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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I was accepted 90 days ago car lease, I filled in and

Resolved Question:

I was accepted 90 days ago for a car lease, I filled in and signed all the documentation as instructed. The vehicle was duly delivered on the given day and I thought all was ok.
I have just had notification from the car dealer that they have turned down my application and they say they want the vehicle back although I have been driving it for nearly two weeks.
Are they allowed to do this and what should my next move be.
regards
Phil Wherrett
Submitted: 1 year ago.
Category: Law
Expert:  Joshua replied 1 year ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

  1. May I ask if this is a car you bought from the dealer on finance or was the car suppled direct from the leasing company?
  2. Have you made any payments yet?
  3. Do you know if this is a hire purchase, contract hire or straight personal lease finance arrangement?
  4. Finally do you have anything formally that confirms your application has been accepted?
Customer: replied 1 year ago.

Hi.

The answers to your questions are as follows.

1. the car was supplied by a dealer on the instruction of the leasing company.

2. I have paid the three months up front to Lings Cars who arranged the lease.

3. It is on a personal lease

4. I have all the documentation from Lings cars.

Expert:  Joshua replied 1 year ago.
Many thanks. From what you say do I understand correctly that you have not received anything from the finance company to confirm that they agree to provide you with a lease? Is that correct or do you have something in writing from the confirming acceptance?
Customer: replied 1 year ago.

I have the hire agreement from Jaguar contract hire, I kept a copy and faxed the agreement back to lings cars as instructed

Expert:  Joshua replied 1 year ago.
Many thanks. If the finance company has provided you with a finance agreement and you have signed and accepted it, most finance agreements provide that the finance agreement is deemed to be made and accepted when you take delivery of the car. You can check the terms - usually under a heading £Delivery and Acceptance" or words to that effect. Assuming this agreement has as similar provision and there is no further condition which makes the agreement provisional to a final acceptance by the finance house then you are likely to have a bind agreement which cannot be cancelled early by the finance house unless you are in default by not making payments.Assuming your agreement follows the above form, you may consider replying that you hold a finance agreement which has been accepted by both parties under the terms and you would ask them for evidence of their right to cancel the agreement at this stage. They will need to be able to point to a provision that makes the agreement subject to final acceptance in order to be able to do so. If they have included a general right to cancel the agreement at any time this will be an unfair term under the Unfair Terms in Consumer Contracts Regulations unless you also have a like right which I assume would not be the case and this being the case such a term would be unenforceable.Accordingly a request for authority of their right to cancel the agreement would appear to be your appropriate reply if you wish to continue the agreement. You may also wish to ascertain what if anything is the reason for their decision by checking your credit files to ensure there is no wrong information contained on the same.I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or just reply back to let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me I'd be very grateful
Customer: replied 1 year ago.

So to clarify... I was credit checked back in January, I signed the hire agreement in April and paid three months up front and took delivery in May. They then said that something showed on the credit file after delivery. Am I to believe then that they cannot demand the vehicle back.

Phil...

Expert:  Joshua replied 1 year ago.
I would agree entirely with that analysis unless they can point to a specific term in their conditions that made the agreement subject to final approval which has not yet been given. That would be unusual because it is not normal practice to provide the car before they have accepted you for finance for fairly obvious reasons, but you may wish to check through the terms to ensure there is nothing there that states as much. In the assumption that there is no such term there you can as you suggest take the position that the agreement is done and they have no right to cancel the agreement as you are not in default (note if you are made bankrupt there is typically a term that allows them to take back the car but I assume this is not relevant here).I hope the above is helpful? Can I help you with anything else or has the above answered your questions satisfactorily? If you could drop me a quick message to let me know I'd be very grateful.
Customer: replied 1 year ago.

The only term in their conditions relates to termination due to change of circumstance, is that relevant?

Expert:  Joshua replied 1 year ago.
Unlikley I suspect but can you either give me the wording of this provision or summarise what it says to be sure?
Customer: replied 1 year ago.

The wording is as follows

"any information which you have given us and which we have taken into account in deciding whether or not to purchase the vehicle and enter into this agreement is incorrect and we reasonably think this negatively affects (or would have affected) our decision to hire the vehicle to you in a material way"

The information was correct when all was agreed otherwise surely it would have been declined. My personal circumstances may have changed very slightly since January when it was all agreed but not very much (I have been off work with an injury so there may be an odd late payment on my file)

Expert:  Joshua replied 1 year ago.
That's fine thank you. This is a standard provision which affords thema right to terminate if they can show you provided false information. In the assumption that you did not supply any false information the above does not provide a right for them to cancel.Have I been able to help you with all your questions on the above?
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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