Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

[monalisa]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

I have emailed attachments to admin /you three times, just can't think why you're not getting the email, any thoughts? sorry to be a pain.

[Tools]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

Try emailing them to me jlsiddle@hotmail.com

[monalisa]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

Hi tools, Thanks. I Have just emailed you copies. Hope you get them.

[Tools]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

They have been scanned in TIFF format, preferably could you re-scan in pdf or jpeg format?

I am trying to upload what I have but would be eadier in pdf format or jpeg.

[Tools]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

Sorted, have added the .tif extension to attachments

[monalisa]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

Thank you so much you are a star ! x all I need now is for some one to hopefully be able to help.

I forgot to clarify earlier the car was paid for by personal salary and only a small yearly mileage allowance claimed from the Ltd company.

[Tools]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

I cannot advise you on the legalities of the finance/ownership of the car as I do not know enough to help you, however.

You say that the car's advertised/implied details differed from its actual state, mileage, previous owners etc. The legislation you would need to rely on there is
Trade Descriptions Act 1968 (c.29)

Also, as a result of the criminal Justice Act 1972 a court which convicts a person of an offence under the Trade Descriptions Act may, if it sees fit to do so, also make a compensation order in favour of the victim of the offence.

Have you contacted the dealer and mentioned that you intend to make a complaint to Trading Standards and/or issue a civil claim for their inaccurate description of the goods ( the car )? If so I would suggest you at least contact your local Trading Standards for advice on if you have a case and how to proceed.

The financing issue I will have to let someone else answer.

[monalisa]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

Thank you for this advice. I will look into this further and hopefully someone will respond on the finance etc.

It must must be so lovely to be as clever and brilliant as you. Big Thank you x

[Tools]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

Thank you for this advice. I will look into this further and hopefully someone will respond on the finance etc.

It must must be so lovely to be as clever and brilliant as you. Big Thank you x

Don't kid yourself, I am but a greasemonkey with access to google lol

[Amethyst]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

Just to let you know Tools is looking at why our admin emails aren't always coming through, its very frustrating. He has also amended the attachments files on the site so TIFF files can be uploaded, as they were excluded before.

Right, this car...

Payments under the agreement are not being made as the company were paying them previously,? or was your Brotherinlaw paying himself? in either case payments are not being made now? Audi are refusing to allow return under the half paid rule. Audi are chasing you for the remainder under the alledged personal liability guarantee you alledgedly signed.

You feel the car was sold to you under false pretences (ref the Trade Descriptions etc) and want to return it asap and close the agreement without owing any further sums ? basically.

Having a look at the documents now

[Amethyst]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

Rightio

9.1 on page 2 of the agreement explains exactly why the salesman made the change to a company name contract as opposed to personal and why he wanted it over the 25k. (which in hindsight kind of infers he knew the description was possibly incorrect)

7.1 is the termination rights - basically when ever you return it you must have paid four fifths of the amount of the agreement or pay an amount to make up what you have already paid to equal four fifths.


Can hardly read the personal indemnity though.

Audi Finance say all over the place that 'Guarantees and Indemnities may be required so it wouldnt suprise me if they had snuck it in the signing docs without you noticing. You mentioned the witness signature was wrong and unknown though?

[WendyB]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

And what is the Asset Recovery company trying to recover? And on what grounds?

[Luminol]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

Don't kid yourself, I am but a greasemonkey with access to google lol

Don't sell your self short Tools I have Google and I still don't understand!! bad at maths and legal speak, but good at cooking and cleaning !!

Lumi x

[monalisa]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

hi yes payments are no longer being paid to finance company. The direct debit was initially taken from the Company account but allocated / paid within the company by personal salary. After the company ceased to trade I / my brother in law made a few more payments while we dealt with more urgent responsibilities ( liquidation etc )-and tried to find out more about what to do with the car in our predicament given the circumstances.

I have a copies of my last few letters of complaint to Audi and their one and only yet final response. I will try to upload these shortly.

The asset recovery have not clarified what they are chasing, why and for whom.

Thanks for everything, Monalisa

[WendyB]

Re: Please help re: Unregulated Loan over £25,000. Misrepresentation & Contract Law

Is this Hp or a loan? Cos surely if its a loan, then you could just sell the car? And pay off the finance with the proceeds? I know that if its HP you are not supposed to sell the car, or if the finance is secured on the car. Depends on the agreement I suppose.