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Motonovo / Cars and Vans R us - withholding deposit


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Hi,

I have an issue with Motonovo finance I'm hoping I can get some advice on.

 

A couple of weeks ago we put a deposit down on a van with a dealer called Cars and Vans R us,

 

we didn't actually see the van

they said they were internet based only

that all their vans are ex contract 1 owner,

and at a different depot blah blah blah,

 

they have a large presence on ebay and

offer a money back gaurantee if you are not happy

we felt happy to proceed.

 

They also arranged finance for us with Motonovo,

they bought the papers to our house to sign

 

five days later delivered the van,

I was not happy with the condition

they took it away to work on over the weekend bought it back on the monday

 

however I was still not happy with it

refused it and rang Motonovo straight away to cancel the agreement, so far not so good.

 

We found an alternative van at another dealers and set about getting the finance sorted,

we thought we were all set then Motonovo turned around and said they wouldn't release the funds on the new van

because Cars and Vans R Us were withholding the original advance

and the deal couldn't progress until the funds had been recovered.

 

Is this standard procedure

 

can they really penalise us because one of thier 'preferred dealers' won't give the money back,

what happens if he never gives it back?

Will we be liable?

 

The dealer also claims he's now sold the van.

 

Because of our circumstances we are limited to the funding options open to us

otherwise we'd walk away and because they told us we were good to go I put a £300 deposit on the second vehicle.

 

Feeling annoyed, foolish and embarrased in equal measures at the mo'

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Hi,

Sorry for the double post, I logged in using my old account by mistake. Mods please feel free to delete the other thread.

 

I have an issue with Motonovo finance I'm hoping I can get some advice on.

 

A couple of weeks ago we put a deposit down on a van with a dealer called Cars and Vans R us, we didn't actually see the van they said they were internet based only and that all their vans are pristine ex contract 1 owner, at a different depot blah blah blah,

The dealer has a large presence on ebaylink3.gif and offer a money back guarantee if you are not happy so we felt happy to proceed.

(In hindsight now when I look at all the ads none of them show the reg plates and seem to be pictures of the same vans used over)

 

They also arranged finance for us with Motonovo, and

they bought the papers to our house to sign.

Five days later they delivered the van.

I was not happy with the condition, dirty, dents on roof, residue from vinyl signage only one key etc so they took it away to work on over the weekend. I explained I would not buy the vehicle if I was not 100% happy with it and at 11,500 inc VAT I felt I was justified in expecting a 'pristine' vehicle as their ad boasts.

 

When they returned the vehicle on the Monday I was still not happy with it so

refused it and rang Motonovo straight away to cancel the agreement, so far not so good.

 

After a bit of arguing Cars and Vans have sent us a cheque for the deposit, and a bill for as they say two aborted delivery attempts. The cheque has been paid in and we are now keeping our fingers crossed it clears.

 

We found an alternative van at another dealers and set about getting the finance sorted,

we thought we were all set then Motonovo turned around and said they wouldn't release the funds on the new van because Cars and Vans R Us were withholding the original advance

and the deal couldn't progress until the funds had been recovered.

 

Is this standard procedure?

Can they really penalise us because one of their 'preferred dealers' won't give the money back,

what happens if he never gives it back?

Will we be liable?

 

The dealer also claims he's now sold the van.

 

Because of our circumstances we are limited to the funding options open to us

otherwise we'd walk away and because they told us we were good to go I put a £300 deposit on the second vehicle.

 

We are now 2 weeks on from refusing the original van and cancelling the first contract and still have not progressed, Motonovo say they still have not received the money back from the dealer but seem quite happy to just sit back and do nothing.

 

Feeling annoyed, foolish and embarrassed in equal measures at the mo'

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I added line spacing.

 

 

how did you pay the deposit?

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks for the help.

Deposit was paid with a debit card.

Biggest sticking point for us though is that Motonovo seem to be penalising us for their dealers misconduct.

Has my other account (steve63) been deleted now?

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Has my other account (steve63) been deleted now?

 

I cannot find an account steve63 !

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:)

Have we helped you ...?         Please Donate button to the Consumer Action Group

Uploading documents to CAG ** Instructions **

Looking for a draft letter? Use the CAG Library

Dealing with Customer Service Departments? - read the CAG Guide first

1: Making a PPI claim ? - Q & A's and spreadsheets for single premium policy - HERE

2: Take back control of your finances - Debt Diaries

3: Feel Bullied by Creditors or Debt Collectors? Read Here

4: Staying Calm About Debt  Read Here

5: Forum rules - These have been updated - Please Read

BCOBS

1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

3: Banking Conduct of Business Regulations - The Hidden Rules

4: BCOBS and Unfair Treatment - Common Examples of Banks Behaving Badly

5: Fair Treatment for Credit Card Holders and Borrowers - COBS

Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

PLEASE DO NOT ASK ME TO GIVE ADVICE BY PM - IF YOU PROVIDE A LINK TO YOUR THREAD THEN I WILL BE HAPPY TO OFFER ADVICE THERE:D

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why cant you get the deposit back via chargeback then and stuff the dealer

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Yes, do a chargeback and use another finance house, you don't have to stick with that one.

 

 

There is no such thing as an internet only car company, any car company that tries that on are just out to rip you off. All cars 'must' be inspected before you take delivery or sign anything, and they should be taken for a test drive of a minimum ten miles to include dual carriageway/motorway.

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Thanks for the input guys.

 

The deposit isn't my main concern with this, the cheque was paid in over a week ago now, how long until it's safe to consider it good?

 

Can Motonovo hold the outstanding debt (£9400) against us in any way? We never signed for the vehicle or took delivery, we signed finance papers only and we cancelled this agreement within the 14 days.

 

Although we have emailed them and spoken to them countless times on the phone we have not actually recieved anything in writing to say the contract is cancelled, should we have? If so is there any statute I can quote them in order to force them to actually take action?

 

The broker that is trying to set up the finance now says she cannot do anything because that contract is still showing as live, so even if we wanted to go to someone else it looks like we cant because of this live agreement.

 

From the (very limited) info Motonovo are giving us the dealer still hasn't returned the money, they keep fobbing us off and being vague, whenever my wife talks to them he only gets as far as a phone operator and even though she asks they wont put her onto a manager.

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Do not speak to them on the phone or attempt to. As you will have now realised, it gets you nowhere.

Write to them with a demand for payment by five working days and send it by recorded delivery.

 

 

If they haven't responded by the end of the fifth working day, send them the demand again headed in bold, Letter Before Action. Tell them they have a further five working days and if payment is not made by the fifth working day, action will be taken without any further notice. You can also let them know that your court claim will also include 8% statutory interest and the court fees.

 

 

Do this now, today, don't wait any longer. Mind if you wont be prepared to go to court, then don't threaten it.

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Conniff, thank you for the input.

Who am I taking to court?

The dealer? He has sent the £500 cheque which is now clearing in the bank.

Motonovo? What do I threaten them with? As far as we are concerned the agreement is cancelled the contract/dispute is now between them and the dealer. I just want Motonovo to get off their arses and get the issue resolved so we can move forward either with Motonovo or without them. Should Motonovo have sent us a cancellation confirmation?

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Sorry Steve, I think I misread there.

 

Write to the finance company (recorded) and request a cancellation notice by return.

 

A cheque is good as it is a promissory note which say 'I owe this person this amount of money'. It is available for you to draw on the 6th day, on that day the funds cannot be taken from your account even if the cheque is returned unpaid.

Edited by Conniff
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