Main dealer sold me car with outstanding finance

username123

So I bought a car. Paid deposit on saturday, paid balance on monday, couldnt collect car til thursday. Main dealer so i thought no problems but something told me to check finance anyway.

Did so. Discovered finance outstanding. Phoned dealership on thursday, told salesman Id found finance outstanding. His first words were 'there is no finance outstanding on that car?!?!?'. I assured him there was, he went to investigate and phoned me 2 hours later stating that there WAS outstanding finance on the car, but that he had spoken to the previous owner, and it was going to be settled that day. He still wanted me to collect the car at 5pm (on the basis of that nice verbal contract that finance would be sorted). I refused to collect car, said I wanted to see documentation from loaning institution that finance was settled on car. He hummed and hawed, said he would phone me back.

Later that day. I had a chance to think about things and decided I wasnt happy with state of affairs. Phoned consumer connect who assure me I am entitled to full refund as goods misrepresented to me. No call back from dealership so I called to them myself later that evening. Salesman more or less made me out to be an idiot for even considering outstanding finance was an issue. Told me to deal with manager next morning.

This morning. I phone manager and tell him i am not happy with situation and want to cancel deal and have full refund. I am then subjected to 30 minutes of what can only be described as brow beating, he accused me of having an ulterior motive, said Im unreasonable, said there was no problem, no finance outstanding on car. I pointed out finance was outstanding when car sold to me, and Id paid in full and finance issue only addressed because I brought it up. Refused to listen to anything I said. Circular conversation where he just keeps repeating that there is no finance outstanding on car and i repeat that there WAS until I brought it to his attention. Besides general bad attitude he also directly contradicted SIMI consumer documention claiming liability would not have fallen on me, this is normal practice, these 'websites or whatever' that I got my information from are wrong etc...etc....

Eventually he agrees to give me back monies but that he is keeping the deposit. Says that I am cancelling contract for no good reason and he is entitled to keep deposit. Consumer connect say different. I now have option of small claims court, SIMI complaint process and/or solicitor. A lot of hassle basically.

Anyone experienced similar - what was outcome?

TheColl

Sorry to hear you've had such a bad experience. Not sure what the SIMI complaint process is like but if it's not going to cost anything then I'd definitely go through it, would hate to think of a dealer getting away with this kind of crap. Best of luck mate.

Shane732

You wouldn't happen to know any solicitors would you? I think a friendly letter from a solicitor would do the trick here. As I'm sure you're aware the dealer is just trying to rip you off here.

If you don't know a solicitor then I'd suggest you go down the lines of SIMI and a submission to the small claims court simultaneously. If going down the lines of the small claims court you should write a very brief letter to the just outlining that you are going to the small claims court. I'd imagine that would get him off his arse.

I'd pursue both until you get a result from this. It's a case that you will win.

It disgusts me that a dealer thinks he can get away with this.

The dealership also deserves to be named and shamed. I certainly wouldn't want to do business with anyone who acts like this.

Anan1

I'm not really sure why you would be entitled to (or want to) cancel the contract and be repaid in full if the finance was going to be settled?

PoleStar

Anan1 wrote: »

I'm not really sure why you would be entitled to (or want to) cancel the contract and be repaid in full if the finance was going to be settled?

This is a ridiculous thing to say. The finance was not going to be settled at time of purchase. What if the previous owner does a runner/losesjob/gets an illness.

Fair play to the OP for taking on the dealer, they were just chancing their arm I would say and hope you would just give in to them. It seems to me that they probably realise they have been sold a dinger which hasnt been payed for and want to get the liability off their forecourt as soon as possible by some unsuspecting lackey.

If they are so confident that the finance is not an issue and will be paid off then I would imagine the dealer would have no problem providing you a written confirmation that in the even of difficulties that they accept full liability and will pay the finance off.

Please let us know how you get on.

Drummerboy08

PoleStar wrote: »

This is a ridiculous thing to say. The finance was not going to be settled at time of purchase. What if the previous owner does a runner/losesjob/gets an illness.

