How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Ash Your Own Question

Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I have recently purchased a car fro. Carcraft and they arranged

Resolved Question:

I have recently purchased a car fro. Carcraft and they arranged the finance. The finance company have now said they will not release the funds to carcraft and now they want the car back. I have paid out £1,750 deposit and about to start the monthly instalments on the 1st man as agreed, of £350 PCM as my credit is poor. Carcraft now want the car back off me, I have excepted a new job as I was able to buy a car which meant I was mobile again. Paid deposit on the insurance of nearly £200. I want to keep this car, is it right what they have done.
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.

Alex Watts :

On what basis are they refusing please?

Alex Watts :

Were you initially granted the finance please? Did you sign the finance documents?

Customer: Hi Alex,
Customer: carcradt contacted me last week to say my fiancé application has been accepted and you can collect your mini on Friday evening providing you bring all documentation with me. This I did, everything they requested. However on going to sign the financial agreement I noticed they had increased the monthly parents by £20 a month. I pointed this out and she agreed there had been a mistake. Asked me if I can come back the next day and it will all be sorted. I agreed.
Alex Watts :

Did you sign anything?

Customer: Saturday came, I went to collect my car, they kept me hanging around for nearly four hours getting paperwork on place then told me that's the amount I have to pay, it's 350 PCM in the end I agreed this is because I have accepted a new job and this changed my life, so to speak. I signed and have copies of financial agreement and paid my deposit of 1750.00 and collected my car Saturday 2nd of dec 2013. Today I get the phone call asking for the car back ???
Alex Watts :

Did you sign any finance papers?

Customer: Yes Alex I signed the paperwork, I read it and understood it and signed. They gave me a copy and kept a copy
Alex Watts :

Does the contract allow them to cancel the finance please?

Customer: No, it doesn't say they can cancel it. I have a 10 day period were I can find a cheaper lender but that's it.
Alex Watts :

Ok - in that case they are in breach of contract. Unless the contract allows them to withdraw the finance once signed then they can not. Once you sign the document for finance and if they made an offer, this is a binding contract.

Alex Watts :

Sadly because the agreement will be covered by the Consumer Credit Act a Court order will need to be sought to recover the vehcile.

Alex Watts :

However you can certainly sue the lender for breach of contract and indeed seek a Court order that they honour the agreement, this is called specific peformance.

Alex Watts :

You need to write and set out your losses, say you want them to honour the agreement and request they comply within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.


 


If they do not you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.


 


The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.


 


If the matter is defended it will be set down for a trial.


 


Can I clarify anything for you about this today please?

Customer: Can I keep my car xxxx
Alex Watts :

If you make repayments then yes

Customer: That's fine that's all I need to know thank you xx
Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.


Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.


 


Please bookmark my profile if you wish for future help: http://www.justanswer.co.uk/law/expert-alexwatts/

Customer: Thank you so much for your help. I just needed to know if I have a financial signed agreement with financial company, it's not my fault they changed their minds and car sales company want the car back after all who would release a car without having the funds from the financial company!! It's not my fault cxx
Alex Watts :

Yes if you signed a finance agreement they can not change their mind, this would be breach of contract. Please do remember to leave feedback for me.

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice