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Legal advice needed on returning a car - JustLooking8

Hi

Need some advise on a purchase of a brand new car that initiated over the phone.

The car was eventually returned after delivery due to change of mind due to changes in Financial circumstances.
Details:

Car Purchase Price £37852

Deposit: £8250 (made up of £6250 px and £2000 bank transfer)
1. Found a car with a main dealership that was sold to us for £37852
2. Finance from the Manufacture was required to fund the vehicle - the sales person stated that this would be at a fixed rate of 6.3%.
3. £2000 deposit was paid via bank transfer to secure the vehicle (coming from another branch)
4. On the same day (30/09) we was required to visit the showroom and sign the Finance documents - due to timing they required this to be done before the 30/09 due to timing restrictions.
5. At the same time our p/x was taken away and we was given a loan car to use over the weekend while the new car was being prepared.
6. During that weekend we realised that this purchase is going to put a huge Financial strain on us.
7. We did call the dealership to see what can be done to reverse the transaction to see what could be done to reverse the situation before delivery. Unfortunately no names was written down however we was told that the deal can not be reversed.
7. The vehicle was delivered on the 3 or 4/10 to my work address.
8. The stresses mounted up even more and we called the dealership to give us a price to put us back to day 1.
9. We was told that since we have taken delivery of the vehicle and that effectively it registered to us its not as simple as swap.
10. Their offer to put us back was a follows:
- Hand back the vehicle and the dealership will pay off the finance outstanding.
- For us to pay a further £3220 to get our PX back.
So for us to get our old car back the sale was as:
  1. p/x Sold back to us for £6250
  2. New car was taken in for (£32632)
  3. Dealership Settlement £29602
  4. Leaving a new total due £3220
This all took place in 2011.
So my questions:
  1. 1. When was the contract formed to buy the vehicle?
  2. 2. Since the purchase initiated over the phone and a deposit to buy was done over
  3. bank transfer was I able to hand the car back in over the cooling off period?
  4. Was I miss sold the finance?

    Finance Rate: I have this written down to be fixed rate 6.3% however all documents show APR 12.8% and Effective Interest Rate (fixed) 12.4% per annum.

Edited by JustLooking8 on 21/04/2014 at 11:08

Legal advice needed on returning a car - JustLooking8
Our deposit was not refunded and the total cost for us from start to finish was £2k (deposit) and £3220k (to get our old car back)
Legal advice needed on returning a car - RobJP

There is no basic legal right to change your mind an get out of a deal because you have (belatedly) decided that it was going to put too much of a strain on your finances, or for almost any other reason.

Regarding the APR : you'll often find the numbers put out are a 'typical' APR. Only when they do a full thing for you will the actual APR be made clear. The typical APR might have been for someone with a perfect credit record and a £10k deposit, we don't know.

The distance selling regulations : I believe that if YOU initiate the sale (rather than them calling you up) then they don't apply at all. However, I may be wrong.

I think you need proper professional advice. Not one of the shyster no-win no-fee claims companies, but spending a little bit of money on a solicitor and giving them the whole lot, in detail.

Legal advice needed on returning a car - leaseman

The OP visited the showroom prior to completing the purchase- face to face discussion, therefore the Distance Selling Regulations do not enter into the equation.

The OP signed the Finance Agreement on trade premises, therefore there is no cancellation period under the Consumer Credit Act.

Sounds to me like a reasonable outcome for the OP, and that the dealer played by the rules laid down in law, so spending money on legal advice is probably wasted.

Legal advice needed on returning a car - skidpan

So basically in 2011 you bought a new car without considering that the monthly repayments would potentially cause you financial problems.

Just shows how people cannot be bothered to do the sums before buying.

If you cannot afford it don't buy it, simple as that.

If you change your mind its not the dealers problem.

You have learned a lesson the hard and costly way but it could have been far more costly later if you had got into real dificulties.

You should be thanking the dealer for being flexible.

Legal advice needed on returning a car - gordonbennet

Must admit, and without trying to sound harsh, if i had done this and got away as cheaply as the OP i'd be thankful.

As an observation i suspect this is a glimpse of the tip of an oncoming Titanic sinking iceberg, again.

When interest rates are finally raised, which will have to happen as the national debt is still rising to third world proportions (but being cynically overlooked by a bought media), then the millions who are living on borrowed money based on their artificially rising house values (and politicians election coming soon spin about the fantastic economy) will be in for another life changing shock, just like last time.

People have to use common sense, and restraint, (if you can't buy it you can't afford it), if they don't then financial ruin won't be far away.

In the political version of musical chairs, i don't suppose either of the identikit parties wants to be the one in office when the music stops.

Edited by gordonbennet on 22/04/2014 at 10:35

Legal advice needed on returning a car - oldroverboy.

While I am sorry to hear of the OP's problem, it is not that unusual.

Was with a friend/salesman in a main dealership a while back, and a (not local) person wanted to trade in his car which already gave him negative equity, and buy on the never never a £23000 car. Unbelievably finance was available.. (at a high apr),

butboth our questions were WHY?

Legal advice needed on returning a car - Collos25

You would have thought that the figure of 37000 would have set some alarm bells ringing somewhere.

Legal advice needed on returning a car - Simon

If this all happened two and a half years ago plus, what are you trying to achieve by going back over old ground now???

Legal advice needed on returning a car - RobJP

If this all happened two and a half years ago plus, what are you trying to achieve by going back over old ground now???

The OP is trying to see if someone else can be blamed for his poor decisionmaking, and if he can get some of the money back. After all, where there's blame, there's a claim !

Unfortunately though, I don't think a claims management shyster...erm, company, I mean, would take his case on. Maybe he's tried, and they've told him that he hasn't got a prayer. So now he's asking on here to see if there's someone a little more understanding/gullible

Legal advice needed on returning a car - Avant

It could be that he's (I sssume it's a he) trying to make a claim for mis-sold finance. This seems an unlikely bandwagon to jump on, given that he seems to have accepted the terms of the contract three years ago.

Legal advice needed on returning a car - Bromptonaut

Number 6 in OP is the key.

Signed up to a deal and only later did sums about afordabiliy?

Can kind of understand getting in that sort of muddle over a car at say £5k, desperately needed for work and sold on basis of a just affordable £150/pcm.

But nobody 'needs' a £37k car; at that point the driver is WANT. And if it's WANT my sympathy for OP could comortably be written on a postage stamp.