Fair play to the OP for taking on the dealer, they were just chancing their arm I would say and hope you would just give in to them. It seems to me that they probably realise they have been sold a dinger which hasnt been payed for and want to get the liability off their forecourt as soon as possible by some unsuspecting lackey.

Please let us know how you get on.

It sounds to me as if you dont know all of the facts involved here, and you are just spouting random sh1te.

Op, if the finance was going to be settled, why not offer to pick up the car at a later date, rather than pulling out of the sale? FWIW, I think the dealer is entitled to keep your deposit.

Anan1

PoleStar wrote: »

This is a ridiculous thing to say. The finance was not going to be settled at time of purchase. What if the previous owner does a runner/losesjob/gets an illness.

The OP could have delayed collection until the finance was paid off.

PoleStar

Anan1 wrote: »

The OP could have delayed collection until the finance was paid off.

You seem to be forgetting one thing, the dealer HAS misrepresented the situation to the OP.

The dealer HAS the OP's money.

The OP only has a verbal from the dealer that the finance will be paid off.

If the OP goes ahead with the purchase, should there be an issue with payment of the finance then it becomes the OP's problem.

If the OP goes for the dealers option and just waits for the finance to be paid, then if there is delay, during that time the dealer has the OP's hard earned cash.

And whover said I am "spouting sh 1te" is trolling I think and I am most offended by the insult.

Kristopherus

Drummerboy08 wrote: »

It sounds to me as if you dont know all of the facts involved here, and you are just spouting random sh1te.

Op, if the finance was going to be settled, why not offer to pick up the car at a later date, rather than pulling out of the sale? FWIW, I think the dealer is entitled to keep your deposit.

I think you are the one thats spouting. No offence, but the dealer is totally at fault here. I would name and shame if they didnt refund in full by close of business on Monday. They absolutely have'nt a leg to stand on.

Anan1

PoleStar wrote: »

You seem to be forgetting one thing, the dealer HAS misrepresented the situation to the OP.

The dealer HAS the OP's money.

The OP only has a verbal from the dealer that the finance will be paid off.

If the OP goes ahead with the purchase, should there be an issue with payment of the finance then it becomes the OP's problem.

If the OP goes for the dealers option and just waits for the finance to be paid, then if there is delay, during that time the dealer has the OP's hard earned cash.

Another option would be for the dealer to refund the finance owing to the OP, who could then settle directly with the finance company.

And lads, let's keep it civil. :-)

Traumadoc

I would be very upset if this happened to me and want my money back straight away.

Anan1

Traumadoc wrote: »

I would be very upset if this happened to me and want my money back straight away.

There seems to be an assumption here that the dealer was trying to defraud the OP. My experience of main dealers (from both sides of the fence) has been that, while often guilty of gross incompetence, they wouldn't generally be into selling on cars with outstanding finance. Unlike the guy selling cars out of the small ads, main dealers are simply too easy to sue.

daveharnett

Stupid behavior from the dealer IMO. If they puts his hands up, acknowledge their cock up, acknowledge that the is entitled to a refund, and politely asks the customer for a few days to put the situation right, then there's every chance that the OP sticks with them.

Their attitude has cost them any opportunity of ever seeing a cent from this customer now or in the future.

Bobo78

Drummerboy08 wrote: »

It sounds to me as if you dont know all of the facts involved here, and you are just spouting random sh1te.

Op, if the finance was going to be settled, why not offer to pick up the car at a later date, rather than pulling out of the sale? FWIW, I think the dealer is entitled to keep your deposit.

:rolleyes:

daveharnett

Drummerboy08 wrote: »

Op, if the finance was going to be settled, why not offer to pick up the car at a later date, rather than pulling out of the sale? FWIW, I think the dealer is entitled to keep your deposit.

If the finance was going to be settled, why not assure the OP that he can have his money back, then politely ask him to come back in a few days when it's sorted.

