New bike finance mistake

New bike finance mistake

Author
Discussion

MaximumJed

Original Poster:

745 posts

233 months

Tuesday 30th June 2009
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Not sure exactly where to put this, but I need some advice so it's going here;

Over the weekend, I bought a nearly new motorbike, along with plenty of accessories, financing the lions share and trading in my old bike as a deposit. The sales guy went over to the finance guy and they played with the figures and gave me a quote of £170 per month over 3 years (this then increased to £190 with the accessories). I was happy with that amount and arranged to collect the bike today.

This afternoon I went down there, signed the finance deal, and returned home pleased with my new purchase. Shortly after I got home (and after the dealer had closed) I got a call from the sales guy saying that they had screwed up, and basically done the finance with a double deposit, meaning I still owed them £1,900 for the bike, and needed to make arrangments to go down there and pay the difference.

Basically I want to know what my rights are in this situation, am I able to reject the bike because the repayment is now going to be a lot more than I was originally quoted, can I tell them where to shove it now I have a signed agreement, or am I now stuck in an unburstable credit agreement while needing to hand over an extra load of money I didn't want to part with?

PH gurus, I need your help!

Ungarsee

371 posts

220 months

Tuesday 30th June 2009
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All credit agreements now days should have a 14 day cooling off period which means that you should be able to return everything and then walk away with no cost to yourself, but my only experience of thIs is normal loans with no vehicle associated. The other thing to possibly argue is that once you and they have signed the credit agreement it is binding for them to contInue with it as signed.

Best bet is to pop into a citizens advice bureau with all the paperwork and get their advice

HRG.

72,857 posts

240 months

Wednesday 1st July 2009
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You should have a copy of the credit agreement with all the figures on it and a receipt. I'd go over the numbers yourself before you do anything.


V8mate

45,899 posts

190 months

Wednesday 1st July 2009
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Ungarsee said:
The other thing to possibly argue is that once you and they have signed the credit agreement it is binding for them to contInue with it as signed.
This ^^.


Tuscanless Ali

2,187 posts

210 months

Wednesday 1st July 2009
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Did you not have an inkling it had been done wrong?

It must have been a pretty nice bike to be costing almost 10k, did you not mentally tot up how much it was going to cost you overall and realise someone had dropped a clanger?

Best thing to do is to phone the dealer, I am sure they would sort something out for you amicably. smile

V8mate

45,899 posts

190 months

Wednesday 1st July 2009
quotequote all
Tuscanless Ali said:
Did you not have an inkling it had been done wrong?

It must have been a pretty nice bike to be costing almost 10k, did you not mentally tot up how much it was going to cost you overall and realise someone had dropped a clanger?

Best thing to do is to phone the dealer, I am sure they would sort something out for you amicably. smile
I don't think he should volunteer to do anything.

He should wait for them to call again. Tell thm that he has been advised that the contract has been made and that he is under no obligation to do anything.

Then, depending on whether he feels he has crossed a moral obligation, he could suggest that he feels a bit bad about it and ask how they could approach the deal so that he doesn't lose the bike.

But they ned to be doing the 'sweet overtones'. If he believed that the deal was correct, he has no legal obligation to tear that contract up at all.

Tuscanless Ali

2,187 posts

210 months

Wednesday 1st July 2009
quotequote all
V8mate said:
Tuscanless Ali said:
Did you not have an inkling it had been done wrong?

It must have been a pretty nice bike to be costing almost 10k, did you not mentally tot up how much it was going to cost you overall and realise someone had dropped a clanger?

Best thing to do is to phone the dealer, I am sure they would sort something out for you amicably. smile
I don't think he should volunteer to do anything.

He should wait for them to call again. Tell thm that he has been advised that the contract has been made and that he is under no obligation to do anything.

Then, depending on whether he feels he has crossed a moral obligation, he could suggest that he feels a bit bad about it and ask how they could approach the deal so that he doesn't lose the bike.

