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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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My company have purchased 2nr trucks from Mitsibushi (On HP)

Customer Question

My company have purchased 2nr trucks from Mitsibushi (On HP) the first was delivered 6 weeks ago and we collected it, the second turned up last week and again we collected it.
We then got a phone call from Mitsibushi saying the credit had not been agreed on the 2nd truck and that we must pay them the balance owed or return the vehicle immediately.
We have stated this is there error and as far as we are concerned the vehicle is ours.
They have since said they have sourced alternative financing via another company that are willing to finance the truck for us but we have to pay an additional £4k over the term.
I have said to them in our eyes we have given them £5k (the deposit per truck) and they have given us a truck so the deal could be seen as settled??
Really need some advice please. Shall we dig our heals in and pay no more or say we will pay the same monthly amount we pay on the first truck?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts : Hello my name is ***** ***** 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, but rest assured I will be giving your question my immediate attention upon return You do not need to wait here as you will get an email when I reply.
Alex Watts : Was the finance not agreed before collection please?
Customer:

We assumed the finance was agreed on both trucks only to be informed after we collected the 2nd truck that the finance only covered the first

Alex Watts :

Had you signed a finance agreement?

Customer:

We signed a finance agreement on the first truck when we collected it, although we assumed this covered both truck which evidently it didn't.

Customer:

When we collected the 2nd truck they just gave us the keys and we tool it

Customer:

*took

Alex Watts :

Did they ever say finance was approved?

Customer:

On the first truck yes, we assumed this meant both. It wasn't until a day after we had collected the truck they called to say that the 2nd truck had been declined

Alex Watts : Did they say it was conditi
Alex Watts : conditional upon finance please?
Customer:

No they never, they gave us the keys and we took the truck.

Alex Watts : Ok. It's bad news I am afraid.
Alex Watts : because you have not been approved then sadly you need to finance it.
Customer:

even though it is in our name and we have the keys?

Customer:

and we gave them 5k already

Alex Watts : Sadly yes,
Alex Watts : You have they keys if belongs to you, but you owe now a debt,
Alex Watts : You need to refinance and pay the debt,
Alex Watts : You have the vehicle but you owe the debt.
Alex Watts : Therefore how you discharge the debt is up to you whether by other finance or loan.
Alex Watts : But sadly you can't make them give you finance nor carry the extra cost.
Customer:

ok thanks for your help

Alex Watts : I am sorry if this is not the answer you want and certainly not the one I want to give you, but I have a duty to be honest.
Alex Watts : Can I clarify anything for you about this today please?
Customer:

no thanks

Alex Watts : Great, if I could if invite you to rate my answer please.
Alex Watts : If the system won't let you please do say.
Alex Watts : If you need more help please click reply.
Alex Watts :

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