Given the dealer's intransigence in this matter, I'd be suspicious that the original seller is no longer in the country.

Traumadoc

Anan1 wrote: »

There seems to be an assumption here that the dealer was trying to defraud the OP. My experience of main dealers (from both sides of the fence) has been that, while often guilty of gross incompetence, they wouldn't generally be into selling on cars with outstanding finance. Unlike the guy selling cars out of the small ads, main dealers are simply too easy to sue.

I would feel very upset if this happened to me, If the dealer gave me back all the money without quibble, And it was sorted out , I would go back.
Otherwise it looks dodgy to say the least.

alias no.9

To be honest, this is something to check out before agreeing to buy but at the same time, the customer is entitled to a full refund in the circumstances. What dealer in their right mind takes in a car without making sure any outstanding finance was cleared.
U123, I would not bother to go the SIMI route, they are there to represent the industry, not the customer. Go straight to the small claims court, it will be quicker and easier.

Anan1

If the dealer sorts out the finance then why would the customer be entitled to cancel the contract without penalty?

Drummerboy08

Anan1 wrote: »

If the dealer sorts out the finance then why would the customer be entitled to cancel the contract without penalty?

Thats what I think.

Did the OP sign an order form? I think the order form says that the dealer is entitled to try to sort out the issue once before the customer is entitled to cancel the order at no cost.

If they sorted the finance issue and you were happy with the car why not go ahead with buying it ?

unit 1

Anan1 wrote: »

There seems to be an assumption here that the dealer was trying to defraud the OP. My experience of main dealers (from both sides of the fence) has been that, while often guilty of gross incompetence, they wouldn't generally be into selling on cars with outstanding finance. Unlike the guy selling cars out of the small ads, main dealers are simply too easy to sue.

Surely a main dealer has to be a competant person. The old chestnut of incompetence being no defence should apply here. All too often these days people are of the "highest regard" untill they make a mistake,(politicans anyone) then they trot out the usual "I did'nt know baloney". In all areas of life and business people doing a job or providing a service eg an electrician, a doctor, a printer, a lifeguard, should be competent. I'm pretty sure a main auto dealer falls into this category, so even if he did'nt know, he should have.

MagicMarker

OP, can you confirm if the finance was sorted later that day like the salesman said it would be? If so, I don't see the big deal tbh.

daveharnett

RoverJames wrote: »

If they sorted the finance issue and you were happy with the car why not go ahead with buying it ?

They promised over the phone to sort out the finance issue. That's very different to actually having the issue sorted.

What if for example the op took delivery of the car on monday (with the finance still outstanding, and a promise to get it sorted), and the dealer ceased trading on tuesday? Stranger things have happened in the last twelve months.

daveharnett

Drummerboy08 wrote: »

Did the OP sign an order form? I think the order form says that the dealer is entitled to try to sort out the issue once before the customer is entitled to cancel the order at no cost.

Worthless if consumer law says different.

Not to mention the fact that the order form was for the Brooklyn bridge - it belonged to the bank, not the dealer.

Nonoperational

To be honest if the finance was cleared and I was happy with the car I'd just take it.

mickdw

THe salesman passed the issue along to the manager (this could be viewed as attempting to sort the problem). The manager then states quite rudely that there was no finance on the car and just repeats this while making no reasonable comment. Nowhere does the OP state that the issue did get sorted. This is not the action of a business trying to put things right. This is the action of a business trying to get away with murder.
Surely its not too much to ask the dealer to get confirmation from finance house as to whether the debt has been cleared or not. The fact that they were unwilling to even have a rational conversation about it with a customer says it all really.

PoleStar

There is some hinting that if the dealer sorts out the finance later then it should be ok.

Maybe in a similar fashion, the OP should say to the dealer "tell you what, I will take the car now and sort out the balance owed later". Im sure the dealer would be perfectly happy with that verbal reassurance :rolleyes:

old_aussie

If the dodgy dealer has lied about this, one must ask "what else has he lied about?"

Get full refund, I don't think dodgy brothers can refuse a full refund.

