Are the wheels about to fall of car finance?

Are the wheels about to fall of car finance?

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Discussion

Sheepshanks

32,814 posts

120 months

Tuesday 8th August 2017
quotequote all
RSK21 said:
You've got bogged down in terminology.

Daemon is right that there is a difference between cancelling and settling finance.

In your case you settled the agreement. I agree with you this is a smart thing to do when incentives are available for taking finance which can't be secured for cash.

Had you cancelled the agreement within your 14 days then you would have had no obligation to MB Finance but you would have been liable for the full amount to the dealer instead. They *could* quite justifiably then claim that you weren't entitled to the incentives as they were dependent on you agreeing to the finance product, no matter how quickly you chose to settle it.
I don't think the ability to cancel exists, especially once you've got the car because you've taken it under the finance agreement. AFAIK the only options are to Withdraw or Settle. And you do those with the finance company.

I've no idea why they don't ask you to pay the contribution, but they don't. And I'm sure they would if they could, so there must be some legal reason why they don't make you pay.

djc206

12,375 posts

126 months

Tuesday 8th August 2017
quotequote all
berlintaxi said:
daemon said:
berlintaxi said:
Ares said:
djc206 said:
Ares said:
Unless early settlement has punitive penalties! Settlement figures in year one often have full term interest within.
You're entitled to withdraw from any financial product within the first 14 days without penalty are you not?
Only as a cooling off clause, and you'd have to hand the car back.
Not if you then paid in cash for the car.
Which would be immensely dumb, as the full transaction amount would then be payable to the dealer.
Not in my experience, as stated Mercedes offered £1500 to take their finance, collected the car and called the finance company a couple of days later for a settlement figure, it was the bottom line invoice price including the deposit contribution, paid it, was never asked for the £1500 or contacted by Mercedes about either, also got the 3 services in the purchase offer honoured, but then again I'm sure you know better.





Edited by berlintaxi on Tuesday 8th August 16:46
That's a settlement not a withdrawal. Withdrawal is different and in practice I can't imagine anyone doing it!

Here's my agreement:


anonymous-user

55 months

Tuesday 8th August 2017
quotequote all
Sheepshanks said:
RSK21 said:
You've got bogged down in terminology.

Daemon is right that there is a difference between cancelling and settling finance.

In your case you settled the agreement. I agree with you this is a smart thing to do when incentives are available for taking finance which can't be secured for cash.

Had you cancelled the agreement within your 14 days then you would have had no obligation to MB Finance but you would have been liable for the full amount to the dealer instead. They *could* quite justifiably then claim that you weren't entitled to the incentives as they were dependent on you agreeing to the finance product, no matter how quickly you chose to settle it.
I don't think the ability to cancel exists, especially once you've got the car because you've taken it under the finance agreement. AFAIK the only options are to Withdraw or Settle. And you do those with the finance company.

I've no idea why they don't ask you to pay the contribution, but they don't. And I'm sure they would if they could, so there must be some legal reason why they don't make you pay.
I'm happy to be corrected but I thought that in a Withdrawal within the 14 day period the deal is effectively unwound, meaning the finance house effectively seeks repayment of the monies they have paid the dealer on the applicant's behalf and the dealer than has to cover this by seeking payment from the individual.

silentbrown

8,858 posts

117 months

Tuesday 8th August 2017
quotequote all
RSK21 said:
Daemon is right that there is a difference between cancelling and settling finance.
Yes, definitely.
RSK21 said:
Had you cancelled the agreement within your 14 days then you would have had no obligation to MB Finance but you would have been liable for the full amount to the dealer instead.
No. When you buy a car with PCP there are two separate parts behind the scene. You buy the car from the dealer at the agreed figure, and you borrow the bulk of the cash to pay for it from the Finance co. As security for the loan the finance co takes ownership of the car.

