hail-hail

Ok folks, due to pick up my new car today at 4pm.

Used my current car as a trade in, have agreed a trade in value, paid a £300 deposit a signed an agreement to purchase the car and will pay the outstanding balance today.

The HPi check was done on my car and passed with no issues when we agreed the trade in value.
I have now had a call saying the auction company, that the dealer farms trade ins to, will not book the car in for auction as there is finance outstanding on, now get this....
a private plate that used to be on my car (previous owner) and is now on a Landrover Discovery.
i have now been told I cannot pick my car up until this is all sorted out.

I suppose my question is, can I go to the dealer with my purchase agreement, pay the balance, take the car and basically tell them I don't give a **** about their problems. I have a signed agreement after all? Does this give me legal entitlement to the new car?

[Edited by hail-hail - 1/23/2004 2:09:39 PM]

Scooby96

I would have thought you've both entered into a sales contract and as such they are now duty bound to sell you the car unless theres something wrong with it. In which case they would then need to find a replacement.

Bollox - the finance issue re the pp is their problem not yours unless they havent taken your old car in px yet - presumably you're dropping it off when you collect the 'new' car?

Being car dealers I'm sure they could wriggle out of it

If you've got house / car insurance then call up for the free legal advice (only if you have legal cover included of course)

hail-hail

thanks scooby96, I have spoken to a solicitor (legal coverage does come in handy after all) and they have told me that the deal stands as is.
They agreed to take the car and signed the agreement. It is their problem and their risk with regards to the auction company.

I now have legaltiy on my side, but as per usual the dealer holds all the cards (no pun intended ). If he doesn't give me the car I can't exactly force them...ho hum

milo

sorry to take this off-topic, but what do u mean by "legal coverage"? is it on your car insurance, or something else you're paying monthly for?

just wondering cos i seem to have to use solicitors a lot so if theres some way of getting their bills down it would be helpful

hail-hail

Yep, it's the legal coverge on my car policy. The only reason they would deal with me was because I had previously got a quote to swap over my policy to the new car.

You've probalby stumbled on a good business idea there, pay an annual/monthly subscription fee and get free legal advice as and when needed, have a look on the web, it may already exist.

Nimbus

But if you've got legality on your side, surely you can?? If they don't honor the contract then the phrase "may you be hearing from my solicitors in the morning" should be used..

pslewis

The Car Dealer/Garage are in breach of contract if they do not follow through with the agreement as it stands - you can then sue for damages. They may keep their car and you yours but all that mental anguish and pain and suffering can mount up - enough to buy a new car outright I would guess??

Hold your ground, say NOTHING except that they will be in breach of contract if they fail to deliver ... silence is golden in these cases - give them NO quarter or excuse to walk away.

Pete

hail-hail

I must admit, I do love that phrase

Truth be told, they will probably sort out all the fuss in the next few days, there is no finance on the car, it's probably just some **** jobsworth at the aution place.

But you know how it is, I WANT IT NOW, not tomorrow or the day after, NOW. I was looking forward to giving it a walloping at the weekend, never had a V6 before

Nimbus

Sorry, OT...

Best use I heard was on Chelmsford 1-2-3. Badvok had kidnapped the Roman Emporer and Aulus' troops were looking for him in a barn after having a tip off.

Aulus (keeling and praying to the gods): Please let him be in the barn, please let hime be in the barn, pretty please, let him be in the barn.

ENTER Grasientus

Grasientus: We've sercahed the barn.

Aulus: And...?

Grasientus: He's not there.

Aulus: One moment.. (kneels back down) You Barstuawrd!!! Night after night I prayed to you. I even stuck up for you in the "my gods better than you gods" argument in the playgrounds. (stands up and points up to the cealing) "may you be hearing from my solicitors on the morning!!!"


(appologies for spelling)

Tiggs

milo- depends how much you mean by "a lot" but if you are spending over 1k pa on legal then get your solicitor on a retained deal....thats what i do £X pa and most stuff is covered.

hail-hail

Update: turns out that my car is on an HPI list, a different system than the one used by the dealer. i.e. the dealer can get out of the deal now (not that they are trying to incidently).

Dealer has phoned the HPI place and asked then what the story is, they have agreed that finance is on the plate and not my car and that this happens all the time with private plates. The have no interest in my car at all but they refuse to confirm this in writing WTF...Dealer has phoned them on three seperate occasions all to no avail....but....

i have now phoned the HPI company, spoken to a lovely girl called Leanne and it is all sorted. She is faxing confirmation to the dealer now, and I'm off to pick up my new car

bruuuooommm bruoooooommm bruuuooommm bruoooooommm

Black Knight evo

The agreement you signed to buy the car states that your px is free from any Lien or encumbrance ie:- finance.

Why should the dealer have to sort out your problem.

If the car you are buying from him has outstanding finance, would you take it?
Even though you had signed an agreement with him.

A contract works both ways

Nimbus

Black Knight,

But hail-hail is correct. There is not outstanding finance on the car. It's on the private plate...

Black Knight evo

Yes Totally correct but what has the dealer done that is wrong,
Why is it his problem?

Black Knight evo

Yes Totally correct but what has the dealer done that is wrong,
Why is it his problem?
Of course the dealer will do his utmost to sort it out as he wants the deal.
But you can't force him to carry on if finance is showing.

hail-hail

Black night, I sat down with the dealer as he ran my car through their HPI check, it passed, we signed a deal. My car had no finance.
Later they came back and said the auction wouldn't accept it, that is not my problem. The auction place use a different HPI check, big deal, that car had no finance on it.

Anyway it doesn't really matter now, between myself, the sales man and the sales manager we got the Finance company to send a fax saying they have no interest in my car at all.
I now have my new car.

Nimbus

Cool. Glad it worked out for you.