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Jamie-Law
Jamie-Law, Solicitor
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Experience:  Solicitor
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I have a interesting situation going whit my vehicle

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Hello!
I have a interesting situation going whit my vehicle finance.
I own a vw touran with £5755 outstanding finance with black horse.
I tried to p/x the car with Evans Halshaw on the 14.02
I canceled the deal 2 days later and decided I don't want the vehicle they where selling. The only paper I have from them is a pre order form.
Last week I received a letter from Black horse to say my finance was paid for in full and my contract finished. I didn't make this payment as Evans did it.
I contacted black horse and Evans about this, but the dealer was very rude and basicly kicked me out of his dealership.
It's been a week now and they haven't asked for money back form black horse.
Checked my settlement figures on the web portal and it still says nothing to pay.
Now I want to buy a new car, but what happens if Evans asked for the money back from Black horse?
Is there any legal reason I shouldn't take advantage of this situation?
What can happen is I p/x my vehicle with 0 outstanding finance now?
As the payment from Evans was made on the 26.02, they and 21 days by now to fix it.
How is the legal owner of the vehicle now?
I am really tempted to take advantage of this as I have paper proof there is 0 finance on my vehicle but in the same time, really need a new car and this issue is keeping me from getting one.

Hello my name is ***** ***** I will help you with your question today. I am reviewing it, please give me a moment.

Did you sign an order form?

Customer: replied 4 months ago.
I did sign the order form and paid a €150 deposit on top of the p/x.
But they refunded my deposit and canceled the order.
Customer: replied 4 months ago.
I also signed a refund request and cancelation form 2 weeks later and they refunded my deposit on the 1.03 after they paid for my finance on the 26.02
Customer: replied 4 months ago.
I`ve made all efforts to rectify the issue, contacted black horse twice about the issue, and they said it`s nothing to do with them and evans has to rectify it.
Contacted Evans 1 week ago and the manager said it`s down to their accountants to deal with the issue and said he`s not interested and invited me out.
Now from my point of view, I made all efforts to rectify the issue, but now I am really considering to take advantage, and just go ahead and p/x the vehicle with 0 finance.
If it comes to evans cancelling the payment, it`s down to black horse and evans to rectify it between them.
I also have daily printscreens from black horse online service that say I have 0 left on finance, and texts to confirm + waiting to get 3 more letters to confirm the finance is closed, as I requested them from the online portal in addition to the one I have now, that contains a full breakdown of payments.
Black horse even refunded my last direct debit payment.

Sothe dealer cancelled the order, but still been paid by the lender? How can they say it’s nothing to do with them?!

Customer: replied 4 months ago.
they did, I was surprised to hear their answer. The manager blamed me for the issue as it was my fault I canceled the order on the 16.02 and they paid my finance on the 26.02.
I am surprised it's been a week since I visited them and I didn't get a phone call and they didn't sort it out.
They didn't contact me to sort it, it's like they really don't care they paid £5755 for nothing.

the lender is jointly Liable under S.75 of the Consumer Credit Act 1974.

You need to write to the lender, as it is their fault and make a complaint. They will investigate this and report back to you.

In any event you are entitled to cancel finance within 14 days under the Act

If they do not uphold the complaint you can then complain to the financial ombudsman. They regulate these people and can investigate your complaint for free at www.financial-ombudsman.org.uk

That should resolve matters for you.

Can I clarify anything for you about this today, please?

If not, I would appreciate a 5-star rating for my answer. If you need anything further I am available for a follow up at no extra cost.

Customer: replied 4 months ago.
but there is no finance to cancel.
I never got the new vehicle, I am only concerned that the finance was paid by error by Evans.
My question is, legally can I use this in my advantage and just part exchange the vehicle with 0 finance as the dealer never resolved the issue?
I want to p/x this car with another dealer for another car.
If Evans resolves the issue can I be forced to pay the €5755 they paid by mistake?

Yes I think you can. You can’t be forced to pay anything. It is not your fault.

Does that assist?

Customer: replied 4 months ago.
That's great. Thank You!

All the best. If I could ask you to rate my answer before you go today, by clicking on the 5 stars or happy face at the top of the screen, otherwise the site does not pay me for the time spent with you today. It is also an important part of the online process. If you need anything further I am available for a follow up at no extra cost. Thank you in advance and good luck!

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