End of PCP car is mine!
Discussion
vignamic said:
Thanks all. It was all confirmed by "A" making sure they would not process anything until we signed the paperwork we signed, they paid. So I have been told that as they did that and paid the owed money they have agreed to all the clauses.
Hopefully you are just having a laugh otherwise the legal costs may mount up a bit. Would be interesting to see if this would fall foul of the unfair contract terms legislation and if that covers customer to business clauses or just the other way around.vignamic said:
Hi nyxster, Think you may have been in the sun for to long. If you read UK Law it does say "if someone changes by adding a clause or terms and all agree" then this is a valid contract. All has been signed/paid and agreed and the end of the original contract has long past.
You're not a lawyer are you?As a starter for 10, the V5 means nothing when it comes to ownership.
vignamic said:
Hi nyxster, Think you may have been in the sun for to long. If you read UK Law it does say "if someone changes by adding a clause or terms and all agree" then this is a valid contract. All has been signed/paid and agreed and the end of the original contract has long past.
But they haven't agreed to anything. They've only corrected their mistake, while presumably having a laugh at you attempting to steal their asset. They've signed nothing and the original contract is still in place until the terms have been met, i.e., you pay the final balance or return the car. At some point they'll likely instruct a collection agency to retrieve the car and then take you to court for costs incurred, particularly if they have it lifted without keys.Out of interest, why is the original contract the finance company supplied and all parties signed a legally binding one, but the one supplied by the OP and signed by all parties not worth the paper is was written on?
I don't really think that he'll pull it off, but i'm intrigued as to what make his contract any less enforceable than one from a business
I don't really think that he'll pull it off, but i'm intrigued as to what make his contract any less enforceable than one from a business
I'm confused as to why the finance company owed the OP any money in the first place. A normal PCP is you pay a deposit and monthly payments. Then, at the end of the agreement, you either hand the car back or make a final payment to keep the car.
OP, please explain why the finance company owed you money on a PCP?
OP, please explain why the finance company owed you money on a PCP?
vignamic said:
I have full CCTV on my site where the car is stored and in a garage. If anyone comes on my land then they will be breaking the LAW and the police will be called. In UK law everyone has the right to thier day in court.
98elise said:
vignamic said:
Hi nyxster, Think you may have been in the sun for to long. If you read UK Law it does say "if someone changes by adding a clause or terms and all agree" then this is a valid contract. All has been signed/paid and agreed and the end of the original contract has long past.
You're not a lawyer are you?As a starter for 10, the V5 means nothing when it comes to ownership.
vignamic said:
I have full CCTV on my site where the car is stored and in a garage. If anyone comes on my land then they will be breaking the LAW and the police will be called. In UK law everyone has the right to thier day in court.
Tries to pull a fast one to save 2k at end of PCP, goes to court ends up 200k poorer in legal fees. Good plan.Fill ya boots laddie.
No not a lawer just do a lot of reading and networking. The UK-Law does allow for changes to any contract. Company "A" had the opportunity to block payments "they did not", they had the opportunity to contact us "They did not" they had the opportunity to collect the car "they did not". Maybe one to watch as I am ready to take this to the courts myself as "A" has been proven this time of breaking the Law.
vignamic said:
No not a lawer just do a lot of reading and networking. The UK-Law does allow for changes to any contract. Company "A" had the opportunity to block payments "they did not", they had the opportunity to contact us "They did not" they had the opportunity to collect the car "they did not". Maybe one to watch as I am ready to take this to the courts myself as "A" has been proven this time of breaking the Law.
Are you a freeman of the land too?boyse7en said:
Out of interest, why is the original contract the finance company supplied and all parties signed a legally binding one, but the one supplied by the OP and signed by all parties not worth the paper is was written on?
OP signs contract, company supply car.OP pays payments for four years.
End of contract, OP is sent payment for outstanding balance, slightly short.
OP chases shortfall.
OP fills in form, sends back with scrawled droolings added.
Company send remaining balance.
At what point did the company agree to the OP's additions?
At what point did the original contract get voided?
Hi TooMany2cvs,
What you have described is a normal run PCP without changes without contract amounts that were incorrect. What I am describing is that the terms were changed not picked up by "A" and just agreed. So in law they should not have agreed if they did not like the changes, BUT they had the choice. In the same way if your boss changes your Ts&Cs for your contract you have the choice not to accept it and take it to a tribunal if it goes that far.
What you have described is a normal run PCP without changes without contract amounts that were incorrect. What I am describing is that the terms were changed not picked up by "A" and just agreed. So in law they should not have agreed if they did not like the changes, BUT they had the choice. In the same way if your boss changes your Ts&Cs for your contract you have the choice not to accept it and take it to a tribunal if it goes that far.
Gad-Westy said:
Yep, that's definitely how it works. But I must warn you, if you do not reply to this thread within 30 seconds of me replying, the car will then be mine. 
Sorry OP, by continuing to post on this thread but not respond to this amendment, you must have accepted it. I would advise you tell Gad-Westy where to collect the car before he starts proceedings in the county court.
vignamic said:
What you have described is a normal run PCP without changes without contract amounts that were incorrect.
A simple error which they corrected as soon as they were notified.vignamic said:
What I am describing is that the terms were changed not picked up by "A" and just agreed.
No, they weren't.They simply performed the original contract which they have signed proof that you agreed to.
vignamic said:
So in law they should not have agreed if they did not like the changes
They didn't.vignamic said:
In the same way if your boss changes your Ts&Cs for your contract you have the choice not to accept it and take it to a tribunal if it goes that far.
Terrible analogy.A far better analogy would be that you slipped a note in your boss's desk drawer saying that if they agreed by paying you as normal this month, then you had droit de seigneur over the tasty new lass in the marketing department, with every Monday and Tuesday off work. Why don't you try that, too?
Gassing Station | General Gassing | Top of Page | What's New | My Stuff