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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 26472
Experience:  Senior Partner at Berkson Wallace
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A finance company has had a contract hire car final payment

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A finance company has had a contract hire car final payment made by the dealer as part of the package in changing to a new car but has also taken the payment from my bank and say the dealer was slow to clear the debt so it wa taken direct from me with no consultation. They acknowledge that they have both payments and owe me but say it will take 10 working days. Meanwhile I have an overdrawn bank account and bank charges accruing. They refuse to discuss this with anyone but the policy holder. Are they within their rights knowing they have been paid twice?
JA: Have you contacted the seller or manufacturer?
Customer: Yes and the car dealer acknowledges the payment may have been a day late
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: The dealer insisted on including all the finance change from the old contract to the new one into the deal. I paid him in good time before taking delivery of the new vehicle

Hello. Thank you for the question. It is my pleasure to assist your with this today.
I have been in the legal profession, in high street practice, for 30 years so I have wide range of experience in a great many different aspects of law.
Please bear with me and 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.

Can i clarify - you have signed up for new agreement for finance but two payments have been taken at the same time - is this correct?

how much was taken and what are you having to pay in charges?

It’s amazing isn’t it? They can take payments instantly but it takes 10 days to refund. Nothing of the sort. They can refund in minutes it’s just that they sit around drinking tea and eating biscuits in the interim. They don’t like parting with money. It makes my blood boil to be frank.

They are of course not at all within their rights to retain the money but it appears that they are not retaining it, they are going to give it back, they are just going to be slow with it.

If you get overdrawn bank charges as a result of this, there is nothing to stop you taking the company to court to get those charges back although that process is not quick.

You can also make a complaint to the company in writing and if that doesn’t work you can make a complaint to the Financial Ombudsman.

There is a process that you need to go through although you can phone them, you will need to put everything in writing

https://www.financial-ombudsman.org.uk/consumer/complaints.htm:

The problem with the Ombudsman is that it’s not quick and that could easily take 12 months as indeed would court proceedings.

There is no way of dealing with.

Further, however you dress it up it’s the finance company that has the money not the dealer.

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

Stuart

Can I help you any further with this? It's my pleasure to help. I’m glad that I was able to help so far. Thank you for trusting Just Answer with your legal problem. I'm happy to clarify anything which is outstanding. Please don't hesitate to ask. Kind regards Stuart

Customer: replied 14 days ago.
Thank you. We seem to have a promise of rapid refund now and the Dealer will cover bank charges.

Excellent. Good result then.

If you don’t have any further questions, I will mark this question thread as complete but don’t worry, the thread stays open if anything else crops up over the course of the next days weeks or months.

I’m glad that I was able to help.

Thank you for trusting Just Answer with your legal problem.

Kind regards

Stuart

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