Mis sold used car. Advice please.
Discussion
No.
You have to have a reason for rejecting the vehicle.
If it was mis advertised like missing features then yes, they would reject it.
Proving clocked mileage- which i have tried, and Merc saying its genuine according to their diagnostics.
The fact that the dealer did not tell me the cars history does not matter to them, as i signed.
I can keep it and insure it and just be pissed off that i was lied to
or leave it parked on the drive while i fight it and rent another car at my cost.
I have spoken to the financial ombudsman who has opened a case, i need to send him the letter stating that MotoNova will not assist with my claim and then he can move it forward.
I phoned the garage, and recorded it from my friends phone on video so it showed the number,
I have him stating that he would return the vehicle and refund me if the finance company say its ok.
But vehicle quality is now closed for the weekend, and i doubt the recording will make any difference to the financial ombudsman probably only a paid solicitor.
Stuck.
You have to have a reason for rejecting the vehicle.
If it was mis advertised like missing features then yes, they would reject it.
Proving clocked mileage- which i have tried, and Merc saying its genuine according to their diagnostics.
The fact that the dealer did not tell me the cars history does not matter to them, as i signed.
I can keep it and insure it and just be pissed off that i was lied to
or leave it parked on the drive while i fight it and rent another car at my cost.
I have spoken to the financial ombudsman who has opened a case, i need to send him the letter stating that MotoNova will not assist with my claim and then he can move it forward.
I phoned the garage, and recorded it from my friends phone on video so it showed the number,
I have him stating that he would return the vehicle and refund me if the finance company say its ok.
But vehicle quality is now closed for the weekend, and i doubt the recording will make any difference to the financial ombudsman probably only a paid solicitor.
Stuck.
Edited by AReading on Friday 3rd March 19:41
User33678888 said:
What makes you think you need a reason?
The dealer has agreed to take it back.
You'll cancel the finance agreement as it's no longer required as you won't have the car any more.
The finance co will then likely bill you for x days interest on the 15k.
What am I missing?
Dealer has agreed to take the car back on the basis the finance company say ok, which they are not saying ok, they are saying no on the basis the car is not faulty.The dealer has agreed to take it back.
You'll cancel the finance agreement as it's no longer required as you won't have the car any more.
The finance co will then likely bill you for x days interest on the 15k.
What am I missing?
I can try and take it to a higher level, maybe ask to speak to managers etc, can't see them changing it though.
however the 26k mileage is true according to Mercedes, so the only thing I can fight is the history.
The previous owner would have owned it for one year, and clocked 13k miles on it. So not really a very serious taxi driver, has done 1.4k miles since its last major service.
Mercedes said likely to of been a back up vehicle or something like that. Hence low mileage, and only being used with a taxi license for 10 months since the licence is still active.
It has had two services, both of which were the major servicing, mileage adds up there and on the machines.
It wasn't 15, it was 18, i wish it was 15!
I have cancelled two finance agreements when explaining to the finance company that 1) I was rejecting the car. And 2) that I was going to pay the dealer for the morotbike directly.
With the bike I even had it in my possesion with a cancelled finance agreement! I had to reluctantly ring the dealer and pay haha.
With the bike I even had it in my possesion with a cancelled finance agreement! I had to reluctantly ring the dealer and pay haha.
Timbuktu said:
I have cancelled two finance agreements when explaining to the finance company that 1) I was rejecting the car. And 2) that I was going to pay the dealer for the morotbike directly.
With the bike I even had it in my possesion with a cancelled finance agreement! I had to reluctantly ring the dealer and pay haha.
Quite.With the bike I even had it in my possesion with a cancelled finance agreement! I had to reluctantly ring the dealer and pay haha.
It's why this has to be BS.
Private buyers have statutory rights with regard to cancelling finance agreements. Many have done it just to get 'deposit contribution' discounts on new cars and then paid off the finance. The OP has every right to cancel the finance agreement. The dealer will then have to pay them back.
http://www.which.co.uk/consumer-rights/advice/i-wa...
Cooling off periods
Under the Consumer Credit Act you have 14 days to withdraw from a credit or loan agreement. The legislation applies to all credit agreements, whether made in person, on the internet or over the phone.
Your right to withdraw from a loan agreement is extended to all agreements falling within the Directive, as well as hire purchase agreements, pawn broking agreements, and business loans below £25,000. The right to withdraw doesn't apply to loans above £60,260.
If you think the loan provider has done something wrong, you can refer your complaint to the Financial Ombudsman Service.
Notice to cancel a contract
Notice of withdrawal can be given in writing or verbally, but you will have to repay the capital and interest accrued between taking out the loan and repayment.
The 14 day cooling-off period runs from the day the agreement is concluded or if later, from when you receive a copy of the agreement or, notification of the credit limit on a credit card.
While you can withdraw from the credit agreement, the contract for the item or service itself won't be affected.
