19 February 2015 at 12:09 pm #64775
My girlfriend has been in negotiation over a part ex with her car for a new model. We were approached by a Toyota dealership not the other way around. They did a big sell on how wonderful it would be with same car but new and comes with free sat nav etc etc
We signed a Hire Purchase agreement on Monday 16th but they’ve processed it with the wrong address for my girlfriend and have asked us to re-sign the Hire Purchase form with the correct address. Its at this point i’ve realised i really should have paid more attention to what they are charging us for. I found out they inflated the total cash price of goods with lots of extras they told us we would’nt pay for (sat nav, tinted windows, led lights). They’ve also reduced the max mileage allowance over the terms of the deal. They’ve also changed the deal to a 3 and half year deal rather than our current 3 year deal which we verbally told them had to be same period of payments for us. I dont have anything concrete in writing from them regarding what was agreed only verbals during initial sales negotiation. I only have a piece of paper which they scribbled on saying we would stick to same payment plan as current finance deal (which is 3 years).
I’ve called them regarding this and its all gone quiet on their end since i told them i would’nt re-send the form signed while those figures are on it… when we discussed this deal originally we were completely open with them regarding it had to mirror the deal we already had on our current car…. 3 year payments, same style car, we wouldnt pay for any extras other than half price supagard cover.
The reason for us wanting the extras in the first place was they told us we could have a car that was the same as our current one, style wise. it now turns out they are charging us for all these extras to make it the same style as our current car.
no deposit has been paid by my girlfriend. they were hoping we would re-sign the Hire purchase forms send them to them and then go pick the car up at end of this week or next week.
do we have a leg to stand on to just simply walk away from this deal ? or are we committed to buying this car ?
consumer advice helpline has informed me we may have a case for Breach of Contract by them and to send a letter recorded delivery telling them we no longer wish to proceed with the deal and reject the part exchange deal and the new car, also potentially we can go down the route of citing the ‘misleading & aggressive practices act’ under the Consumer Protection from unfair Trading Regulations Act 2008. Chances are this could end up in the Small claims court.
19 February 2015 at 12:14 pm #64777
Hi Paul (and sorry for the problems you had getting this posted; I think the post was too long for the system to handle).
You can simply walk away if you like. If you haven’t given them any money or your PX vehicle, and you haven’t signed a finance agreement, then there isn’t really anything they can do.
Write to the dealership to cancel your order, and be sure to highlight their poor sales practices. Personally, I’d suggest writing to the Sales Manager and CC the Dealer Principal or General Manager to make your point.
19 February 2015 at 12:29 pm #64778
Am I correct in saying they must have the correct address on the Hire Purchase document to process this and thus assign ownership of the car. Due to me not hearing from them for best part of a day, i’m concerned they are trying to amend the address on the original document we signed. Or is that simply not legal ?
19 February 2015 at 12:45 pm #64780
If the dealership has printed new documents, it should have voided the original documents. In any case, you have 14 days to cancel (which won’t have started yet as the contract should not have been activated). Contact Toyota Financial Services (or whoever the finance company is) to clarify the current position – it will have to be whoever’s name is on the contract, so probably your girlfriend. Confirm with them that you want to cancel your application, which shouldn’t be a problem since it won’t have been activated.
Most companies won’t accept corrections on a document; they would require new documents to be generated with correct details. For any kind of written amendment to be acceptable, it would have to be initialled/signed by both parties, so they can’t do this without you.
In any case, if the address on the contract is different to the applicant’s driver’s licence, it will usually be rejected by the finance company unless there was supplementary proof of new address. So they would need you to provide utility bills and/or bank statements to verify the correct address. It is entirely possible that the application has been rejected and would need to be resubmitted for reapproval anyway.
19 February 2015 at 2:33 pm #64783
Can I ask a final question on this matter just for future knowledge ?
The dealership originally told us we need to complete the paperwork before the end of this month. On the Hire purchase document it says the Date of registration for the new car is 20/02/2015. Which is tomorrow.
what happens if we only go back into the dealership after 1st march to sign any paperwork (providing they correct it)?
Does it change anything from a selling point of view ? or are they just not allowed to sell it as new anymore ?
we are still waiting for them to call us back regarding getting the numbers right, so its more than likely we are going to walk away from this.
19 February 2015 at 3:07 pm #64798
I forgot to mention the car they are trying to sell us is a 64 plate.
19 February 2015 at 3:29 pm #64800
in regards the Hire Purchase Agreement they did take bank, credit card, mobile phone statements from my girlfriend for proof of address etc. However, her driving license is for an old address (due to be changed imminently) and the address they had on the HPA was also a different address to both the driving license and our current address. So essentially we have 3 different addresses in play here. The ID documents are for the current address we live at.
20 February 2015 at 9:42 am #64839
It would seem to me that your best bet is to walk away from the whole thing. They haven’t taken any of your money, so you don’t have to have an argument with them to get it back. The finance hasn’t been activated (and as I said, you should probably confirm directly with the finance company to make sure it doesn’t get activated), so worst-case scenario is that a salesman gets grumpy with you because he’s lost a sale – but he’ll get over it.
21 February 2015 at 12:58 pm #64960
You may send a letter to the dealership informing them of your intention to cancel the agreement if the dealer and contract failed to disclose any of the above-mentioned conditions.