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Cancelling Finance Agreement CARCRAFT

Last post Wed, Aug 13 2008, 10:22 AM by Carra23. 7 replies.
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  •  Tue, Aug 12 2008, 12:39 PM

    Cancelling Finance Agreement CARCRAFT

    Hi to everyone reading (This is long so be prepared!)


    I recently decided to purchase a car from carcraft (wrong move). I bought it on the finance agreement and signed for it. I felt totally rushed through the whole experience. However within a couple of hours i saw the finance agreement and realized i was out of my depth and it was not worth it. I then proceeded to look to get it canceled. I had the salesmen s phone number who sold it to me so i phoned him and told him the reasons he simply said that the was no way of canceling it and am stuck with it.

    The next day i phoned the finance company to look to get it can canceled (Barclays Partner Finance) and the phone operator said the was no details of me as yet and the information had not been executed and my best option was to take it up with the dealership. On that same day i took the car back to Carcraft and the were having none of it and told me its my problem and i should take it up with head office, i left the car their which the said i couldn't do as its still mine.

    I phoned head office and the said i have no cooling off period what so ever and the end resolve of the phone call was to take it up with my finance company. I phoned the finance company who had now received my details and said the contract had been executed and i had no cooling off period on motor finance and my best option was to take it up with my dealership. So basically i was being passed between the two. I wrote letters on the third day after signing this contract and sent them out 1st class recorded telling them i wanted it canceled.

    Almost a week had passed and i hadn't heard anything from anyone. Until on the Monday carcraft phoned to tell me as my finance agreement was a combination of two on my smaller finance agreement i had signed the wrong box and needed to come back in and sign it, i began to tell him i was looking to cancel and had left the car their. He phoned me back an then told me that i need to collect the car as carcraft will begin to charge me for storage. I said that i was willing to take that risk.

    The interesting part now is that on Saturday i was in work an my mum was in the house when she heard the letter box go she looked and saw all the car details and the car keys. Before she had time to look out the car had been left a couple doors down and they had done a runner. When i came in from work i took the car straight back and told the first person i spoke to what had happened and give the keys straight back. The same day the finance company had also sent me letter stating that i have no right to cancel it.

    Now am at the point of desperation for help and looking for a solicitor and waiting on an appointment from the citizens advice.

    Any ideas would be gratefully appreciated

    Thanks

    • Post Points: 35
  •  Tue, Aug 12 2008, 2:09 PM

    Re: Cancelling Finance Agreement CARCRAFT

    Hi -- This is all going to be determined by the dates on the cancellation you sent by recorded delivery and the date the finance manager signed the finance agreement, the phonecalls to the salesman and to the finance co. are more of a challenge, if they deny any knowledge....but if they do play "Carcrafty"...read on.

    However your Solicitor or the CAB will also know that there is a different wave of defence, which means if you feel that there are inherent faults with the car, in which you are not happy for repairs to be conducted, or it is not fit for it's intended purpose, i.e.bad noisy rattly ride / lacks expected performance, handling, things of that nature etc, or is not of the expected quality when you examine it fully......You must tell your Solicitor or CAB about your concerns with the car if you have any.???

    That under the, "sale of goods act 1979 (as amended)" you will have a legal right to reject the car, as not being of satisfactory quality or ...whatever the fault. ? .......your rejection of the goods will mean that the finance transaction is also nullified and becomes void because the finance deal was dependent on the sale meeting all the legal requirements.

    Just a thought to pass onto the CAB or Solicitor for consideration, if you are unhappy and feel you've been lumbered with a car of unsatisfactory standards, whilst speaking to your Solicitor. !

    • Post Points: 20
  •  Tue, Aug 12 2008, 8:41 PM

    Re: Cancelling Finance Agreement CARCRAFT

    Hi

    I had the car literally less than a day and sent it straight back

    The time line is :-

    16/07 - Signed Agreement

    17/07 - Phoned Finance and sent car back

    18/07 - Weekend

    19/07 Weekend (SUN)

    20/07 Sent Letters 1st class REC (letters dated 19th)

    Basically both replies of the letters say i cannot cancel. However i didn't even test drive the car. An come to think about it when i went from the angle of i didn't feel safe in the car the began to listen. Am planning to call in the solicitors on this one and have even shut me bank account down so the cant get to it

    Thanks for your help its really appreciated

    • Post Points: 20
  •  Tue, Aug 12 2008, 8:54 PM

    Re: Cancelling Finance Agreement CARCRAFT

    Hi --- You're welcome -- Check your dates though, if you challenge they have to be meticulously correct, the 18/07 was a Friday with the 20/07 being a Sunday. !
    • Post Points: 20
  •  Tue, Aug 12 2008, 11:57 PM

    Re: Cancelling Finance Agreement CARCRAFT

    I am sorry to tell you that you had bad luck.

    You sign the contract and you went home and realised that you can't make the payments (or that you paid to much for the car).

    If Carcrafty doesn't take the car back you are in big trouble. The finance company will seize the car ... because you don't pay .... and they will sell it at auction ... and they will try to take back from you the shortfall plus lots of charges. Your credit rating will be badly damaged.

    I don't think that a solicitor will help, maybe he will try to make some money out of you; CAB has lots of thinks to do but they are not specialized in finance agreements, they could help you when the finance company will takle you for the sortfall.

    The best think is to take the car and try to pay. Ask your boss if is any overtime available.

    Sorry for that ... but this is real word.

    Eugene

    • Post Points: 5
  •  Wed, Aug 13 2008, 12:05 AM

    Re: Cancelling Finance Agreement CARCRAFT

    As it was signed on retail premises there is no cooling off period, i would agree that you will have to pay it and bite the bullet.
    • Post Points: 20
  •  Wed, Aug 13 2008, 12:13 AM

    Re: Cancelling Finance Agreement CARCRAFT

    With regard to credit agreements signed on retailers licenced premises, there is the short window of opportunity that allows you to legally terminate the three way agreement, before it is signed by the authorised signatory... on behalf of the finance company.
    • Post Points: 20
  •  Wed, Aug 13 2008, 10:22 AM

    Re: Cancelling Finance Agreement CARCRAFT

    Hi

    Sorry about the dates i have the recorded stamps which were dated the monday 21st of July. So i had spoke to them on the THUR, FRI the previous week. I really do think i have the right to cancel i would understand if it was say 3 weeks later or so but i began to do it within less than a day. Also trying to cancel it with the finance was not possible as they hadnt even heard of me as i had got onto it so swiftly. Thank you for all your reply and appreciate anymore

    Thanks

    • Post Points: 5