my dad bought a car from a big motor dealer, he part exchanged his car, paid £300, signed all the finance documents and took delivery of the new car a few days later! about 3 weeks passed and then the dealers rang him, said that the finance company hadnt paid out for the new car and they would need the car back. they said he could have his old car back. where does he stand? does he have to take his old car back and what about the deposit
2007-08-25 07:30:27 · 7 answers · asked by will g 1 in Cars & Transportation ➔ Buying & Selling
Depends on what type of finance deal it is. HP means that the garage can take it back.
Credit, if your dad has paid more than 60% (inc part exchange) of the worth of the vehicle, then they cannot take it back.
2007-08-25 07:41:44 · answer #1 · answered by Anonymous · 0⤊ 1⤋
Tricky, real tricky!! You will probably find that the terms of the contract he signed with the dealer has a clause stating that the title of the goods does not pass over to him until they received payment in full, whether it be from your dad or from the finance company. You never mentioned why it is they have not been paid out by the finance company. Bit silly of them releasing the car with-out getting cleared funds. But they are probably entitled to the car back again. Unless your Dad provides them with the balance they are short. But to be safe contact the finance company.
2007-08-26 02:51:32 · answer #2 · answered by grindham 2 · 0⤊ 0⤋
There is more to this than you are saying or know.
I find it difficult to believe thTTHE DEAler hung onto your fater's car for thre4e weeks they usually get sold at he next auction. Finance company's do not turn down busisness for no reason.
As a first step telephone the finance compa and quote reference numbers and ask for an explanation. Then demand one. They have a contract with your father not the dealer so they are answerable to your father if things go wrong. I suspect they never got the agreement in which case the garage owes you an explanation but first tackle the finance house
2007-08-25 08:43:21 · answer #3 · answered by Scouse 7 · 0⤊ 1⤋
If he can get the money from another source to pay the dealer then he can retain the car if not he should return it because he does not have the credit to pay for it. As to the deposit that is at the discretion of the dealer if your dad has been totally honest in his dealings then they should be okay in returning if he makes the case for it refund - particularly as he holds their car.
2007-08-25 07:44:04 · answer #4 · answered by Anonymous · 0⤊ 1⤋
the finance company hadnt paid out for the new car? find out who the finance company are and talk to them and just ask to see proof etc. if all else fails demand your deposit back with the old car
2007-08-25 07:42:05 · answer #5 · answered by Anonymous · 0⤊ 1⤋
yes take the car back immediately, if the dealer comes to pick up the car then they will be able to keep the down payment and trade in , if your father takes it back to the dealer then they hafta give him back his trade in and down payment or if they did get rid if the trade in then they must pay him the amount of trade in valve they gave him for it, you need to take the car back today, do wait until the dealer comes and pick it up then you're screwed
2007-08-25 10:41:08 · answer #6 · answered by willliam d 2 · 0⤊ 0⤋
well if they already refurbished his old car to resell tell him just to take it back and get all moneys and his refurbished car if they haven't done nothing with his old car tell them to clean it up and make sure its safe to drive because if he gets hurt he will sue the pants off them!!!!!
2007-08-25 07:44:22 · answer #7 · answered by Anonymous · 0⤊ 1⤋