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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10530
Experience:  Barrister 17 years experience
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I visited a car dealership and saw a car which I felt was perfect daughter, knowing

Customer Question

I visited a car dealership and saw a car which I felt was perfect for my daughter, knowing her finances, the salesman and I agreed a deal by way of a handshake and a £100 deposit and allowed me to take a photo of the deal which he had written on the A4 sheet. The deposit secured the vehicle £10995.00 SKODA and the financial deal of 60 monthly payments of £175.89, providing a greater deposit of £1,500 was placed. She saw the vehicle, test drove it liked it and said she wanted it, she made arrangements to go back in and sign up the paperwork based on the figures I had told her about. She did so but the original salesman was not there but the staff knew she was coming in. She collected the vehicle on Sunday 7th Feb (no issues with the vehicle whatsoever). I have since seen the documentation re the figures and they are completely different - initial 1st payment of £326.90, monthly payments of £177.90, final payment on month 60 of 326.90 and an APR of 5.0% not 1.99% as originally agree
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear Debbie, your daughter should go back in and seek the original deal. If necessary, she should get a solicitor to formally write a letter to the car dealer and seek the original deal as agreed. Essentially, in law, you were agent for your daughter in making the deal and the salesman was agent of the car dealer. Each of you agreed a deal on another's behalf. The salesman as employee and agent of his employer. You as agent of your daughter. The written terms which you photographed were the agreed terms of the agreement. this agreement is fully enforceable in law. So your daughter should now seek to enforce these terms and not the modified deal which she was given when she collected the vehicle on Sunday 7th February. It is not correct to state as the salesman did, that nothing can be done. Something can be done and the agreed terms enforced. However, your daughter should stand on her rights and ensure the deal you agreed is now enforced, as she has a right in law to these terms and not the terms given to her.
Expert:  Buachaill replied 1 year ago.
2. The terms of the finance agreement are also a consumer contract within the meaning of the Consumer Credit Act and the salesman is not allowed under that act to resile from his agreement to the effect of the charge for finance. Charging 5% after agreeing 1.99% is simply unconscionable and not allowed under law.
Expert:  Buachaill replied 1 year ago.
3. Please Rate the Answer as unless you Rate the Answer your Expert receives no payment for answering your Question so there is no incentive to answer any further questions.
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Customer: replied 1 year ago.
Thank you for your advice. My partner thinks it would be wise until this matter is settled to block payments to the loan company. As a police officer I am of a different opinion as I feel consequences may be the loan company coming to repossess/clamp the vehicle or her credit rating being compromised. Could you advise on this point please?
Expert:  Buachaill replied 1 year ago.
4. My own view is that loan repayments should be continued until the issue gets sorted out. I would suggest a formal letter from a solicitor or from yourself should be written in relation to the matter. This should set out the situation and make clear that what happened was unconscionable. Some redress should be sought. HOwever, you are correct in your approach that simply stopping payments on the loan brings other adverse consequences, some of which might be unwanted. First, some attempt at a resolution should be sought before unilaterally stopping payments on the loan.
Customer: replied 1 year ago.
Very many thanks.....my letter is nearly complete.
Expert:  Buachaill replied 1 year ago.
5. Best wishes with it.