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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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In August 2014 I bought a used car on a 36 months hire-purchase

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In August 2014 I bought a used car on a 36 months hire-purchase agreement. This September the dealership - who is also the financial broker - called me, telling that I am eligible for an "upgrade", because I have paid on time for 12 months. So I went there, took an other car, and they advised me to call the finance company that I want to return the first car, and do not pay a penny more to them. They also took the key and the V5C of the car and I left that car on their site.
As I did not have the car in my possession any more, I have cancelled its insurance and road tax, and notified the DVLA, that the car has been rescheduled to the lender.
I called the finance company a few days later, and they told me that I can not return the car, unless I have paid till half teem of the contract. They wanted me to pay about £1600, which I refused, as in my opinion this is the dealership's responsibility, because they misled me.
Am I correct supposing that the dealership is financially responsible?
What should I do?
Ps. Last night the car has appeared in front of our house, and it's key was dropped in our letterbox. The car has a device fitted which involved the car in case of missed payments.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
The finance company are correct, you need to pay 50% to return the car. So this makes the dealership financially responsible and also technically the finance company because they are jointly liable under S.75 of the Consumer Credit Act 1974 for breaches by the dealer.
Therefore the dealer and the finance company are liable.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
Hello Alex,Thanks for your answer.
It is clear now, that I should not pay the creditor any more money, which is good. :)
Obviously they did not tell me about this section 75, though they were referring to S.100 of the same.As I see I have a few options here:
1, Not doing anything, and waiting for them to act, knowing that I am in the winning position in this game.
2, Write a letter to the creditor and the dealer, asking them to resolve the issue between each other.
3, Starting a legal action against the creditor and the dealer, also claiming my expenses and losses.Which one do you suggest?Thanks,E
Expert:  Ash replied 1 year ago.
I would do 2, send a letter
Does that help?
Alex
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Thanks, I'll do that.

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