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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23719
Experience:  Senior Partner at Berkson Wallace
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I was looking to purchase a new car on a PCP finance deal

Customer Question

Hi there, I was looking to purchase a new car on a PCP finance deal last month and went into the showroom and requested that they apply for finance on my behalf (once) to see if I was eligible to purchase the vehicle. I was and I told them that I needed the weekend to sort out logistics of parking the vehicle, insurance etc and will proceed with the finance application of £16000 on the following Monday. On Monday the sales rep I spoke to was on holiday so another rep took over the sale and informed me I hadn't been put through for finance (I had, it didn't show up on my credit score yet) so he pushed through another hard check assuring me I hadn't been accepted yet (it's now become apparent he was fighting to take over the other reps sale) so now on my credit score it looks like I've applied for more credit than I can afford and sent my score down 53 points which is going to have a lot of negative effects on my life because I'm trying to buy a house and car! Finally after a complaints procedure I was contacted by the initial rep saying I've been declined for finance and to not worry they've 'pushed it through' a third time, so it now looks like I've tried to apply for £48,000 worth of finance in the space of ten days, so now I'm totally screwed when it comes to credit. I'm wondering if I have a case for damages here or if there's some way the two non-consensual hard searches can be removed?EDIT: I'm in England, United Kingdom
JA: Where is this? And when did the issue begin?
Customer: England UK, last week
JA: What steps have you taken so far?
Customer: last month sorry Compalined to ombudsman
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: No
Submitted: 15 days ago.
Category: Law
Expert:  Stuart J replied 15 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

What did the car dealership say when you pointed this out?

did you still purchase the car?

Customer: replied 15 days ago.
They said that they could get the searches removed but tried to get me to purchase the car. And no I didn't because the whole process was stressful. Now I have been declined for car finance for £15000 whereas before this I would have been accepted. I would also be declined for a mortgage until I build my score back up too. I need a car for work as I'm no longer working from home.
Expert:  Stuart J replied 15 days ago.

You certainly have a complaint to make to the car dealership in respect of the conduct of these salespeople and as that will not get rid of the entry on your credit history, a complaint to the Financial Ombudsman.

From experience, I can tell you that it’s unlikely you will get the searches removed without a court order. However, start with the complaint to the car dealership and then to the Ombudsman because the beauty of the ombudsman is that it may just work and of course it's free.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.
I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.
It will be my pleasure to help you again either further with this or any future questions you have
Kind regards