Stocking finance not being paid off

Stocking finance not being paid off

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Discussion

Krzysiekw95

Original Poster:

10 posts

61 months

Thursday 25th April 2019
quotequote all
Hello guys, I purchased a car in January

Part ex my old car with 7k left on finance, been given 7k value for my car so dealership was happy to settle my finance

Was happy to take 18k new finance for new car .

Sales guy/ manager as well made massive mistake and took off 7k ( included part ex ) into price of new car and instead of accepting me for 18k finance only done for 11k .

After driving away dealership realised what happened, call me back to get this sorted.
Said that is no problem I'm happy to get it sorted but want something in return for putting me in this situation, been offered money off which I was happy with,

They meant to get back to me with new paper work, and it's been now over 2 months dealership is not responding to me...
They have gave back 11k back to the finance company they took first finance.

Now I'm only left with paying for my old car ( don't want to get in trouble for not paying and letting That affect my credit rating) and my new car not being paid for, done hpi check and only stocking finance is on the car " for 4 months "

Unsure where I'm standing at in this situation.

What I'm entitled to in this situation?

TonyRPH

12,977 posts

169 months

Thursday 25th April 2019
quotequote all
Krzysiekw95 said:
<snip>

What I'm entitled to in this situation?
Why do you feel you should be entitled to anything?

Have you been back in touch with the dealer to sort it out?


Monkeylegend

26,471 posts

232 months

Thursday 25th April 2019
quotequote all
I'm confused.

Krzysiekw95

Original Poster:

10 posts

61 months

Thursday 25th April 2019
quotequote all
TonyRPH said:
Why do you feel you should be entitled to anything?

Have you been back in touch with the dealer to sort it out?
Yes tried to contact them on multiple occasions but , no replies or calls back.. .

Asked a lawyer to speak to them and they not responding to him either

DavidJJ

192 posts

157 months

Thursday 25th April 2019
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One Billion Pounds.

Wooda80

1,743 posts

76 months

Thursday 25th April 2019
quotequote all
The stocking plan is the dealer's own finance agreement to fund their stock. They wouldn't be able to set up a stocking plan for the dealer on this car unless unless your old finance agreement had been settled.

You can check that your old finance agreement has been settled by ringing your old finance company and asking them. If this is the case then you do not need to continue to make payments on the old car.

Edited to add: From what you say, it seems that you still owe the garage £18000 for your new car. I appreciate that this is not your fault, but I am surprised that the garage is not responding in this situation!

Edited by Wooda80 on Thursday 25th April 19:54


Edited by Wooda80 on Thursday 25th April 19:55

Krzysiekw95

Original Poster:

10 posts

61 months

Thursday 25th April 2019
quotequote all
Wooda80 said:
The stocking plan is the dealer's own finance agreement to fund their stock. They wouldn't be able to set up a stocking plan for the dealer on this car unless unless your old finance agreement had been settled.

You can check that your old finance agreement has been settled by ringing your old finance company and asking them. If this is the case then you do not need to continue to make payments on the old car.

Edited to add: From what you say, it seems that you still owe the garage £18000 for your new car. I appreciate that this is not your fault, but I am surprised that the garage is not responding in this situation!

Edited by Wooda80 on Thursday 25th April 19:54


Edited by Wooda80 on Thursday 25th April 19:55
They have not settled my old car finance as I'm in contact with the finance company.
Yes me too, I thought they be desperate to resolve this asap , so I just thought I ask more and find out more , maybe somebody ever been in similar situation

ruhall

506 posts

147 months

Thursday 25th April 2019
quotequote all
Trying to clarify, you took out £11k finance on the new car, rather than the £18k you expected, due to the garage's error. However, they haven't paid off your original finance, as they said they would. Is that correct?

If that is the case, it would appear that you still owe £18k in total, however, not to whom you expected. You might wish to contact the original finance company to resolve that issue first. What are you entitled to? Probably 'not a lot' but you need to sort the finance on the px car.

The garage might not be responding as it seems that they might have taken their own action, ie not paying off your finance, to ensure that they weren't out of pocket to the tune of £7k.

Have I misunderstood the situation?

Trevor555

4,457 posts

85 months

Thursday 25th April 2019
quotequote all
So if I've followed this correctly.

You're driving around in an £18,000 car that's not yet been paid for.

And you're still paying for your old £7,000 car that's in the dealerships possession?

It's odd that the dealer isn't trying to resolve this.

My first worry for you is that the dealer might try and snatch the car back from you and return your old car.

Not exactly sure of the legal position of that, but if you haven't paid for your new car they still own it, surely?

Krzysiekw95

Original Poster:

10 posts

61 months

Thursday 25th April 2019
quotequote all
ruhall said:
Trying to clarify, you took out £11k finance on the new car, rather than the £18k you expected, due to the garage's error. However, they haven't paid off your original finance, as they said they would. Is that correct?

