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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience:  Solicitors 2 years plus PQE
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My partner purchased a vehicle from a second hand car

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Hello. My partner purchased a vehicle from a second hand car dealership. He put in his existing car in part exchange which had finance on it. This dates back around 4 months. The finance company had contacted him a couple of times about the finance being settled (by phone) and he rang the dealership and was assured the finance had indeed been settled - this was around November 2015.
On Monday we saw someone looking at our new vehicle and went outside and the man indicated he was a bailiff employed to settle the finance on the vehicle we had part exchanged. We explained the situation and he was understanding but indicated we should get on to the dealership to resolve as the finance was still outstanding.
After several heated phone calls and ultimately a visit to the dealership, someone came out to see him and tried to fob him off, saying they couldn't find the file, but finally found the file and confirmed the finance had not been settled. They said it was too late to sort that day. We received a call the following day to say the finance had been finally settled. We asked for the owner/director to make contact to explain why this happened and they have refused to make any contact with us. My partner was firstly embarrassed as the bailiff spoke openly about why he was outside our house in front of our neighbours and also my partner now cannot get finance to change the vehicle with any other dealership as there are 4 default notices on his credit file. That was then embarrassing when having the conversation with the new car dealer..
What are our next steps to get the defaults removed from his file and how do we stand in getting some financial compensation for the way in which he has been treated, the professional embarrassment (he is a company director of a ltd company) and the time he has had to spend trying to resolve this as the dealership put many barriers up and the salesman was actually quite threatening... Any advice would be much appreciated. Mike
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.
How we stand in law about getting defaults on credit file removed and what Acts to quote to try and get company to accept liability and provide compensation without having to take matter to county court. Also not sure what compensation figure to seek? Also unsure if they have broken a criminal law!
Customer: replied 1 year ago.
we have also seen the old vehicle that had the finance outstanding on it being driven around locally, so they have sold vehicle on with finance outstanding. Salesman at dealership also indicated 3 other customers had been in to the dealership on the same day complaining the same thing had happened to them
Expert:  Jo C. replied 1 year ago.
Who was supposed to settle the finance?
Customer: replied 1 year ago.
The dealership were supposed to settle the finance on the old vehicle, as the new finance with the dealer incorporated the settlement amount for the vehicle we part exchanged. They then lied twice when we chased whether it had been settled by them, telling us they had paid it, when they hadn't. They ultimately paid the finance off on 19.1.16
Customer: replied 1 year ago.
strangely we had never received any written correspondence from the finance company indicating the finance had not been paid off or the intention to instruct a bailiff. The only contact before the bailiff arrived was 2 x phone-calls, this is what prompted the 2 calls to the dealer who lied and said the finance had been settled when it wasn't
Expert:  Alex J. replied 1 year ago.
Hi
Thank you for your question. My colleague has asked me to assist you with this.
Can you kindly confirm the following:
- Did the company notify you of its authorisation under this FCA?
- Has the company told you how to raise a complaint?
- Did the dealer commit anything to writing when he said he would pay off the finance?
I look forward to hearing from you.
Kind regards
AJ
P.S I will be on and off line tonight so please do not be concerned if you do not hear form me right away, I will respond to you.
Customer: replied 1 year ago.
Hi. Sorry for the delay in responding.Thanks for your email.I'm not 100% sure what you mean in point 1 - if you could clarify, as not even sure whether FCA refers to fixed credit agreement, or financial conduct authority!No the company were not interested in hearing about the complaint. My partner asked for the manager/owner to contact him re a complaint and the response was he has said he won't talk to you. Followed up, by "we've paid now - so nothing else to say"3rd point - yes, my partner has paperwork from the dealership for the new vehicle purchased quoting the settlement figure for the part exchange vehicle and that the dealership would be settling it. They have not disputed they were liable to pay it, they simply didn't pay it and lied twice saying it had been paid when it hadn't which resulted in the bailiff attending our house.
Thanks,Mike
Expert:  Alex J. replied 1 year ago.
Hi, Thank you. My apologies for the delay - yes I do mean the Financial Conduct Authority. If they are not interested in the complaint - then I would recommend you go and complain to the Financial Ombudsman immediately. You have paper work to prove that they committed to repaying the finance - the Ombudsman is used to stop customers from being unfairly treated - where you have evidence that you promised that the finance would be paid you have a very good chance of successfully obtaining compensation as the decisions are made as a matter of fact not necessarily law - www.financial-ombudsman.org.uk/Are the bailiffs private bailiffs?
Customer: replied 1 year ago.
Yes they are private Baillifs, not court appointed.
Would the ombudsman service be able to assist with getting the defaults removed from credit file also?
Thanks.
Expert:  Alex J. replied 1 year ago.
Hi thank you. If the ombudsman rules in your favour and the default is reversed then you can update credit file accordingly. You could also ask the Ombudsman to order the dealer to arrange it. Do you know how much loss you have suffered as a result? Kind regards AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3653
Experience: Solicitors 2 years plus PQE
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Customer: replied 1 year ago.
Many thanks for your advice. Mike