How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Stuart J Your Own Question
Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22923
Experience:  Senior Partner at Berkson Wallace
11292137
Type Your Law Question Here...
Stuart J is online now

VEHICLE LOAN WAS SETTING IN BY BARCLAYS THROUGH HALSHAW

Customer Question

HI VEHICLE LOAN WAS SETTING IN MY NAME OFFERED BY BARCLAYS THROUGH HALSHAW EVANS DEALERS BUT BECAUSE OF MECHANICAL ISSUES,AND DENTS IN VEHICLE I HAVE DECIDED NOT TO TAKE VEHICLE AND THEREFORE CALLED BARCLAYS BANK AND DEALER INFORMED MY DECITION AND ASKED THEM TO CANCEL MY CONTRACT,NOW THEY SAID THEIR NOT ACCEPT AND TOLD ME I HAVE BREACHED CONTRACT, THEY SAID MY CREDIT HISTORY WILL BE AFFECTED I CANNOT BORROW ANYMORE IN FUTURE,AND WANT ME I PAY ARREARS AMOUNT £356.68 BECAUSE OF DEFAULT NOTICE UNDER SECTION 87(1) OF THE CONSUMER CREDIT ACT 1974 WHAT SHALL I DO? MIND THAT I NEVER TOOK CAR,NEVER DELIVERED TO ME
JA: Where is this? And when did the issue begin?
Customer: ON 24/8/19
JA: What steps have you taken so far?
Customer: NOTHING THAT'S WHY I NEED YOUR SUPPORT
JA: Anything else you want the Lawyer to know before I connect you?
Customer: NO
Submitted: 6 days ago.
Category: Law
Expert:  Jo C. replied 6 days ago.

Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.

Expert:  Jo C. replied 6 days ago.

How can i help with this please?

Customer: replied 6 days ago.
Yes help me what shall i do?
Expert:  Jo C. replied 6 days ago.

are you asking if you are liable?

Customer: replied 6 days ago.
HI VEHICLE LOAN WAS SETTING IN MY NAME OFFERED BY BARCLAYS THROUGH HALSHAW EVANS DEALERS BUT BECAUSE OF MECHANICAL ISSUES,AND DENTS IN VEHICLE I HAVE DECIDED NOT TO TAKE VEHICLE AND THEREFORE CALLED BARCLAYS BANK AND DEALER INFORMED MY DECITION AND ASKED THEM TO CANCEL MY CONTRACT,NOW THEY SAIDTHEIR NOT ACCEPT AND TOLD ME I HAVE BREACHED CONTRACT, THEY SAID MY CREDIT HISTORY WILL BE AFFECTED I CANNOT BORROW ANYMORE IN FUTURE,AND WANT ME I PAY ARREARS AMOUNT £356.68 BECAUSE OF DEFAULT NOTICE UNDER SECTION 87(1) OF THE CONSUMER CREDIT ACT 1974 WHAT SHALL I DO? MIND THAT I NEVER TOOK CAR,NEVER DELIVERED TO ME
Customer: replied 6 days ago.
I'M WAITING FOR YOUR ANSWER PLS
Expert:  Jo C. replied 6 days ago.

im waiting for the information I asked for?

Customer: replied 6 days ago.
WHICH INFORMATION?
Customer: replied 6 days ago.
HI IS ANYONE READY TO HELP ME PLEASE WITH ANSWER?
Expert:  Stuart J replied 5 days ago.

 

I have been asked to look at this for you.

There are 2 elements to this, the purchase of the vehicle and the finance.

You say that you never took the vehicle because of problems with it.

Was the vehicle new?

Did you cancel the finance and if so, when.

I need a chronology please.

You say “they have told you have breached contract”. Who has? The garage of the finance company?

I’m afraid the facts are very confusing.

Customer: replied 5 days ago.
Vehicle was Used Vehicle 2014,yes i did called Barclays Bank and Delare Evan Halshaw to cancel Finance,also wrote official letter but they have refused and continue to stress me up,Barclays Bank they said i have breached Contract.
Expert:  Stuart J replied 5 days ago.

Thank you. You have 14 days to cancel the finance from the day that you took it out.

However that doesn’t cancel the contract to purchase the vehicle.

If you purchased the vehicle without visiting the dealer showroom, then you actually do have 14 days also to cancel the vehicle.

As you presumably cancelled within those periods, and as you didn’t take the vehicle, I’m not quite certain what the problem is unless you did go into the dealers and they are telling you that notwithstanding cancelling the finance, they are still making you purchase the vehicle.

Customer: replied 5 days ago.
Yes i did go to Dealer see vehicle,and did drive test and deposit £1000 but did not take vehicle, within 14 days i cancelled The finance, the problem they make with me first barclays bank they said i breached contract for refused to pay monthly contract after official informed them that i have cancelled everything and don't want vehicle anymore,and they said my credit will be affected and i can not borrow anymore in future,and last Dealer refused to pay me back £1000 deposit until now what shall i do?
Expert:  Stuart J replied 5 days ago.

You need to remember that our two completely different things here.

The vehicle.

The finance.

 

 

 

If you have agreed to purchase the vehicle and you visited the dealers showroom to buy it, you have no right to cancel and therefore, you are in breach of contract and the dealer would be entitled to damages. The dealer would probably keep the deposit although if you thought the deposit was more than the dealer could reasonably keep, you would have to take him to the Small Claims Court to get it back because dealers are well versed in taking money from people but not so cooperative when it comes to giving it back.

 

You can cancel finance within 14 days and that’s the end of it so I see why Barclays have anything to moan about.

Customer: replied 5 days ago.
Ok so what shall i do with Barclays? can you help me to get Solicitor who will help me to Deal with Dealer and Barclays please i will appreciate thanks.
Customer: replied 4 days ago.
Ok so what shall i do with Barclays? can you help me to get Solicitor who will help me to Deal with Dealer and Barclays please i will appreciate thanks.
Expert:  Stuart J replied 4 days ago.

There is no legal aid for this and solicitors are going to charge you GBP250 per hour. I can’t help but think that there is more to this because the right to cancel a financial transaction within 14 days, under the provisions of the Consumer Credit Act have been around for a long time and even the office cat working in the bank knows about it.

You need to make a complaint to the Financial Ombudsman after making a complaint to Barclays. You need to do that in writing in both cases, not on the telephone.

 

If I have answered your question for you, at the top of the page, you should see a rating facility. Can you please rate my reply 3 stars or more because that really helps me? Please note you are not rating whether it’s favourable, because sometimes you may not get the answer you want, but basically my knowledge and way of dealing.

The thread does not close and I am happy to answer any questions you may have arising from this.

Kind regards