Threaten to go to the local papers, the public embarrassment/exposure will be something a business doesn't want.

After this type of reply"I can assure you ther's no outstanding finance on this car", just shows how ignorant they are.
I would be out of there as fast as possible.

Fishtits

Anan1 wrote: »

If the dealer sorts out the finance then why would the customer be entitled to cancel the contract without penalty?

Anan, I think you're missing the point here.

The dealer in question offered a car for sale, hiding the fact that there were finance payments pending. this raises the issue of who actually owns the car? (i.e. the finance company?)

So the OP pays for the car - to the dealer - who doesn't own the car...

If the dealer fails to pay the finance company... the OP is high & dry.

The issue, in legal terms is who has title to the vehicle, it would seem that its the finance company.

Bottom line, IMHO, dealer is dodgy. The OP, as advised, is entitled to a complete refund of all monies paid.

There can be no defence for a dealer that tries this trick.

Stoolbend

Fishtits wrote: »

The dealer in question offered a car for sale, hiding the fact that there were finance payments pending..

Is it not possible that maybe the dealer hadn't got around to checking the car yet?

Can you not make a mistake anymore without everyone assuming that there was a hidden agenda!

RandomAccess

barry81 wrote: »

Is it not possible that maybe the dealer hadn't got around to checking the car yet?

Can you not make a mistake anymore without everyone assuming that there was a hidden agenda!

They shouldn't have bloody sold it then. Extreme incompetence (while not deliberate) does not qualify as a forgivable mistake in my book.
If you f*ck up like they did when selling a product, then be prepared to deal with the consequences which in this case are cold feet and pulling out of the sale. In this case I feel it is entirely warranted, and its not like this was a specially ordered new car so the dealer is NOT inconvenienced by this and has not lost cash on the transaction so they should man up and take responsibility for the cock-up. Peace of mind is an important part of buying a car, and in this case the OP felt this had been lost.

Stoolbend

It could have just been the last payment due!

The previous owner could have refinanced the new car and someone forgot to press a button on the computer!

mickdw

barry81 wrote: »

It could have just been the last payment due!

Or it could be twice the value of the car due.
The OP didnt just go in screaming for money back when they saw the report. They went into dealer. If at this time the dealer had checked it out or got confirmation that it was clear or did anything to show that the finance would be clear in a matter of days or whatever, the OP would most likely have gone with it. But the way the dealer behaved, the OP had a choice.... Take the car with finance owning & be none the wiser as to whether the dealer was going to clear it at some time although unlikely as he said there was no finance owing, or get money back. I know which I would be doing.

alias no.9

mickdw wrote: »

Or it could be twice the value of the car due.
The OP didnt just go in screaming for money back when they saw the report. They went into dealer. If at this time the dealer had checked it out or got confirmation that it was clear or did anything to show that the finance would be clear in a matter of days or whatever, the OP would most likely have gone with it. But the way the dealer behaved, the OP had a choice.... Take the car with finance owning & be none the wiser as to whether the dealer was going to clear it at some time although unlikely as he said there was no finance owing, or get money back. I know which I would be doing.

Have to agree 100% on this. An honest mistake is an honest mistake and being up front about it will probably result in forgiveness. Attempting to cover it up or just brush it aside on the other hand just undermines your integtrity, why would a customer want to colse a deal in those circumstances?

ScouseMouse

How do you know that the dealer is trying to hide the fact finance is due?

Its unreasonable to make this assumption when you dont know.

Its possible someone traded down and stiffed the dealer. They now have a replacement car with no finance on it. The dealer should have done the checks.

The OP is correct, he should not collect the car until someone pays the finance due. If he takes it out of the garage, then its out of site - out of mind.

Do not collect it until its sorted. Then take it away. There is no reason to cancel the sale altogether unless it drags on.

Merch

Anan1 wrote: »

I'm not really sure why you would be entitled to (or want to) cancel the contract and be repaid in full if the finance was going to be settled?

