Pcp deal

[Dynafc67]

I recently purchased a car through a pcp deal at arnold clark...i told them i wanted the car as a present for my daughter...the salesman told me to sign the contract and he would then send the v5 back and put it in my daughters name.....a few months later i contacted the finance company to change payment date only to be told i was breaking their rules and i would need either to return the car to them or take the car off my daughter and back into my name and be the main insured driver...have i been mis sold this car

[des8]

Re: Pcp deal

Hi and welcome
you haven't been mis sold the car but the finance.
I'm tagging someone who may be able to advise you [MENTION=71570]R0b[/MENTION]

[Dynafc67]

Re: Pcp deal

Thanx...not sure how to use this site..have i to contact R0b

[R0b]

Re: Pcp deal

Hello

Did you not read the terms and conditions? Normally there is a clause which says you must be the main user of the car (or sole).
You could try and argue misrepresentation but you might find it difficult, although there is no obligation for you to read the terms and conditions if you relied on the salesman's statement, it's still likely to be a difficult hurdle to jump.

Have you made a formal complaint about this to the lender?

[Dynafc67]

Re: Pcp deal

Yes..complained to the guy that sold me the car...i asked for a car for my daughter as a present...he just told me to sign the agreement...it was him that sent the v5 back and got it put in my daughters name..i believed everything was above board...stupid me

[Dynafc67]

Re: Pcp deal

My daughter traded in a car and paid £550 in full for insurance..if she cancels insurance she will get £250 back...the rest of the money and car trade will be lost and i will have to insure a car that i will never drive as i have a mobility car

[R0b]

Re: Pcp deal

Yes..complained to the guy that sold me the car...i asked for a car for my daughter as a present...he just told me to sign the agreement...it was him that sent the v5 back and got it put in my daughters name..i believed everything was above board...stupid me

Let's break this down:

1. Who is the sales person, was he an independent or part of a dealership and was he acting as an intermediary for the lender who offered the finance agreement?
2. When you complained what did the sales person say? Have you formally complained to the lender?
3. Was there anyone else with you who can verify and back up what you said?

Complaining to the sales person is not the route to go down. The lender owns the car and although the sales person originally misfed you that information, you have no contract with him as it is between you and the lender.

[Dynafc67]

Re: Pcp deal

The salesman works for arnold clark..my brother and my daughter were with me..when i contacted him he said he would accept fault and pay for the insurance change into my name..but has since changed his mind...the lender said that its against theit rules and that i either need to return the car and pay off whats owed in full..or take the car off my daughter and put v5 back in my name and make myself the main insured driver....this will be costly as i have zero no claims bonus as i have been driving a motability car since 1994...lender is basically saying its between myself and arnold clark

[R0b]

Re: Pcp deal

The question I guess is how far are you willing to go, are you willing to pursue it to court and take the risk of possibly losing if the court does not find in your favour?

I would suggest your initial starting point is to make a formal complaint to the lender. You should set out background details, what was discussed between you and the sales person at Arnold Clark and also mention that there were two witnesses who attended and heard the conversation. You should also mention that this is a case of misrepresentation and you were induced by the sales person's statements to enter into the contract specifically for the purpose of allowing your daughter to use it and because the sales person at Arnold Clark was acting as an intermediary for the agreement, the lender is liable for his actions. If you had known that your daughter would not be entitled to be the main driver, then you would not have entered into the agreement. There is some evidence which backs up your story because the name of the V5 was changed to the name of your daughter.

As a resolution, since there has been some use of the car you could suggest that in light of the circumstances the agreement should be terminated effective immediately without any penalty to you and that you will have the car returned back to the lender.

The lender will have 8 weeks to investigate the complaint and come to a final decision. If they do not uphold your complaint then they will explain why and you have the right to make a further complaint to the Financial Ombudsman which is free of charge. The FOS will tend to look at what's fair and reasonable and are not bound by the law so they can depart from the law if they feel it is necessary to do so. This is why sometimes you may get a better result from the FOS than if you went to court.

Even if the FOS do not uphold your complaint you are not legally bound by it unless you agree, so think carefully before signing any document from them.

[Dynafc67]

Re: Pcp deal

Thanx for your help...very much apreciated