If that is the case, it would appear that you still owe £18k in total, however, not to whom you expected. You might wish to contact the original finance company to resolve that issue first. What are you entitled to? Probably 'not a lot' but you need to sort the finance on the px car.

The garage might not be responding as it seems that they might have taken their own action, ie not paying off your finance, to ensure that they weren't out of pocket to the tune of £7k.

Have I misunderstood the situation?
Yes you understand right, but the problem is I'm trying to contact them get it solved as I want to avoid having car taken away from me.
Spoke to finance for my part ex and they said they can't push dealership to pay it off,

I'm aware and ready to start paying for the car as that was my intention when buying it . Just the problem is they not responding.

I have a lawyer starting on this case , but want to get as much possible information on this situation as possible .

Krzysiekw95

Original Poster:

10 posts

61 months

Thursday 25th April 2019
quotequote all
Trevor555 said:
So if I've followed this correctly.

You're driving around in an £18,000 car that's not yet been paid for.

And you're still paying for your old £7,000 car that's in the dealerships possession?

It's odd that the dealer isn't trying to resolve this.

My first worry for you is that the dealer might try and snatch the car back from you and return your old car.

Not exactly sure of the legal position of that, but if you haven't paid for your new car they still own it, surely?
Correct, but spoke to few business managers about this from different dealership they unable to take car away from me legally, due to their mistake.

From what I read as the car is having " stock finance " the finance company will chase them not my self, as under my name there is no finance on this car.

Generally it's a big mess&#128554;

Trevor555

4,457 posts

85 months

Thursday 25th April 2019
quotequote all
Krzysiekw95 said:
I have a lawyer starting on this case , but want to get as much possible information on this situation as possible .
You don't need a lawyer, you just need to go into the garage to sign the finance paperwork and finalise the deal accepting they just made a mistake.

If you're not prepared to do that, what are you expecting to happen next?

snake_oil

2,039 posts

76 months

Thursday 25th April 2019
quotequote all
Monkeylegend said:
I'm confused.
Why? Easy as pie.

https://youtu.be/y6QgHUJIQ5Q

Krzysiekw95

Original Poster:

10 posts

61 months

Thursday 25th April 2019
quotequote all
Trevor555 said:
Krzysiekw95 said:
I have a lawyer starting on this case , but want to get as much possible information on this situation as possible .
You don't need a lawyer, you just need to go into the garage to sign the finance paperwork and finalise the deal accepting they just made a mistake.

If you're not prepared to do that, what are you expecting to happen next?
I am prepared to sign new deal, no point me going there if they don't have paper work ready for me, as they don't want to speak to me on the phone when trying to find out when new deal be ready

Trevor555

4,457 posts

85 months

Thursday 25th April 2019
quotequote all
Krzysiekw95 said:
Trevor555 said:
Krzysiekw95 said:
I have a lawyer starting on this case , but want to get as much possible information on this situation as possible .
You don't need a lawyer, you just need to go into the garage to sign the finance paperwork and finalise the deal accepting they just made a mistake.

If you're not prepared to do that, what are you expecting to happen next?
I am prepared to sign new deal, no point me going there if they don't have paper work ready for me, as they don't want to speak to me on the phone when trying to find out when new deal be ready
Then you don't need a lawyer.

You might find that the sales person has been sacked, or has left realizing the mistake, and has binned the file for the car?

Just go in and see them, or call them if you're not local.

If it's a large dealership it might just be that no one wants to deal with the mistake, and staff are hoping it'll go un noticed.

Speak to the stocking loan company, tell them you're in possession of the car, they'll soon sort it.


Edited by Trevor555 on Thursday 25th April 21:08

Monkeylegend

26,471 posts

232 months

Thursday 25th April 2019
quotequote all
snake_oil said:
Monkeylegend said:
I'm confused.
Why? Easy as pie.

https://youtu.be/y6QgHUJIQ5Q
smile

berlintaxi

8,535 posts

174 months

Friday 26th April 2019
quotequote all
Krzysiekw95 said:
I have a lawyer starting on this case , but want to get as much possible information on this situation as possible .
So rather than go to the garage to speak to someone and try to resolve the issue you decided to spend cash on a solicitor instead, must have more money than sense.

loskie

5,260 posts

121 months

Friday 26th April 2019
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is the garage still in business?

lord trumpton

7,415 posts

127 months

Friday 26th April 2019
quotequote all
OP - the garage in question...is it a large reputable main dealer type or some small tinpot independent type?

Also what car/types are involved here? Just interested really to get the full picture in my head.

If you can, I'd go in and see them

R129 300SL

279 posts

133 months

Friday 26th April 2019
quotequote all
The way I read this is that the OP is on the line for £25k. £18k for the new car and £7k for his old car.

If the garage is no longer trading or has changed its name etc he is stuck..