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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience:  Solicitors 2 years plus PQE
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Last October I bought a second hand car. I was selling my car

Resolved Question:

Last October I bought a second hand car. I was selling my car as part exchange which had outstanding finance (which was part of the deal originally) but then I got an offer for more money by a private buyer. The garage settled the finance on my old (lovely gesture) but now 3 months later are asking me to pay them?
Where do I stand? They didn't pay me but the finance company
regards
Nick
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question and welcome.
My name is ***** ***** I will assist you.
How much are they claiming you owe them?
Was it always intended that settling the finance was intended to induce you to enter into the deal? Was it documented anywhere that if you didnt sell your car to them, then they could recover the money from you?
Kind regards
AJ
Customer: replied 2 years ago.

Hi Alex

£3440.00 ish

Yes, it was part of the original discussions and deal but the offer for my car was book only.

I had advertised the car but had no response until a bloke walked past, saw it, test drove it and came round the next day and bought it. I informed the garage that this is what had happened a week before I got on the train to guy and buy their car. I have already put a deposit on the car.

No it wasn't documented anywhere. that said; I live 230 miles away from the garage. The original documents were drawn up but subsequently changed. The dealer sent off the wrong papers to their finance team who then settled the finance.

does that help?

KR

Nick

Customer: replied 2 years ago.

Hi Alex


£3440.00 ish


Yes, it was part of the original discussions and deal but the offer for my car was book only.


I had advertised the car but had no response until a bloke walked past, saw it, test drove it and came round the next day and bought it. I informed the garage that this is what had happened a week before I got on the train to guy and buy their car. I have already put a deposit on the car.


No it wasn't documented anywhere. that said; I live 230 miles away from the garage. The original documents were drawn up but subsequently changed. The dealer sent off the wrong papers to their finance team who then settled the finance.


does that help?


KR


Nick

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
Technically they paid this in error, therefore they would have grounds to claim it back if they could prove that it was conditional on you actually selling them your car.
Have they threatened you with court proceedings?
Kind regards
AJ
Customer: replied 2 years ago.

no threat of legal proceedings but I can look for the original documents to establish the conditions of the sale if that would help?.

KR

Nick

Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
Yes the conditions of the sale are crucial in determining whether there is actually a legal claim for you to repay the finance. Can you let me know?
Thank you very much.
Kind regards
AJ
Customer: replied 2 years ago.

below are the emails in relation to the finance.


Thanks Nick.



I have now arranged for the deal to be invoiced



As soon as I have the invoice I will forward that along with other requested paperwork to loans 4u J




Regards,



Daf.



Dafydd Larcombe.



Mon Motors Chippenham.



General Sales Manager.



Direct to Office 01249 667765



Cellular Number (###) ###-####6754



Description: monmotors_small_white



This communication (including any attachments) is confidential and may contain information that is legally privileged or exempt from disclosure. The communication is intended only for the use of the addressee(s) named. If you are not an intended recipient, or the employee or agent responsible for delivery to an intended recipient, please note that any unauthorised viewing, copying, printing, storage, dissemination or distribution of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by replying to the message and then delete it from your computer



Mon Motors Chippenham is a business name of Mon Motors Limited. Registered in England & Wales No(###) ###-#### Registered Office: Mon Motors Ltd, Avondale Road, Pontrhydyrun, Cwmbran, Gwent NP44 1TT UK



Avondale Road, Pontrhydyrun, Cwmbran, Gwent NP44 1TT UK






From: NICHOLAS HEADLEY [mailto:*****@******.***]
Sent: 06 October 2014 14:23
To: Dafydd Larcombe
Subject: Fw: A45156







Despite saying they wouldn't email I get this??









----- Forwarded Message -----
From: Janine Cowdroy <*****@******.***>
To: *****@******.***
Sent: Monday, 6 October 2014, 13:32
Subject: A45156








Monday, 06 October 2014







Mr Nicholas Headley




41 East Parade




York




North Yorkshire




YO31 7YB



















Dear Mr Headley




In response to your request-received 06/10/2014 for a settlement figure, we have pleasure in providing the following information:






Type of Agreement: Hire Purchase




Customer Name: Mr Nicholas Headley




Agreement Number: A45156







Amount payable to settle agreement (before rebate): 3,977.16




Amount of finance rebate: (Inc Insurance Rebate) 555.11




Default Interest:








Settlement Figure (to pay): 3,422.05







This amount should be received at our office not later than: 03/11/2014


being the Settlement Date calculated in accordance with Regulation 3 of the Consumer Credit (Settlement Information) Regulations 2004. If it is received later than that date the amount of rebate may be reduced, and the amount of settlement increased.