Of course he was entitled, in effect the dealer doesnt own the car to sell it

Drummerboy08 wrote: »

It sounds to me as if you dont know all of the facts involved here, and you are just spouting random sh1te.

Op, if the finance was going to be settled, why not offer to pick up the car at a later date, rather than pulling out of the sale? FWIW, I think the dealer is entitled to keep your deposit.

And what has the OP to go? the word of someone who has either deliberately misrepresented or is incompetent enough not to be aware of outstanding finance? either way the OP could end up out of pocket. I wouldnt rely on their word, would you? The dealer ****ed up, if he went as far as to make accusations then I would want my deposit back on that alone, wont be faulted for someone else incompetence or is it deliberate?
I dont know, but its not my problem, thats the dealers job

Bobo78 wrote: »

[/B]

:rolleyes:

Anan1 wrote: »

If the dealer sorts out the finance then why would the customer be entitled to cancel the contract without penalty?

Too late for that, should have been done before the OP found out about it themself

Stoolbend

We don't really know what way the OP or the dealer reacted. We only have the OPs version of it. They started this thread and haven't been back since!

Hagar

I wouldn't go through with the purchase.

If the dealer and his team are so incompetant that they have bought a car from someone who didn't even own it , then what confidence could you a buyer have that they do anything else to a businesslike standard? Have they preped it properly before sale? Given they manager's attitude could you trust his integrity if warranty issues arise? I would have serious doubts on that.

Get a solictor, get your money back and buy from a "professionally competant" dealer.

Merch

barry81 wrote: »

Is it not possible that maybe the dealer hadn't got around to checking the car yet?

Can you not make a mistake anymore without everyone assuming that there was a hidden agenda!

true but outstanding finance sets alarm bells ringing, if there was outstanding finance then the dealer should have known about it,
If they did know and sold it on then they cant be trusted, what else might they have misrepresented about the car, is that fraud? or what is it when you sell something you dont own.
If they didnt then they are incompetent, what else are they incompetent about.

falabo

Once the finance issue was sorted you could've bought the car I think. But I totally understand your decision at the same time. But even so, I think the mistake is theirs. It is a seller's responsibility to KNOW what it is that they are selling; they CANNOT disclaim knowledge of their product. They are the experts. Unfortunately the jackass that is the Law does not adequately protect us from this sort of activity you've encountered.

At the moment I'm waiting for the 'finance' on a car I am going to buy to clear. I refuse to pick it up until this issue is resolved and I have a statement of this on paper. The car itself is perfect, but this has to be sorted out first.

I saw the car a week ago on Friday and quickly realised it was exactly what I was looking for. On Friday evening, having decided this as the right model for me, I paid for a full MotorCheck. The MotorCheck results gave me an almost perfect result, with the unfortunate exception of some outstanding finance. So, I returned to the dealer on Saturday and showed him a print out of the results. The dealer seems honest and has been very helpful and upfront about everything. He says that he had the car on his premises 2 days when I first saw it, which the ad on Carzone confirmed, so he said he wasn't alarmed as the previous owner was still probably arranging that finance be cleared. I told him I wanted to hold it but that I was only going to complete the sale on the proviso that he performed all of the servicing, timing belt work etc that was agreed and that the finance issue is resolved.

The dealer also undertook to return that deposit if I should have any further concerns or if this issue couldn't be resolved quickly. I feel a finance issue is only a concern as long as it remains outstanding. Some people might think a car being traded in against another at a dealer shouldn't have any finance outstanding anyway but then again I'm trading my car in and I've had to clear my finance before I do so. So it could easily happen I'm sure. But I do think the onus should be on the dealer to ensure they are not taking a car in that is such a liability for any prospective owners.

On Monday Motorcheck called me to inform me that the finance is still outstanding. On Wednesday I called them and they informed me that the Bank in question had now received a settlement cheque but that they did not expect it to clear until the end of next week (longest clearing time in the history of banking). That will make it two weeks since I placed my deposit, but luckily I am not in a hurry to change cars. I don't need to, I just want to. I will wait.