If you withdraw (= cancelling) from finance then you need to pay back the amount you borrowed to the finance company. The dealer simply doesn't come into it. You're not withdrawing from the purchase of the car - because you cannot do that. And you can't offer the car to the finance company, because they deal in cash, not cars... Here's the Audi UK Q&A on finance withdrawal.

AudiUK said:
If I withdraw from the finance, what happens to the vehicle?
The customer has to pay off the outstanding balance on the finance Agreement within 30 days of notification of withdrawing from the finance together with the daily interest charges. If the finance is not repaid, the creditor will take appropriate legal action to recover their monies and/or the vehicle.

anonymous-user

55 months

Tuesday 8th August 2017
quotequote all
silentbrown said:
RSK21 said:
Daemon is right that there is a difference between cancelling and settling finance.
Yes, definitely.
RSK21 said:
Had you cancelled the agreement within your 14 days then you would have had no obligation to MB Finance but you would have been liable for the full amount to the dealer instead.
No. When you buy a car with PCP there are two separate parts behind the scene. You buy the car from the dealer at the agreed figure, and you borrow the bulk of the cash to pay for it from the Finance co. As security for the loan the finance co takes ownership of the car.

If you withdraw (= cancelling) from finance then you need to pay back the amount you borrowed to the finance company. The dealer simply doesn't come into it. You're not withdrawing from the purchase of the car - because you cannot do that. And you can't offer the car to the finance company, because they deal in cash, not cars... Here's the Audi UK Q&A on finance withdrawal.

AudiUK said:
If I withdraw from the finance, what happens to the vehicle?
The customer has to pay off the outstanding balance on the finance Agreement within 30 days of notification of withdrawing from the finance together with the daily interest charges. If the finance is not repaid, the creditor will take appropriate legal action to recover their monies and/or the vehicle.
I stand corrected, ta.I didnt realise that latter part and assumed it all went rather circular.

Fact remains that settling is different to cancelling and settling would seem to be a better option to take in order to mitigate the risk of being pursued for return of incentives.

ETA - Flip side of the above is I assume that the salesman gets a a small sign up bonus on PCPs which falls away upon cancellation but would be honoured on settlement. Ongoing payments to the dealership/salesman therefater one assumes vanish in both instances.

Edited by anonymous-user on Tuesday 8th August 17:32

daemon

35,854 posts

198 months

Tuesday 8th August 2017
quotequote all
RSK21 said:
berlintaxi said:
daemon said:
berlintaxi said:
Ares said:
djc206 said:
Ares said:
Unless early settlement has punitive penalties! Settlement figures in year one often have full term interest within.
You're entitled to withdraw from any financial product within the first 14 days without penalty are you not?
Only as a cooling off clause, and you'd have to hand the car back.
Not if you then paid in cash for the car.
Which would be immensely dumb, as the full transaction amount would then be payable to the dealer.
Not in my experience, as stated Mercedes offered £1500 to take their finance, collected the car and called the finance company a couple of days later for a settlement figure, it was the bottom line invoice price including the deposit contribution, paid it, was never asked for the £1500 or contacted by Mercedes about either, also got the 3 services in the purchase offer honoured, but then again I'm sure you know better.





Edited by berlintaxi on Tuesday 8th August 16:46
You've got bogged down in terminology.

Daemon is right that there is a difference between cancelling and settling finance.

In your case you settled the agreement. I agree with you this is a smart thing to do when incentives are available for taking finance which can't be secured for cash.

Had you cancelled the agreement within your 14 days then you would have had no obligation to MB Finance but you would have been liable for the full amount to the dealer instead. They *could* quite justifiably then claim that you weren't entitled to the incentives as they were dependent on you agreeing to the finance product, no matter how quickly you chose to settle it.
Thats exactly it. Theres a very clear difference between cancelling / withdrawing from a finance agreement and settling one.

Withdrawing from the finance agreement, then paying in cash for the car is very different from "settling the finance early."


Brave Fart

5,750 posts

112 months

Tuesday 8th August 2017
quotequote all
daemon said:
you dont CANCEL the agreement - that would roll back the finance agreement and make the full amount payable to the dealer.