But they ned to be doing the 'sweet overtones'. If he believed that the deal was correct, he has no legal obligation to tear that contract up at all.
Yes a finance deal has been made, but it is the deposit that is in dispute, if the invoice (Which should have the correct price on it) has an E & OE clause on it then the shortfall can be asked for.

If the bike is no longer wanted then I think the best thing to do would be to call the dealer and settle it amicably.

randlemarcus

13,531 posts

232 months

Wednesday 1st July 2009
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http://whatconsumer.co.uk/consumer-credit-act-righ... might help.
The way i read it, the dealer is the intermediary, so clause 3 applies. Which gives you the right to walk away. Whether you actually want to is a different matter...

Tuscanless Ali

2,187 posts

210 months

Wednesday 1st July 2009
quotequote all
randlemarcus said:
http://whatconsumer.co.uk/consumer-credit-act-righ... might help.
The way i read it, the dealer is the intermediary, so clause 3 applies. Which gives you the right to walk away. Whether you actually want to is a different matter...
The loan is not for a financial product or service though.

I still think the best way is to phone the dealer and sort it out amicably.

V8mate

45,899 posts

190 months

Thursday 2nd July 2009
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randlemarcus said:
http://whatconsumer.co.uk/consumer-credit-act-righ... might help.
The way i read it, the dealer is the intermediary, so clause 3 applies. Which gives you the right to walk away. Whether you actually want to is a different matter...
Yeah - and had the OP got home, had a crisis, decided he couldn't really afford a new bike and took it back thinking he had a 'cooling off period', how quickly do you think their response would have been "Sorry, you signed it on business premises, there is no cooling off period, tough"?

This is the bike shop's problem. The OP should use his own moral compass to decide what to do, but would be a fool if he didn't make them work for the settlement. He is on solid ground.

Eric Mc

122,173 posts

266 months

Thursday 2nd July 2009
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I always thought that a mistake on a contract invalidates the contract.

The deal needs to be renegotiated or the bike handed back and all monies refunded to the buyer.

MaximumJed

Original Poster:

745 posts

233 months

Thursday 2nd July 2009
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haworthlloyd1 said:
also, i hate to say this but don't be so randy to buy something you blindly sign without reading it. lesson learnt.
Yup, I should have checked the finance agreement over more carefully, I think that I confused the total repayment with the total goods value. Lesson probably not learnt because I'll have forgotten this happened by the next time!

V8mate said:
randlemarcus said:
http://whatconsumer.co.uk/consumer-credit-act-righ... might help.
The way i read it, the dealer is the intermediary, so clause 3 applies. Which gives you the right to walk away. Whether you actually want to is a different matter...
Yeah - and had the OP got home, had a crisis, decided he couldn't really afford a new bike and took it back thinking he had a 'cooling off period', how quickly do you think their response would have been "Sorry, you signed it on business premises, there is no cooling off period, tough"?

This is the bike shop's problem. The OP should use his own moral compass to decide what to do, but would be a fool if he didn't make them work for the settlement. He is on solid ground.
According to the finance agreement there are no cancellation rights, and no mention of a cooling off period. Morally, I feel that I should pay the extra, we agreed a price verbally for the bike and accessories (I don't have all the accessories yet btw) and it turns out that I haven't paid all of that. However, the dealer is being very pushy about getting me down there to sort out a new agreement, so I have asked a friendly lawyer to check it over and see where I stand.

Simian Dave

2,101 posts

257 months

Thursday 2nd July 2009
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The CCA covers (nearly) all loans and is regulated by the OFT (http://www.oft.gov.uk/).
There should be a KFI with the loan agreement to state your cancellation rights, but you probably won't get them as you signed at the garage.

I hate the fact that a consumer on a trading location with high pressure sales people don't get the same consumer rights as one buying from a distance!

Check what you have actually given them, is still owing and what the fianance package covers and compare that to what you have and what you are still waiting for. Depending on how you feel about it and what is outstanding from both parties decides what to do - I'd agree with V8Mate and stand your ground, but this can quickly become something that hangs around, eats your time and means you enjoy the bike less, so you may want to work out how much that is worth to you.