Main dealer claims not to have known about outstanding finance, advice please

Thanks Caveat - I believe small claims will handle up to 2000 euro.

Im just so annoyed about it all, and the manager constantly changing what he said and denying what he had said etc.... It just feels like a lot of hassle when all I wanted was a car and it was the garage who should have checked was the thing under finance in the first place.
 
truthseeker said:
It is and I probably will - just wanted to see if a well worded solicitor letter would do the trick first.
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Caveat said:
I'd do this but I would try the solicitor's letter first if it were me TS - they could well back down as they would prefer not to have their name in the SC court I'm sure.
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The summons that they will get from the Small Claims Court should have the same effect, and will cost you €7 (presumably a lot less than a solicitor's letter).
 
Yeah, you're probably right Complainer. Just go for it TS. No reason to give these clowns 'a last chance' or anything.
 
Complainer said:
The summons that they will get from the Small Claims Court should have the same effect, and will cost you €7 (presumably a lot less than a solicitor's letter).
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I think i will still phone my solicitor as Im unclear to the exact legal status of the whole thing, the manager just kept shouting about how I didnt have a legal leg to stand on because I signed a contract, consumer affairs are saying its a grey area because the contract was signed based on the verbal question about finance and the way these people are acting they are going to deny that.
So Id just like some legal advice first.
 
If the SIMI contract was used, it (or any other contract) cannot take away your rights as a consumer under consumer protection legislation; it may grant you additional rights but cannot remove the basic rights you already enjoy under law. HOWEVER, I believe there is a clause that specifies and describes an aribitration process to be used in lieu of legal poceedings to resolve disputes between the dealer and a customer. If you signed the SIMI contract or a contract based on that template you will need to read it carefully and perhaps consult an expert.
 
Very surprised at Head Office reaction - wondering did you get through to correct people (it can be quite common to be fobbed off with that individual franchise malarky) They will have a customer service charter where all letters must be replied to within a set timeframe if they have ISO standards.

I would still write in and ask for a response to your letter. Tell them if they do not respond that you will contact the Head Office (European HO or whatever it is. Get the right names if you can.
 
Hi guys, just thought Id give an update on this thread.

I contacted my solicitor back in March, he said that there was no way the dealer could keep the deposit and that he would get us back the deposit.

He wrote him a letter instructing him to return the deposit. Letter was ignored.

He wrote him another letter instructing him to return the deposit within a certain time frame or else he would issue court proceedings. Letter was ignored.

He summonsed him to court, looking for the deposit, costs and damages, court date was set for this month.

This morning I received a call from the solicitor. He received a cheque for the deposit yesterday :)

There is still the matter of costs - will update further if anything changes on that.
 
Unbelievable! The chancers one has to suffer.... Fair play to you for standing your ground!
 
Good to see you coming out the other side of this one. Only in the last week I have had to fight with a main dealer for a replacement part on my car that went from €200 to €450 to €350 and when job was done only cost €160. Absolutely amazing and took choice words to get matter resolved. I'm steering clear of main dealers for repair work in future.
 
Deas said:
I'm steering clear of main dealers for repair work in future.
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Welcome to the club.

That'll have to end when I buy a car with the electronics completely frozen by the manufacturer. The Nissan GTR was the first of these with the complete 'big brother' package, and no doubt this will become the norm in the next few years.

Old cars are the future !!!
 
So I went and looked at a different car in a different main dealer on Saturday. Asked was there finance outstanding - was told no. Did not put a deposit down, came home, did an online car check and guess what? Its showing as finance outstanding!!

I dont really understand whats going on here. Is it normal practice for there to be finance outstanding on cars sold from main dealers? I phoned them up and told them Id done the check, the guy swore up and down that the finance was settled but the paperwork hadnt caught up with the internet checks yet. Am I being over cautious?
 
truthseeker said:
So I went and looked at a different car in a different main dealer on Saturday. Asked was there finance outstanding - was told no. Did not put a deposit down, came home, did an online car check and guess what? Its showing as finance outstanding!!

I dont really understand whats going on here. Is it normal practice for there to be finance outstanding on cars sold from main dealers? I phoned them up and told them Id done the check, the guy swore up and down that the finance was settled but the paperwork hadnt caught up with the internet checks yet. Am I being over cautious?
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the paperwork takes a whille to be upated, especially for the online checks. the finance on my E90 was still showing on the online checks 3 months after we paid it off.

we werent selling so wasnt worried about it tbh.
 
Tell them you'll put down a deposit if they provide you with a signed document that they will take responsibility for any outstanding finance on the car at the time you buy it.
 
Seagull said:
Tell them you'll put down a deposit if they provide you with a signed document that they will take responsibility for any outstanding finance on the car at the time you buy it.
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I did that - also told them they can knock off money for me doing the checks (and they did). I phoned motorcheck and they physically contacted the lending institution, the finance was settled the monday after Id seen the car - he said that a lot of the time dealers only settle finance when someone is going to buy it and get around the legal angle by settling it before the final payment is made by the buyer.
 
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