And i know thats how it works as (a) i used to work for Santander bank, (b) i used to sell cars for a living and (c) i've done it!!
When I cancelled my PCP deal with VW, the day after taking delivery, I definitely paid them (VW in Milton Keynes), not the dealer. I never spoke to dealer after driving the car away from their premises.
I kept the £2500 VW incentive for PCP and I kept the cheap service plan deal.

daemon

35,854 posts

198 months

Tuesday 8th August 2017
quotequote all
RSK21 said:
Sheepshanks said:
RSK21 said:
You've got bogged down in terminology.

Daemon is right that there is a difference between cancelling and settling finance.

In your case you settled the agreement. I agree with you this is a smart thing to do when incentives are available for taking finance which can't be secured for cash.

Had you cancelled the agreement within your 14 days then you would have had no obligation to MB Finance but you would have been liable for the full amount to the dealer instead. They *could* quite justifiably then claim that you weren't entitled to the incentives as they were dependent on you agreeing to the finance product, no matter how quickly you chose to settle it.
I don't think the ability to cancel exists, especially once you've got the car because you've taken it under the finance agreement. AFAIK the only options are to Withdraw or Settle. And you do those with the finance company.

I've no idea why they don't ask you to pay the contribution, but they don't. And I'm sure they would if they could, so there must be some legal reason why they don't make you pay.
I'm happy to be corrected but I thought that in a Withdrawal within the 14 day period the deal is effectively unwound, meaning the finance house effectively seeks repayment of the monies they have paid the dealer on the applicant's behalf and the dealer than has to cover this by seeking payment from the individual.
The dealer might not have even got paid for the car at that point, if they have then yes, the finance company will seek to reclaim back the amount from the dealer, and the full amount would become payable by the customer to the dealer.


daemon

35,854 posts

198 months

Tuesday 8th August 2017
quotequote all
Sheepshanks said:
I've no idea why they don't ask you to pay the contribution, but they don't. And I'm sure they would if they could, so there must be some legal reason why they don't make you pay.
I think as you say, legally they cant. Its like any of these furniture places offering 0% finance. We all know that it costs them money but by law they cant offer you a discount in lieu of the 0% finance.

Likewise with this - i think its a finance "incentive" or "contribution". Whatever that means in financial legal terms, presumably they cant then take it off you again.

daemon

35,854 posts

198 months

Tuesday 8th August 2017
quotequote all
Brave Fart said:
daemon said:
you dont CANCEL the agreement - that would roll back the finance agreement and make the full amount payable to the dealer.

And i know thats how it works as (a) i used to work for Santander bank, (b) i used to sell cars for a living and (c) i've done it!!
When I cancelled my PCP deal with VW, the day after taking delivery, I definitely paid them (VW in Milton Keynes), not the dealer. I never spoke to dealer after driving the car away from their premises.
I kept the £2500 VW incentive for PCP and I kept the cheap service plan deal.
You didnt CANCEL your PCP deal, you SETTLED it. You may have asked to cancel it on the phone, but they definitely just settled your account by taking payment from you.

By virtue of the fact you paid VW Finance, Milton Keynes rather than the dealer shows it was a settlement not a cancellation.

djc206

12,375 posts

126 months

Tuesday 8th August 2017
quotequote all
Brave Fart said:
daemon said:
you dont CANCEL the agreement - that would roll back the finance agreement and make the full amount payable to the dealer.