Just to show what you can learn from these checks here are some of my experiences from the few I have done.

Car A with "two owners" showed up as having had one owner? (It was his sister's car and she gave it to him when she went to Australia and he reregistered it. I've heard this same story or variations of it a few times now). It had also been advertised as a private sale. A google check of the seller's phone number revealed it was linked to a used car dealer in Dublin.

Car B with 38,800 miles showed up on MotorCheck as having 97,847 miles. It was in immaculate condition but showed up as untaxed for period of 81 weeks. Costing €7,000 it showed up with outstanding finance of almost €6,000. Seller refused to clear finance until I paid for it. (I also googled the seller's phone number and found it too was linked to a (different) main dealer of that brand of car in Dublin). Needless to say, I walked away. Unfortunately the car check company later contacted me to tell me there had been a mistake and that the mileage they stated was not definite, but that car had such a chequered history, I could not have bought it with any confidence. MotorCheck refunded me and gave me a free check should I need it.

I used the free check that MotorCheck gave me for the car I eventually bought. Everything checked out and it had an amazingly comprehensive and full service history, every receipt was included. I bought it on first inspection and it's never missed a beat.

My advice to anyone in the market for a second hand car is to pay for a MotorCheck/CarTell/MyWheels report on the car once you're sure it's the one for you. Just don't do it for every car you see, narrow it down to one or two cars and choose based on the better results, or choose THE car and then get the report for just one car. You might get a perfect result confirming the car is ideal, or you might find out it is a motorised nightmare. Having bought a real peach the first time I relied on this service I will never buy a car without using this ever again.

€35 is very little money to pay for two and a half years of peace of mind.

kazul

username123 wrote: »

So I bought a car.

Discovered finance outstanding.
Phoned dealership on thursday, told salesman Id found finance outstanding. he went to investigate and phoned me 2 hours later stating that there WAS outstanding finance on the car, but that he had spoken to the previous owner, and it was going to be settled that day.
He still wanted me to collect the car at 5pm (on the basis of that nice verbal contract that finance would be sorted).
I refused to collect car, said I wanted to see documentation from loaning institution that finance was settled on car. He hummed and hawed, said he would phone me back.

Later that day. I had a chance to think about things and decided I wasnt happy with state of affairs. Phoned consumer connect who assure me I am entitled to full refund as goods misrepresented to me. No call back from dealership so I called to them myself later that evening. Salesman more or less made me out to be an idiot for even considering outstanding finance was an issue. Told me to deal with manager next morning.

Circular conversation where he just keeps repeating that there is no finance outstanding on car and i repeat that there WAS until I brought it to his attention.

Eventually he agrees to give me back monies but that he is keeping the deposit.
Says that I am cancelling contract for no good reason and he is entitled to keep deposit. Consumer connect say different. I now have option of small claims court, SIMI complaint process and/or solicitor. A lot of hassle basically.

So you were happy with the car, happy with the price, entered a contract and then wanted to unilaterally cancel said contract because a problem arose with paperwork, which the dealer subsequently rectified.
And now you're moaning because he's retaining your deposit.
What is your ideal outcome?
Bear in mind that the dealer has also put time, effort and money into the transaction. The dealership resolved the issue with the finance so you should have gone through with the sale.
Oh, and HPI is not infallible either.

Sometimes it's a case of dealer beware.
As far as I can see it, you have no recourse to consumer law as they did not misrepresent the goods, did not attempt to defraud you and you freely entered into a contract to buy the car.

Merch

kazul wrote: »

So you were happy with the car, happy with the price, entered a contract and then wanted to unilaterally cancel said contract because a problem arose with paperwork, which the dealer subsequently rectified.
And now you're moaning because he's retaining your deposit.
What is your ideal outcome?
Bear in mind that the dealer has also put time, effort and money into the transaction. The dealership resolved the issue with the finance so you should have gone through with the sale.
Oh, and HPI is not infallible either.

