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Wondering if anyone can help me!

 

Last week I went to a VW garage and was pushed into buying a car. Was told the details etc and it seemed a good deal. I signed just the order form and paid a £250 deposit that I was told would be refunded if the credit was declined. I went away and the next day I had a email saying that the finance lender needs a guarantor which i gave and was declined again. He gave me two options which were to either go through another lender (higher interest) or submit someone else for the loan. At this point I was having second thoughts, I also worked out the figures and realised I was paying a lot more than expected for the car. I also had my hours cut at work and would not be able to afford the monthly payments. Before I had a chance to reply, I received another email saying that he had put me though another lender with the same interest and it had gone through. I replied stating my circumstances and requested to cancel the order.

 

I had heard nothing from him so I emailed again today and asked how I get my deposit back etc. He replied stating that he has received no emails and that I have signed a binding contract to purchase the car and that they do not accept cancelations. No where did he show me any terms and conditions about this, nor did he say I could not cancel. I have not signed any finance forms, only an order form. What can i do as I feel like I have been bullied into buying this car.

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Does the order form show any Terms and Conditions?

 

It does. "This document contains the terms of a contract. Sign it only if you wish to be legally bound by them. Attention is drawn to the terms and conditions and in particular to clauses which relate to acceptance of any part exchange vehicle"

There is then a signature of supplier then signature of buyer. Underneath that it says "We agree to purchase this vehicle subject to the terms and conditions in reliance upon the information provided by the supplier."

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Check for a cancellation clause. There should be one.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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So do the Terms and Conditions say the deposit is non refundable?

 

I don't think anybody can force you into a purchase you don't want and they'd be pretty foolish to try and enforce a purchase. I worked in the motor-trade for many years so will try and help.

is this for a new car purchase or used?

Do they have the vehicle in stock?

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So do the Terms and Conditions say the deposit is non refundable?

 

I don't think anybody can force you into a purchase you don't want and they'd be pretty foolish to try and enforce a purchase. I worked in the motor-trade for many years so will try and help.

is this for a new car purchase or used?

Do they have the vehicle in stock?

 

Hi, thanks I really appreciate it!

 

No where in the order form they gave me does it say it is non refundable. Its just the terms stated above. It is for an ex demo car so it has been used by the VW group since March. The vehicle is in stock yes.

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ok, so as above, they can't force you to purchase, invite them to take you to court...lol

They should refund as no cancellation clause.

If they have had any expenditure in preparing the car it might be reasonable to expect you to pay for that , but it would be arguable that no expense should be incurred until they are 100% sure the sale will go through.

He gave me two options which were to either go through another lender (higher interest) or submit someone else for the loan. did you agree to this or did the salesman go ahead without your agreement?

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ok, so as above, they can't force you to purchase, invite them to take you to court...lol

They should refund as no cancellation clause.

If they have had any expenditure in preparing the car it might be reasonable to expect you to pay for that , but it would be arguable that no expense should be incurred until they are 100% sure the sale will go through.

He gave me two options which were to either go through another lender (higher interest) or submit someone else for the loan. did you agree to this or did the salesman go ahead without your agreement?

 

Yeah exactly thats what I thought! I have more details at home but I'm pretty sure there are no other terms.

 

I replied to him saying that i did not want to go though another lender as I wouldn't be able to afford higher payments. I gave him another guarantor but that was declined also. He then called me and said it had gone through another lender and could I bring down proof of address etc and for me to sign the finance forms. I said I would see what I have (my driving licence address is different etc)

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so he put it to another lender despite you telling him not to ? I'm taking it that you didn't give him ID or sign new documents ?

 

In the 1st instance you could try to email the Dealer Principle and explain the full circumstances.

(Usually the salesman are trained to absolutely not accept cancellations, which of course is completely unreasonable )

But a nice polite contact made to the DP should get you your money back...if that doesn't work then ask them to justify why they are keeping your deposit as you have no documentation to say that they have that right.

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so he put it to another lender despite you telling him not to ? I'm taking it that you didn't give him ID or sign new documents ?

 

In the 1st instance you could try to email the Dealer Principle and explain the full circumstances.

(Usually the salesman are trained to absolutely not accept cancellations, which of course is completely unreasonable )

But a nice polite contact made to the DP should get you your money back...if that doesn't work then ask them to justify why they are keeping your deposit as you have no documentation to say that they have that right.

 

Basically it was declined, i said no to another lender because the monthly payments would go up, he went ahead and put it through another lender however the price stays the same. I gave him my ID at the beginning which was for a test drive but that was it. I have not signed any further finance details.

 

Sorry who is the DP? Do you mean the manager of the branch? Should I email back the sales guy?

 

Out of curiosity, even if it did all go through the original lender and got accepted in the first place, do i still have the option to cancel?

Thanks for all your help!

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DP = dealer principle, head of the dealership.

So in your complaint you state that it was declined and you then decided not to proceed but the salesman put it to another lended without your permission. The price of the loan wouldn't have stayed the same because of the higher interest rate.

I think you always have an option to cancel a finance decision but you actually have cancelled the car so therefore no finance needed. Ithe real issue is the cancellation of the order form - you no longer want /can afford the car . They knew the situation by the fact that you were declined credit on their first attempt .

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