Please Note:




The amount of rebate has been calculated having regard to the Consumer Credit (Rebate on Early Settlement) Regulations 2004. General Information about the operation of the Consumer Credit Act 1974 and Regulations made under it, is made available by the Office of Fair Trading, Field House, Breams Buildings, London, EC4 1PR and advice may be obtained by contacting the local Trading Standards Office Department or the nearest Citizen’s Advice Bureau.







Yours sincerely










For and on behalf of Advantage Finance Limited







Footnote: Your obligation under this contract will not cease until cleared funds have been received by Advantage Finance Ltd.







S



















Janine Cowdroy
Internal Sales Manager



Advantage Finance Limited
Unit 7 Acorn Business Park
Moss Road
Grimsby
DN32 0LW
Tel: 01472 586365
Email: *****@******.***
Departmental Email: *****@******.***
Website: http://www.advantagefinance.co.uk/



The information contained in this e-mail is confidential and may also be subject to legal privilege. It is intended only for the recipient(s) named above. If you are not named above as a recipient, you must not read, copy, disclose, forward or otherwise use the information contained in this email. If you have received this e-mail in error, please notify the sender (whose contact details are above) immediately by reply e-mail and delete the message and any attachments without retaining any copies.

Advantage Finance Ltd, Unit 7 Acorn Business Park, Moss Road, Grimsby DN32 0LW. Registered in England and Wales. Company Number(###) ###-#### ***** office: Royal House, Princes Gate, Solihull, West Midlands B91 3QQ. Telephone calls may be recorded and monitored for training, quality and compliance purposes. Authorised and Regulated by the Financial Conduct Authority.










Expert:  Alex J. replied 2 years ago.
Hi
Thank you.
I will review this today and revert to you as soon as possible.
Kind regards
AJ
Customer: replied 2 years ago.

Do you want the actual finance agreement as well

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
For the moment I do not think it will be necessary.
Kind regards
AJ
Customer: replied 2 years ago.

Hi Alex

Do you have any further updates or do you need more info?

regards

Nick

Expert:  Alex J. replied 2 years ago.
Hi,
My apologies.
I have just read this - I cannot see anywhere that the payment was conditional upon you selling them your car.
The explanation I can garner from this is some one the seller's office jumped the gun and paid the finance without thinking.
Have they threatened you with proceedings yet or just sent the demand for repayment?
Kind regards
AJ
Customer: replied 2 years ago.

Just a demand for repayment - I've gone through the actual finance and there's no mention of the p/x being conditional, in fact no mention what so ever.

They sent me the first letter by recorded delivery by the postman did not get a signature - he just posted it so the first letter contains both signatory strips ( no proof it has been received) but I've just picked up a missed post card from royal mail with another letter which has to be collect and signed for. I have 17 days left before I actually need to collect this one.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
All I can say in my opinion is this really is their problem. Looking at the view from your angle they effectively offered this payment to incentivise you to buy a car from them. The fact that they did not document it as conditional is their fault.
Looking it at it from their point of view, they made a mistake and may be able to claim payment under the law of mistake. I think however this is clutching at straws as any claim they bring against you will probably have a defense of promissory estoppel this means you acted in detrimental reliance on what they were telling you (i.e of payment of your finance) and in doing so purchased a car from them.
You have the following options:
1. Pay the finance;
2. Try and negotiate a settlement with them;
3. Tell them they induced you into purchasing a car from this payment - you cannot see any right they have to it being repaid, and refuse to pay them. If they then want the money they will have to sue you - I suspect they have not sued you yet, as they do not actually believe they have a claim.
I look forward to hearing from you.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3557
Experience: Solicitors 2 years plus PQE
Alex J. and 2 other Law Specialists are ready to help you
Customer: replied 2 years ago.

I like the sound of option 3 (who wouldn't) how much would you charge to draft me a letter out?

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
We cannot really draft documents on this site.
Just make sure you capture the key elements:
(i) The contract was never conditional on you selling them your second hand car;
(ii) You were induced into a sale on the basis of the finance settlement.
(iii) They have no legal grounds to bring a claim.
I look forward to hearing from you.
Kind regards
AJ

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