Main dealer claims not to have known about outstanding finance, advice please

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truthseeker

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I bought and paid for a car from a main dealer, was assured there was no finance outstanding, signed contract (which dealership had checked box to say no finance outstanding).

Was due to collect it today.
Did my own finance check. Finance outstanding.

Phoned the dealership. Shock expressed and promise to look into it.

Got a call back from them saying that there is indeed finance outstanding, and that it is being settled today - would I still be collecting the car at the arranged time, they would amend the receipt to say finance being settled.

I said no. I insisted that I would not take the car until they could provide me with documentation that the finance had been settled with the loaning institution and a letter from the car dealership saying the finance was settled AND me do my own check again - just to be sure.

They got a bit pushy at this, saying 'oh it will be settled, there is nothing to worry about' etc....

Have I done the right thing - what do people advise? Should I pull out altogether? I feel annoyed that a main dealer was selling me a car with finance outstanding that they claim not to have known about - surely they should do their own checks before they offer it for sale? I just feel like the trust is gone.
 
Re: Outstanding finance, advice please

most car dealers would have their new and used cars on a stocking system with banks,i.e they would have their used cars on finance so as to help with cashflow and all thir money is not tied up in used cars etc,if its a maindealer i would worry too much about it as they usually only clear the car form finance once its sold,also it could be an ex hire car which would be on finance for the same reason
 
Re: Outstanding finance, advice please

But surely they should have known there was finance outstanding and not told me there wasnt?
They actually told me that they had to contact the previous owner today to get the finance settled.
 
Re: Outstanding finance, advice please

oh well in that case it looks like they didnt know that there was finance outstanding.It can happen form time to time and a real pain for the garage but if they are clearing the finance i wouldnt think there is much to worry about,
 
Re: Outstanding finance, advice please

I would disagree with chilli, I think its a bad indication of a garage that you were left to find this out yourself. I would be thinking twice about proceeding with the sale TBH, especially with them getting pushy as opposed to giving you a discount for such shoddy service.
 
Deffinitely do not hand over and money until they can prove the finance is cleared.
 
The money was already handed over.

I had paid for it earlier in the week, but was not free to pick it up til today.

I actually only did the finance check as an afterthought, because I didnt think it was something I needed to do with a main dealer.
 
Sorry, missed that in my first reading. I'm not sure what the options are at this point so, as you now own the car, the outstanding finance headache is also yours. If the person who took out the finance does not pay it off, the car can legally be reposessed.

You may have grounds t owalk away from the deal on the basis that the contract signed did not accurately represent the situation. Legal advice would be required there. Perhaps contact Consumer Connect?

Is the dealer SIMI registered?
 
Thank you Leo. I contacted consumer connect and they have advised me that I am within my rights to walk away from the deal now and request a refund because I paid the money based on a misrepresentation of the goods being sold.
They pointed me to relevant sections of their website to print off to bring along if I feel I need printed backup.
 
truthseeker said:
Thank you Leo. I contacted consumer connect and they have advised me that I am within my rights to walk away from the deal now and request a refund because I paid the money based on a misrepresentation of the goods being sold.
They pointed me to relevant sections of their website to print off to bring along if I feel I need printed backup.
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do ya not think thats a bit extreme?

do you like the car? theres nothing wrong with it except for a finance issue which is very easily sorted!

get the letter from the bank to say its clear and your fine, but bear in mind that if you do an online check it can take a few months from the time of finance clearance to the time that HPI, Cartell etc etc have it logged on their system.
 
kceire - maybe it seems extreme to you, but I feel that the trust is gone. I paid money in good faith, the car was misrepresented to me - I found out about the finance myself, what else could be wrong that I have not been told about?

It just makes me feel that I do not want to do business with this dealership. I am upset about the fact that I could have driven away yesterday in a car that could have been legally repossessed off me.
 
I see where you're coming from ..... trust is important ... imagine the service you'd get when you'd hand over the money!
 
So the latest is that the salesman passed me onto a manager who spent 30 minutes browbeating me on the phone, insisting that I was mistaken, there was no finance outstanding, that websites do not have live data and that I have signed a contract and as far as he is concerned the car is waiting for me to collect it.

His attitude was such that I actually wouldnt even want to buy a sandwich off this dealership now, let alone a car.

He wouldnt listen to anything I said, spent the entire call more or less just shouting me down, made several personal remarks to the tune that I was completely unreasonable and irrational, and then told me to go and read my contract.
 
truthseeker said:
His attitude was such that I actually wouldnt even want to buy a sandwich off this dealership now, let alone a car.
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On the other hand, he's got your money.......

Could you perhaps insist on an e-mail or letter from the dealer confirming that there is no finance on the car?
 
Staples said:
On the other hand, he's got your money.......

Could you perhaps insist on an e-mail or letter from the dealer confirming that there is no finance on the car?
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I agree. If he refuses you would have reason to be suspicious IMO and you can then decide on your next move.
 
Staples said:
Could you perhaps insist on an e-mail or letter from the dealer confirming that there is no finance on the car?
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Already asked for it. Was informed that he would not have the relevant documentation until later in the day.

Another call has revealed that he could return my money - minus the deposit - but not for some days apparently. According to him I am the one cancelling the contract so therefore I lose my deposit as in his opinion the dealership did not misrepresent the car.

The second call was short - I refused to engage in any debate on his opinion Vs mine. Just said I wanted my money back.
He asked me to think about what I was doing(I actually felt like I was being a bold child the way he addressed it to me!), and said he would speak to me later.
 
if there is outstanding finance you're entitled to the lot back as far as i know. None of this nonsense about keeping deposits
 
I feel calling in person would be a good idea, bring contract and info from consumer connect. Refuse to leave until you are refunded your money. What brand of car is it?
 
galleyslave said:
if there is outstanding finance you're entitled to the lot back as far as i know. None of this nonsense about keeping deposits
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This is where the nub of the problem lies. The manager in the dealership is insisting that the finance is settled and that the dealership have discharged their responsibility. I am insisting that the finance WAS outstanding at point of sale, not communicated to me, and brought to their attention BY me. They would have let me drive away in a car with finance outstanding. He insists that 'it would have been sorted out'. I cannot prove that they wouldnt have sorted it out, because I brought it to their attention and did not take the car.
 
See P.15 of this document, which implies that SIMI members check the history of the car before selling [broken link removed]

Is the dealer as SIMI member?
 
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