So if you use credit to finance the purchase of a car, for example, you can withdraw from the credit agreement but you would still need to pay for the car because you have entered into a contract with the car dealer to purchase a car.
Cooling off periods
Under the Consumer Credit Act you have 14 days to withdraw from a credit or loan agreement. The legislation applies to all credit agreements, whether made in person, on the internet or over the phone.
Your right to withdraw from a loan agreement is extended to all agreements falling within the Directive, as well as hire purchase agreements, pawn broking agreements, and business loans below £25,000. The right to withdraw doesn't apply to loans above £60,260.
If you think the loan provider has done something wrong, you can refer your complaint to the Financial Ombudsman Service.
Notice to cancel a contract
Notice of withdrawal can be given in writing or verbally, but you will have to repay the capital and interest accrued between taking out the loan and repayment.
The 14 day cooling-off period runs from the day the agreement is concluded or if later, from when you receive a copy of the agreement or, notification of the credit limit on a credit card.
While you can withdraw from the credit agreement, the contract for the item or service itself won't be affected.
So if you use credit to finance the purchase of a car, for example, you can withdraw from the credit agreement but you would still need to pay for the car because you have entered into a contract with the car dealer to purchase a car.
User33678888 said:
The dealer will then have to pay them back.
The dealer did not borrow any money from the finance company, the purchaser did. Therefore if you cancel the agreement it is the purchaser which has to pay the finance company back. You're right that this can be used to get "deposit contributions" but in those cases it is still the purchaser who cancels the agreement and pays it off.
edo said:
You have this the wrong way round.
Dealer has agreed to take the car back. Call finance, tell them dealer is taking it back and the finance needs cancelling/paying off. No discussion required.
Go and buy another car.
Do more research on the next one.
The end.
As I read it the dealer will only take the car back if the Finance Company tells them they have to, which they are not doing.Dealer has agreed to take the car back. Call finance, tell them dealer is taking it back and the finance needs cancelling/paying off. No discussion required.
Go and buy another car.
Do more research on the next one.
The end.
AReading said:
No.
You have to have a reason for rejecting the vehicle.
If it was mis advertised like missing features then yes, they would reject it.
Proving clocked mileage- which i have tried, and Merc saying its genuine according to their diagnostics.
The fact that the dealer did not tell me the cars history does not matter to them, as i signed.
I can keep it and insure it and just be pissed off that i was lied to
or leave it parked on the drive while i fight it and rent another car at my cost.
I have spoken to the financial ombudsman who has opened a case, i need to send him the letter stating that MotoNova will not assist with my claim and then he can move it forward.
I phoned the garage, and recorded it from my friends phone on video so it showed the number,
I have him stating that he would return the vehicle and refund me if the finance company say its ok.
But vehicle quality is now closed for the weekend, and i doubt the recording will make any difference to the financial ombudsman probably only a paid solicitor.
Stuck.
No you don't, you have a legal cooling off period that allows you to back out of any deal.You have to have a reason for rejecting the vehicle.
If it was mis advertised like missing features then yes, they would reject it.
Proving clocked mileage- which i have tried, and Merc saying its genuine according to their diagnostics.
The fact that the dealer did not tell me the cars history does not matter to them, as i signed.
I can keep it and insure it and just be pissed off that i was lied to
or leave it parked on the drive while i fight it and rent another car at my cost.
I have spoken to the financial ombudsman who has opened a case, i need to send him the letter stating that MotoNova will not assist with my claim and then he can move it forward.
I phoned the garage, and recorded it from my friends phone on video so it showed the number,
I have him stating that he would return the vehicle and refund me if the finance company say its ok.
But vehicle quality is now closed for the weekend, and i doubt the recording will make any difference to the financial ombudsman probably only a paid solicitor.
Stuck.
Edited by AReading on Friday 3rd March 19:41
The finance company and the car dealer and not linked intrinsically, you have finance because you bought the car, you don't have the car because you bought finance.
You return the car, the finance contract is cancelled, you pay interest on the 'x' days, simple.
The finance company is dragging this out as A) you lose some rights after 14 days (my understanding), B) I assume you have taken dealer finanace at a ridiculous 12,9% (appx) and as such you are exactly financalliay astute and now they will make an ice little earner if you keep the finance package.
You are making this extremely difficult, drive back to the dealer and return the car it is that simple, I've no idea why you are trying to manage via the finance company.
Trexthedinosaur said:
No you don't, you have a legal cooling off period that allows you to back out of any deal.
You have a legal cooling off period for the finance, yes, but there is no cooling off period for the contract to buy the car (unless bought via distance selling). So, yes, you could cancel the finance contract and pay it off but you're still stuck with the car. The issue is whether the seller will take the car back which they are flatly refusing to do so.