And i know thats how it works as (a) i used to work for Santander bank, (b) i used to sell cars for a living and (c) i've done it!!
When I cancelled my PCP deal with VW, the day after taking delivery, I definitely paid them (VW in Milton Keynes), not the dealer. I never spoke to dealer after driving the car away from their premises.
I kept the £2500 VW incentive for PCP and I kept the cheap service plan deal.
This thread has many people arguing the same point using different words. You say you cancelled the the PCP when really you 'settled' it. Had you withdrawn the process and result is slightly different.

daemon

35,854 posts

198 months

Tuesday 8th August 2017
quotequote all
silentbrown said:
RSK21 said:
Daemon is right that there is a difference between cancelling and settling finance.
Yes, definitely.
RSK21 said:
Had you cancelled the agreement within your 14 days then you would have had no obligation to MB Finance but you would have been liable for the full amount to the dealer instead.
No. When you buy a car with PCP there are two separate parts behind the scene. You buy the car from the dealer at the agreed figure, and you borrow the bulk of the cash to pay for it from the Finance co. As security for the loan the finance co takes ownership of the car.

If you withdraw (= cancelling) from finance then you need to pay back the amount you borrowed to the finance company. The dealer simply doesn't come into it. You're not withdrawing from the purchase of the car - because you cannot do that. And you can't offer the car to the finance company, because they deal in cash, not cars... Here's the Audi UK Q&A on finance withdrawal.

AudiUK said:
If I withdraw from the finance, what happens to the vehicle?
The customer has to pay off the outstanding balance on the finance Agreement within 30 days of notification of withdrawing from the finance together with the daily interest charges. If the finance is not repaid, the creditor will take appropriate legal action to recover their monies and/or the vehicle.
There is a difference between cancelling the contract within 14 days (the cooling off period) whereby you would still be obliged to pay for the goods to the seller, and withdrawing from the finance agreement (the terminology used by Audi there) which is effectively settling the account.

silentbrown

8,858 posts

117 months

Tuesday 8th August 2017
quotequote all
RSK21 said:
ETA - Flip side of the above is I assume that the salesman gets a a small sign up bonus on PCPs which falls away upon cancellation but would be honoured on settlement. Ongoing payments to the dealership/salesman therefater one assumes vanish in both instances.
I'm curious about this as I don't know the details. but Google threw this up. http://www.mallardvehiclefinance.co.uk/pdf/mallard...

Mallard Finance said:
Confirmation of rates, terms & commission
• A visual health check and MOT if needed will have to be done before proceeding with PCP Plus.
• Representative 9.99% APR.
• Lending terms from twenty four to sixty months.
• Commission is 2.5% of the total advance up to a maximum commission payable of £750.00 per deal.
• Commission will be paid in respect of each deal introduced during the month after that deal is funded.
• Commission may be debited back only in the case of fraud or cancellation of finance prior to first payment.
No idea if that's representative, but it means £500 commission on a £20K loan, paid as soon as first finance payment is made. So cancelling within 14 days will lead to an unhappy salesman.



daemon

35,854 posts

198 months

Tuesday 8th August 2017
quotequote all
djc206 said:
Brave Fart said:
daemon said:
you dont CANCEL the agreement - that would roll back the finance agreement and make the full amount payable to the dealer.

And i know thats how it works as (a) i used to work for Santander bank, (b) i used to sell cars for a living and (c) i've done it!!
When I cancelled my PCP deal with VW, the day after taking delivery, I definitely paid them (VW in Milton Keynes), not the dealer. I never spoke to dealer after driving the car away from their premises.
I kept the £2500 VW incentive for PCP and I kept the cheap service plan deal.
This thread has many people arguing the same point using different words. You say you cancelled the the PCP when really you 'settled' it. Had you withdrawn the process and result is slightly different.
Personally, i'm not arguing, i'm stating how it is smile

Theres an important difference between cancelling within the cooling off period and settling the finance via withdrawal from the agreement.

Its worth noting the difference, as it may be significant to someone planning on doing so, and who is reading this thread.

silentbrown

8,858 posts

117 months

Tuesday 8th August 2017
quotequote all
daemon said:
There is a difference between cancelling the contract within 14 days (the cooling off period) whereby you would still be obliged to pay for the goods to the seller, and withdrawing from the finance agreement (the terminology used by Audi there) which is effectively settling the account.
sigh... No again.

https://www.audifinance.co.uk/en/private_customers...


daemon

35,854 posts

198 months

Tuesday 8th August 2017
quotequote all
RSK21 said:
ETA - Flip side of the above is I assume that the salesman gets a a small sign up bonus on PCPs which falls away upon cancellation but would be honoured on settlement. Ongoing payments to the dealership/salesman therefater one assumes vanish in both instances.
From "back in the day" when i was a car salesman, you got a small signing fee and the dealership got a backhander from the finance company after a certain amount of time.

