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Mis sold Car Finance Agreement?

7 replies

ZombiesAteMyBaby · 03/09/2015 19:05

Would appreciate any help with this if anyone knows anything.

My DSD took a car finance agreement with VW for a new car 2 years ago. When she took out the agreement in the VW dealership she asked the salesman if her circumstances changed in the future was there an option to sign the car and finance over to someone else. He said there was definitely that option if required. At the time she had just started a new job and was worried in case she didn't pass the probation period.

She has got a new job abroad which she leaves for in 2 weeks. She has arranged with one of her friends to sign over her car and the remaining finance. She finished in her current job next week so wanted her car until then as she needs it to commute. She spoke to the finance company today to arrange to have the necessary paperwork sent out to sign over the car.

After being passed around several different departments and spending house on the phone, it now turns out that she can't sign the car over to someone else! Hmm The only options she has are keep paying for the car (which she won't be using as she's leaving the country) or pay the finance company £1700 lump payment and give the car back to VW. She doesn't have £1700 to give the car back and doesn't want to continue paying for a car she can't use that will just be stuck in our driveway.

Does she have any comeback at all with VW or the finance company? She only took out finance on the agreement that she could sign the car over to someone else if her circumstances changed. Has she been mis sold the car? Unfortunately she doesn't have anything in writing to prove what the salesman said.

OP posts:
ZombiesAteMyBaby · 03/09/2015 19:07

finishes and hours, silly autocorrect Hmm

OP posts:
MuttsNutts · 03/09/2015 19:10

Is there anything in the finance agreement that states she has to remain the main driver? If not, and I realise that may be a big 'if', can her friend pay her each month and she just continue to pay the finance company?

ZombiesAteMyBaby · 03/09/2015 19:27

No it states that she must be the main driver. Also because the car is on finance most insurance companies will insist that she is the main driver.

OP posts:
MuttsNutts · 03/09/2015 20:13

Yes, that sounds about right.

Sounds like the salesman was willing to say anything to get the sale but as you have nothing in writing I doubt you'd be able to prove this instance of, at best sharp practice, at worst downright dishonesty, as they would just deny he ever said it. So it's her word against the salesman's.

LurkingHusband · 04/09/2015 08:36

Sounds like the salesman was willing to say anything to get the sale but as you have nothing in writing I doubt you'd be able to prove this instance of, at best sharp practice, at worst downright dishonesty, as they would just deny he ever said it. So it's her word against the salesman's.

But courts go on balance of probabilities, so the probability of each party lying is important.

And these days it's trivial to get a friend to record a pitch from the salesman promising the same thing, if needed in court.

fastdaytears · 04/09/2015 08:40

This is really bad of VW. I have a car from them on a similar arrangement I think Confused

I think the problem will be that your DSD signed the paperwork saying she has to be the main driver blah blah. I guess the salesman will say if he had said it can be passed on to someone else, wouldn't she have asked for that bit of the agreement to be crossed out?
Is the guy still at the same place? She could try talking to him or his manager?

OutToGetYou · 04/09/2015 08:49

She needs to write to them and complain, then write to the Financial Services Ombudsman and complain to them.

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