Sometimes it's a case of dealer beware.
As far as I can see it, you have no recourse to consumer law as they did not misrepresent the goods, did not attempt to defraud you and you freely entered into a contract to buy the car.

I dont think that is how it sounded to me, he didnt want to unilaterally cancel the agreement just because of a problem with the paperwork, there could be thousands outstanding on that car, instead of the dealer being problematic, fobbing off and blaming the OP perhaps he could have tried to deal with it and the sale would have went through,
and the OP hasn't done anything wrong that disbars them from utilising consumer law.
Did they say the dealer resolved the issue? apparently the OP said the dealer denied there was outstanding finance, if the dealer was genuinly unaware of the finance then ignorance of that fact doesnt suddenly make the dealer right, Im sure the dealer cant technically sell the car if there is outstanding finance as it belongs to someone else (finance company)

kazul

Likewise the dealer hasn't done anything that would give the buyer recourse to consumer law.
As long as the goods were as described and fit for purpose then consumer law doesn't come into play.

Merch

That doesnt answer, how can the dealer sell the car if it doesnt belong to them.
The OP didnt just change their mind, the dealer declined that there was outstanding finance on the vehicle, fobbing off and faulting the OP
If they knowingly or unknowingly mislead the consumer about the product then they are entitled to their deposit back

kazul

The finance WAS cleared in the end.
So, after that was rectified the OP should have gone through with the deal.
If the OP goes to court the dealership will claim honest mistake.
The OP broke the contract by pulling out of the deal. Bear in mind that this has been a lot of hassle for the dealership too.

Merch

kazul wrote: »

The finance WAS cleared in the end.
So, after that was rectified the OP should have gone through with the deal.
If the OP goes to court the dealership will claim honest mistake.
The OP broke the contract by pulling out of the deal. Bear in mind that this has been a lot of hassle for the dealership too.

It doesnt say it was cleared in the end in the post does it? if it does can you point it out to me

Stoolbend

Merch wrote: »

It doesnt say it was cleared in the end in the post does it? if it does can you point it out to me

It doesn't say it wasn't!

kazul

username123 wrote: »

Circular conversation where he just keeps repeating that there is no finance outstanding on car and i repeat that there WAS until I brought it to his attention.

I understand this to mean that the dealership sorted things out but didn't have a time machine to create the set of circumstances where the OP would be happy to go through with the deal. Hence "circular" conversation.

Merch

kazul wrote: »

The finance WAS cleared in the end.
So, after that was rectified the OP should have gone through with the deal.
If the OP goes to court the dealership will claim honest mistake.
The OP broke the contract by pulling out of the deal. Bear in mind that this has been a lot of hassle for the dealership too.

From the information available, it doesnt look like the finance was cleared, the OP would need to come on and confirm that, I would assume this is under 2000 and would go the small claims court route or get information off consumer rights to see how best to proceed.
So the OP could have bought a car that was not owned by the dealer (perhaps the dealer got stung) but compounding that by selling it on knowingly or through not checking the finance history of the car and then blaming the OP doesnt help their situation.

Perhaps if the dealer had handled it in a more consumer friendly manner then the OP might have followed through with the purchase, as it looks from the post the dealer was not going to do anything and once the car was gone I find it unlikely they would follow it up in a hurry.Why should the OP take the chance that the finance company will reposess the car?? on the word of the dealer, would a dealer let someone drive off without clearing a cheque or draft?

Merch

barry81 wrote: »

It doesn't say it wasn't!

Thats true but given the issue was outstanding finance until it is specifically mentioned that the finance was sorted in the end, which is the crux of the whole post to me, then until it is mentioned, it appears more that it isn't, it is something the OP would have to clarify

Merch

kazul wrote: »

I understand this to mean that the dealership sorted things out but didn't have a time machine to create the set of circumstances where the OP would be happy to go through with the deal. Hence "circular" conversation.

I interpret circular conversation as the OP said there was outstanding finance and the dealer kept deny it and they kept going around and around