I think salesmen are bonused overally on cars sold, finance agreements sold, add ons sold, so it would all go towards their target.

Sheepshanks

32,814 posts

120 months

Tuesday 8th August 2017
quotequote all
RSK21 said:
I'm happy to be corrected but I thought that in a Withdrawal within the 14 day period the deal is effectively unwound, meaning the finance house effectively seeks repayment of the monies they have paid the dealer on the applicant's behalf and the dealer than has to cover this by seeking payment from the individual.
Not in my case. I paid VWFS.

I Withdrew a week after collecting the car. Actually what happens is you do still pay interest but it's on a daily basis for the number of days you've had the car. They freeze it at the point you confirm you want to Withdraw and then you have 30 days to pay. So I paid a few £ interest but didn't repay the 3 grand deposit contribution.

If you Settled you'd typically pay 2 months interest - could be a few hundred pounds. Plus any doc etc fees - you don't pay those if you Withdraw.

As I said earlier, you can't cancel once you've got the car. What a can of worms that would be - people would have cars that they hadn't paid for and the dealer has to chase them for payment. Hmmm...what could possible go wrong?



Edited by Sheepshanks on Tuesday 8th August 17:59

djc206

12,375 posts

126 months

Tuesday 8th August 2017
quotequote all
daemon said:
Personally, i'm not arguing, i'm stating how it is smile

Theres an important difference between cancelling within the cooling off period and settling the finance via withdrawal from the agreement.

Its worth noting the difference, as it may be significant to someone planning on doing so, and who is reading this thread.
Indeed but the use of withdrawing, settling and cancelling is all getting rather confused.

To my mind everyone here who has wanted out of a finance agreement has phoned up the finance house for a settlement figure and paid the balance. They have settled their finance, they haven't cancelled anything, they haven't withdrawn from anything they've just paid the debt off as you would any other credit account. Of course withdrawal is an option but I don't see anyone here's description of what they've done as a withdrawal.

Sheepshanks

32,814 posts

120 months

Tuesday 8th August 2017
quotequote all
djc206 said:
Indeed but the use of withdrawing, settling and cancelling is all getting rather confused.

To my mind everyone here who has wanted out of a finance agreement has phoned up the finance house for a settlement figure and paid the balance. They have settled their finance, they haven't cancelled anything, they haven't withdrawn from anything they've just paid the debt off as you would any other credit account. Of course withdrawal is an option but I don't see anyone here's description of what they've done as a withdrawal.
I Withdrew from my deal. It's very common. Key practical difference is there's no interest penalty.

djc206

12,375 posts

126 months

Tuesday 8th August 2017
quotequote all
Sheepshanks said:
I Withdrew from my deal. It's very common. Key practical difference is there's no interest penalty.
Not necessarily true. I have posted the section from my agreement (last page) there is a £4.50/day interest penalty on mine in the event of withdrawal. Mine also stipulates that any deposit contribution would need to be repaid in full so in my case I'd have to be mad to withdraw from the agreement when I could instead just phone up and 'settle' it in full (not that I have any intention).

But I stand corrected regarding people on this thread having withdrawn

Edit: I see you clarified above in a different response. I would encourage people to look very carefully at their contracts before doing anything. Mine very clearly states that any contribution would need to be repaid on withdrawal. It makes no mention of any interest penalty but since the interest is calculated monthly and the settlement figure is usually valid until the next scheduled payment date I'm guessing that's the penalty you're referring to which on a £40k car at 5.9% would be ~£200.

Edited by djc206 on Tuesday 8th August 18:13