The only "get out" the buyer has here is that it was a registered taxi for 10 months. Other than that the car appears to meet all the contract criteria. The question is whether the fact that the car was registered as such makes a material difference or the buyer can show material loss - that, ultimately, could be for the buyer to prove unless the finance company agrees.
So, unless:
(a) The seller agrees it was mis-sold and agrees to take it back and pay off the finance
or
(b) the finance company agrees it was mis-sold and tells the buyer to return the car and demands repayment from the seller
if the finance is cancelled the finance company will demand full and immediate payment from the buyer.
I'll be honest, I'm not really seeing the big problem here.
Ok initially when it was thought to be clocked the issue was obvious but now it's been proven t have genuine mileage, service history and the correct spec, and is presumably in reasonable condition for its age why do you not want to keep the car.
As far as I can see there's nothing wrong with it, and you don't appear to have been taken for a ride particularly.
Ok initially when it was thought to be clocked the issue was obvious but now it's been proven t have genuine mileage, service history and the correct spec, and is presumably in reasonable condition for its age why do you not want to keep the car.
As far as I can see there's nothing wrong with it, and you don't appear to have been taken for a ride particularly.
Super Slo Mo said:
I'll be honest, I'm not really seeing the big problem here.
Ok initially when it was thought to be clocked the issue was obvious but now it's been proven t have genuine mileage, service history and the correct spec, and is presumably in reasonable condition for its age why do you not want to keep the car.
As far as I can see there's nothing wrong with it, and you don't appear to have been taken for a ride particularly.
This is what I was thinking, well serviced car with genuine mileage and you know it will not have been thrashed.Ok initially when it was thought to be clocked the issue was obvious but now it's been proven t have genuine mileage, service history and the correct spec, and is presumably in reasonable condition for its age why do you not want to keep the car.
As far as I can see there's nothing wrong with it, and you don't appear to have been taken for a ride particularly.
Dolf Stoppard said:
As above. It seems to be a low mileage car with the features you want. From what you've said its going to be a motorway cruiser - just get on and drive it. If there are any immediate issues get the dealer to sort them. Looks like a perfectly good buy to me.
I am keeping it.I feel comfortable that Mercedes have warranted the mileage.
And I needed something low mileage that (hopefully) won't break down on me, and will last me a few years.
Although it is due an MOT. I'm assuming I have to keep up with the MOT history?
It's due next week, i will take it to the garage i bought it from to do it.
Trexthedinosaur said:
AReading said:
No.
You have to have a reason for rejecting the vehicle.
If it was mis advertised like missing features then yes, they would reject it.
Proving clocked mileage- which i have tried, and Merc saying its genuine according to their diagnostics.
The fact that the dealer did not tell me the cars history does not matter to them, as i signed.
I can keep it and insure it and just be pissed off that i was lied to
or leave it parked on the drive while i fight it and rent another car at my cost.
I have spoken to the financial ombudsman who has opened a case, i need to send him the letter stating that MotoNova will not assist with my claim and then he can move it forward.
I phoned the garage, and recorded it from my friends phone on video so it showed the number,
I have him stating that he would return the vehicle and refund me if the finance company say its ok.
But vehicle quality is now closed for the weekend, and i doubt the recording will make any difference to the financial ombudsman probably only a paid solicitor.
Stuck.
No you don't, you have a legal cooling off period that allows you to back out of any deal.You have to have a reason for rejecting the vehicle.
If it was mis advertised like missing features then yes, they would reject it.
Proving clocked mileage- which i have tried, and Merc saying its genuine according to their diagnostics.
The fact that the dealer did not tell me the cars history does not matter to them, as i signed.
I can keep it and insure it and just be pissed off that i was lied to
or leave it parked on the drive while i fight it and rent another car at my cost.
I have spoken to the financial ombudsman who has opened a case, i need to send him the letter stating that MotoNova will not assist with my claim and then he can move it forward.
I phoned the garage, and recorded it from my friends phone on video so it showed the number,
I have him stating that he would return the vehicle and refund me if the finance company say its ok.
But vehicle quality is now closed for the weekend, and i doubt the recording will make any difference to the financial ombudsman probably only a paid solicitor.
Stuck.
Edited by AReading on Friday 3rd March 19:41
The finance company and the car dealer and not linked intrinsically, you have finance because you bought the car, you don't have the car because you bought finance.
You return the car, the finance contract is cancelled, you pay interest on the 'x' days, simple.
The finance company is dragging this out as A) you lose some rights after 14 days (my understanding), B) I assume you have taken dealer finanace at a ridiculous 12,9% (appx) and as such you are exactly financalliay astute and now they will make an ice little earner if you keep the finance package.
You are making this extremely difficult, drive back to the dealer and return the car it is that simple, I've no idea why you are trying to manage via the finance company.
MotoNovo is a trading name of First Rand Bank South Africa with a call centre outfit in Cardiff.
Edited by nct001 on Sunday 5th March 17:33
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