Car faulty after 2 weeks - Want to rescinder HP agreement

[twiggydee]

I purchased a nissan micra 55 plate on the 26th Feb this year, on the 13th March it broke down. I took it to a local garage whom recommened taking it back! the timing gear chain is badly worn and a major oil leak and that did not just happen. The locking mechanism also started grinding I am in dispute with the finance company as i want to canel my agreement they dealer whom sold me the car has it at present..............After going through all the paperwork yesterday it came to mt attention that even though the finance company sent me the paperwork i did not sign it and at the dealers i signed 2 single pieces of paper only detailing the purchase of the car with the cars cost on it and that is all. I have written to the finance company asking them to send me the agreement with my signature on it, we shall see......they have not responsed, they usually respond immediatly. Anyway my first payment is due on Friday, do i cancel it or what? If i make this payment and do not have an agreement does this make it legally binding?

[Conniff]

Your first call is on the seller. You 'must' write to him rejecting the car. This has to be done in writing preferably recorded delivery. List all the problems with it and head it 'formal rejection'.

When you get the rejection accepted, then the finance is void as well.

[raydetinu]

Agree with Conniff, however:-

If you have not signed a HP agreement, then one does not exist!!

This must outline the payments due, amount, dates, total payable, including the actual cost of the finance and interest rate etc.

They must also give you a copy, and the agreement must be signed by the HP company

Is the dealer a licensed broker for the the finance co. chaeck with the council. If not then everything is void anyway.

They may try and send the forms for signature to you, so as they were not signed on the premises you can reject the offer.

Now did you pay a deposit or part exchange?

[twiggydee]

Hi, Thank you both. I have already sent them a 2 letters by email and also recorded delivery letting them know that i longer want the veichle. They say that they have logged the complaint but the they have the right to repair the car. This was before it became apparent that i did not sign the HP agreement. I paid a deposit of £300.00 by debit card.

[twiggydee]

Hi, Thank you both. I have already sent them a 2 letters by email and also recorded delivery letting them know that i longer want the veichle. They say that they have logged the complaint but the they have the right to repair the car. This was before it became apparent that i did not sign the HP agreement. I paid a deposit of £300.00 by debit card

[scaniaman]

Two things Twiggy. Firstly, if your debit card is Visa you can write them and explain your circumstances and ask for "Chargeback" of your deposit. I don't know if this applies to non Visa cards. Was deposit made out to dealer or finance company? When money changes hands the law says a contract has been formed.

Secondly, check to see if it is an HP agreement that you are supposed to have. Many cars are sold these days on modified forms of Personal Loans which are not so easy to reject or get assistance from the finance company. However, as said in other threads, if you didn't sign it then no agreement exists.

[twiggydee]

Two things Twiggy. Firstly, if your debit card is Visa you can write them and explain your circumstances and ask for "Chargeback" of your deposit. I don't know if this applies to non Visa cards. Was deposit made out to dealer or finance company? When money changes hands the law says a contract has been formed.

Secondly, check to see if it is an HP agreement that you are supposed to have. Many cars are sold these days on modified forms of Personal Loans which are not so easy to reject or get assistance from the finance company. However, as said in other threads, if you didn't sign it then no agreement exists.

 

I will get on to the bank straight away and cancel the payment and also request chargeback , the deposit was made to the dealer. Yes it is an HP agreement that i am supposed to have, they sent me a pre contract information form before i went to get the car but no signatures requested. The pre contract credit information has the type of credit as: Credit Provided under the Hire Purchase Agreement. Should i inform them i am cancelling my direct debit ?

[blackknight]

I wouldn't cancel your payment straight away,you need to reject the car first.

If no finance agreement exists they wont be able to take any money as you wont have a direct debit.

If it does and you cancel without rejecting the car first the finace company can chase you for the money

[raydetinu]

How come you have a DD arrangement without signing anything, a DD is not valid without your signature or some form of agreement?

Defo cancel it anyway or inform bank not to allow the HP co. to take any money.

[blackknight]

How come you have a DD arrangement without signing anything, a DD is not valid without your signature or some form of agreement?

Defo cancel it anyway or inform bank not to allow the HP co. to take any money.

 

Yes and keep driving round in the car till it blows up then give it back to the Garage!!!!!!!.

 

If there is a finance agreement in place you must make the payments until you have sorted out something with the garage about taking the car back. you cannot just stop paying.

[borisbeaver]

How come you have a DD arrangement without signing anything, a DD is not valid without your signature or some form of agreement?

Defo cancel it anyway or inform bank not to allow the HP co. to take any money.

Nowadays, you don't have to sign a DD agreement. eg. Sky will set one up with a phone call - but they do have to read out the t&c's for DD.