Bank of scotland car finance, you knew where you stood with them.

 

But look on the brightside....it could mean a free car!

[Conniff]

It was human error, something we all make at sometime. To keep the car will be theft and you can bet your life there will be a summons on your dorrstop if you don't return it or sign for the other finance.

 

The logbook with your name on does not make you the owner, only the registered keeper, a receipt would make you the owner.

[maximumant]

Thats the funny part, we have a receipt showing the full amount together with deposit has been settled and paid.

 

All I know is if the boot was on the other foot and it was my human error, my car would be re-posessed and I would be left with a default or CCJ.

 

Im simply asking advice not criminal backing

[Conniff]

You were asking opinions of if you could now claim the car:

 

The dealership have asked me to go back in there and that they have sorted out further (cheaper) finance with another company and that they have saved me lots of money etc. But what are my rights as a consumer? Do I have to do this? Is the car now mine?? Do they have a leg to stand on?

 

I would say no and I believe any court would find the same as well.

[Bookworm]

So the advice about criminal backing is just that: sound advice.

 

You can all you like, but the fact remains that if they take you to court (and they will), they'll win, and you'll end up car-less, money-less, with a CCJ and considerable fees on top (over £5k, so won't be small claims, so they can claim their legal fees etc... from you).

 

You can ignore the advice on here, but if you only wanted for someone to say "well done, mate, the car is yours" it's not going to happen. Because that would be doing you a great disservice, since that's simply not true.

 

Do yourself a favour, and get it sorted as soon as you get back. ;-)

[maximumant]

Sounds like sound advice to me, that will b e my plan. Worst case, we have cheaper finance than previously! Im sure they can throw in a free warranty to cover my expenses of travelling back there etc.

 

Thank you for the help / banter

[Conniff]

Why not ask for your next service free as recompense for all your troubles, you already have the sale of goods act to cover you for most problems.