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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70636
Experience:  Over 5 years in practice
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I purchased a car in August last year from a car dealership,

Customer Question

I purchased a car in August last year from a car dealership, there have been problems with the finance arrangements for the car, and I am going to exchange it with the same dealership for a new car. It transpires, that the garage did not send the registration log book, therefore the car is not registered to me. Could you please clarify who legally the car belongs to?
There was misunderstanding and lack of clarity during the sale with regards ***** ***** finance, which meant I was left paying 2 loans (one for the car I had exchanged, one for the car I'd purchased), when I had understood at the time of sale that the former loan would be settled. The sales person, who was a trainee on a probationary period had been pushy and had wanted a deposit that day, I did feel somewhat pressured into the sale. This is the reason, I am part exchanging the car for another, so I can consolidate the 2 loans. However, I realized that I never received the registration documents for the car, when I checked with DVLA, it hasn't been registered to me.
Thankyou, Keith
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What type of finance agreement is this?
Customer: replied 2 years ago.

The current agreement is HP

Expert:  Jo C. replied 2 years ago.
In that case, you will not be the complete owner of the vehicle until you have made the last payment upon the HP agreement.
You are entitled the physical possession of the car though if you are the registered keeper unless they get a court order to the contrary.
Generally speaking though, unless the agreement is very recent they will want the money rather than repossession because of negative equity.
Also, most agreements have a provision that prevents them repossession after the half the payments are made but allows them to claim the money.
Can I clarify anything for you?
Jo
Customer: replied 2 years ago.

Thanks for your response. Due to the dealership holding the registration document for my current car does this allow me to proceed with exchanging the car without delay?

Expert:  Jo C. replied 2 years ago.
It depends.
Did they arrange the finance?
Customer: replied 2 years ago.

yes

Expert:  Jo C. replied 2 years ago.
Is it with the same company?
They knew your car was on HP I presume?
Customer: replied 2 years ago.

thanks I have managed to resolve it with the dealership

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
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