End of PCP car is mine!

End of PCP car is mine!

Author
Discussion

vignamic

Original Poster:

33 posts

71 months

Tuesday 5th June 2018
quotequote all
Have a question, I had a PCP over 4 years paid without issue, the company call them "A" sent over the final balance which was incorrect by £130 which I explained to them. After some backward and forward they said OK you will need to sign this official document that you agree to this and they would not release the fund unless I did. I created a response but added to it the official document a new clause that they needed to collect the car by the end of the PCP otherwise the car would become mine and signed the new changed form. They paid the difference (so agreed) but never collected the car or contacted me even though I attempted to call them sent them letters and emails many times asking what's happening. No response! So the Car is now mine for their mistake! The moral to the story is that company "A" should read all that anyone sends them.

Jimmy Recard

17,540 posts

180 months

Tuesday 5th June 2018
quotequote all
What’s the question?

It sounds like you’re waiting for the car to be collected

Gad-Westy

14,574 posts

214 months

Tuesday 5th June 2018
quotequote all
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. wink

djdest

6,542 posts

179 months

Tuesday 5th June 2018
quotequote all
You already have the V5 in your name?
I know that’s technically not proof of ownership, but good luck doing anything without it

Edited by djdest on Friday 8th June 12:54

vignamic

Original Poster:

33 posts

71 months

Tuesday 5th June 2018
quotequote all
Sorry my question would them be why does company "A" now believe the car is not mine?
It was their mistake I did all and took time off work for them to collect it.

vignamic

Original Poster:

33 posts

71 months

Tuesday 5th June 2018
quotequote all
I have the V5 in my name!

Nickp82

3,191 posts

94 months

Tuesday 5th June 2018
quotequote all
djdest said:
You already have the V5 in your name?
I know that’s technically proof of ownership, but good luck doing anything without it
The V5 will be in his/her name as it's PCP.

What I am confused about is if there was a "final balance" then surely the OP has paid the GFV and is now celebrating 'duping' the finance company in to seeing through a sale that has been a contractual optional all along?

Hopefully things will become clearer....

Toltec

7,161 posts

224 months

Tuesday 5th June 2018
quotequote all
Nickp82 said:
The V5 will be in his/her name as it's PCP.

What I am confused about is if there was a "final balance" then surely the OP has paid the GFV and is now celebrating 'duping' the finance company in to seeing through a sale that has been a contractual optional all along?

Hopefully things will become clearer....
Full and final payment up to the collection date possibly as it sounds like he was handing it back because it is worth less than the GFV.

ETA: My boss once changed a contract to add a clause that the other party would take him and other attending staff to a restaurant of his choice after every meeting and pay the bill. He never tried to collect, he was just curious as to whether they would spot it. The moral is always run a comparison check on a returned contract.


Edited by Toltec on Tuesday 5th June 16:47

vignamic

Original Poster:

33 posts

71 months

Tuesday 5th June 2018
quotequote all
No this is a bit of an unusual one as they owed us money first and made us sign"In blood" that they would pay us and not take it any further. The thing we changed was we added a new clause that they could agree or not. They agreed to the clause we added, paid us the owed money. We were ready for them to collect the car, but nothing happened, we called them and sent messages emails, post still nothing until 4 weeks later.

vignamic

Original Poster:

33 posts

71 months

Tuesday 5th June 2018
quotequote all
Sorry, the V5 is in our name.

TheAngryDog

12,409 posts

210 months

Tuesday 5th June 2018
quotequote all
Toltec said:
Nickp82 said:
The V5 will be in his/her name as it's PCP.

What I am confused about is if there was a "final balance" then surely the OP has paid the GFV and is now celebrating 'duping' the finance company in to seeing through a sale that has been a contractual optional all along?

Hopefully things will become clearer....
Full and final payment up to the collection date possibly as it sounds like he was handing it back because it is worth less than the GFV.
I lost the will to live after reading the OP tbh...

Nickp82

3,191 posts

94 months

Tuesday 5th June 2018
quotequote all
vignamic said:
No this is a bit of an unusual one as they owed us money first and made us sign"In blood" that they would pay us and not take it any further. The thing we changed was we added a new clause that they could agree or not. They agreed to the clause we added, paid us the owed money. We were ready for them to collect the car, but nothing happened, we called them and sent messages emails, post still nothing until 4 weeks later.
Haha! It will be very interesting to hear what happens (if anything). If the finance company get in contact wanting to collect the car, what will your plan of action be, stick to your guns?

Pintofbest

805 posts

111 months

Tuesday 5th June 2018
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Have you got a signed copy of the amended agreement with your additional clause on it? Signed by someone empowered to do so?

Mafffew

2,149 posts

112 months

Tuesday 5th June 2018
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Doesn't seem likely to me.



But good luck anyway, I'm sure it will pan out well for you.

nyxster

1,452 posts

172 months

Tuesday 5th June 2018
quotequote all
vignamic said:
Have a question, I had a PCP over 4 years paid without issue, the company call them "A" sent over the final balance which was incorrect by £130 which I explained to them. After some backward and forward they said OK you will need to sign this official document that you agree to this and they would not release the fund unless I did. I created a response but added to it the official document a new clause that they needed to collect the car by the end of the PCP otherwise the car would become mine and signed the new changed form. They paid the difference (so agreed) but never collected the car or contacted me even though I attempted to call them sent them letters and emails many times asking what's happening. No response! So the Car is now mine for their mistake! The moral to the story is that company "A" should read all that anyone sends them.
Paying the difference is not the same thing as agreeing to enter into a new contract. Unless you have a formal written release from the original PCP contract terms (you don't) what you've done is no better than me writing to H.M Government with a postal order for a pound and a signed bill of sale and telling them if they don't respond within 28 days I will be the new legal owner of the nuclear submarine fleet.

I suggest you stop reading the freeman of the land guides before you do yourself a mischief.

BTW - under the terms of your contract you may find you are obligated to return the car to a place of their choosing, not the other way round. But crack on, when you don't pay the balance or return the car you'll be in breach of contract and likely incur both costs of recovery and a default notice on your credit record for your 'cleverness'.


vignamic

Original Poster:

33 posts

71 months

Tuesday 5th June 2018
quotequote all
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.

TheAngryDog

12,409 posts

210 months

Tuesday 5th June 2018
quotequote all
I await the post entitled "Company A sent low loader for my car while I was out, where do I stand?" with such glorious pieces of information as "entitled" and "wouldn't take it further" etc..

TooMany2cvs

29,008 posts

127 months

Tuesday 5th June 2018
quotequote all
Coming soon: "I'm being taken to court. What do I do?"

tumble dryer

2,018 posts

128 months

Tuesday 5th June 2018
quotequote all
coffee

vignamic

Original Poster:

33 posts

71 months

Tuesday 5th June 2018
quotequote all
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.