Misrepesentation of credit ?

[lozza]

hi . Not sure if this is in the correct place but need some advice about a van we have just bought.
basically i went to a well known dealer (not sure if i can name them on here) with a massive deposit for a used van. Needed finance to cover half the cost if the vehicle. Dealer told me finance company just wanted my partners name of the agreement to make it stronger but she would not at any point be credit checked as we made a point of asking him this !! He told me she was the lead and i was on there as secondary person so as we paid it back my credit file would slowly get better.
Turns out its all a load of rubbish . They credit checked my partner who now has the finance solely in her name with no mention of me anywhere. I have reported this to the finance company who of course only know what they are told so they are raising a complaint on our behalf. Does anyone know wherer we stand legally on this matter ? My partner is furious and so am I !
thanks in advance

[wales01man]

Re: Misrepesentation of credit ?

Who signed for the loan?

[lozza]

Re: Misrepesentation of credit ?

i signed it as he said i was the lead and my partner was secondary on it. It also turns out that the dealer has gone into the system and taken all my details regards salary and place of work etc as i never gave him any information of that nature but i do have a car on finance with the same company ??? so looks like he has been naughty there as well ! ?? I have contacted Black Horse and they have raised a case. They have contacted the dealership and the file for the vehicle has my name on EVERYTHING no mention of my parter yet the insurance is in his name with me as a named driver on the van he traded in. THe insurance documents in the file show me as the driver no one else ? Myself and my partner did sign some paperwork regarding ID but my partners paperwork is nowhere to be seen so what is going on ? The man in question has gone on annual leave so nothing can be done at the moment. so frustrating. We thought we were with a company called GMAC turns out its Blackhorse so he has lied about the whole thing to top it off the hazards dont work on the van and it has dents a scratches on it when he told us that it was in mint condition. ( It was in Newcastle at their main dealership when we signed so we hadnt looked only seen pictures ) stupid some might say but it is a reputable dealership for a massive Manufacturer so we trusted what we were told . Now we are angry. Blackhorse have said we can unscramble the finance agreement and start again in my partners name but what if that doesnt work and he loses his 8500 grand deposit and the van !!! ? confused angry upset ( it was a relative who left the money for him ) !!!! please help if you can ..... i know i signed it but on the back of what we were told on numerous occasions it was not something we thought to question. ?

I should also say that when he originally applied for the finance it was in my partners name with GMAC ! He told us he had been accepted but they wanted a bigger deposit but not to worry as the GMAC rep would be going to see him so he would ask him about it. Then mY partner got a letter from GMAC saying he had been declined for the finance. We asked the dealer why we had got that letter but he just shrugged and said I don't know leave it with me.???? It was only after this he said the finance company wanted my name ONLY on the agreement then we were good to go ! No mention of a different company and certainly not a credit check on myself !

thanks to anyone who can help us through this minefield.

[lozza]

Re: Misrepesentation of credit ?

I also need to add that i have just found out that the DIrect Debit has been set up using my bank details which i catergorically did NOT give the dealer. He has definately taken this information from the system where the details for my car payments are stored within the same company ! so angry now !

i signed it as he said i was the lead and my partner was secondary on it. It also turns out that the dealer has gone into the system and taken all my details regards salary and place of work etc as i never gave him any information of that nature but i do have a car on finance with the same company ??? so looks like he has been naughty there as well ! ?? I have contacted Black Horse and they have raised a case. They have contacted the dealership and the file for the vehicle has my name on EVERYTHING no mention of my parter yet the insurance is in his name with me as a named driver on the van he traded in. THe insurance documents in the file show me as the driver no one else ? Myself and my partner did sign some paperwork regarding ID but my partners paperwork is nowhere to be seen so what is going on ? The man in question has gone on annual leave so nothing can be done at the moment. so frustrating. We thought we were with a company called GMAC turns out its Blackhorse so he has lied about the whole thing to top it off the hazards dont work on the van and it has dents a scratches on it when he told us that it was in mint condition. ( It was in Newcastle at their main dealership when we signed so we hadnt looked only seen pictures ) stupid some might say but it is a reputable dealership for a massive Manufacturer so we trusted what we were told . Now we are angry. Blackhorse have said we can unscramble the finance agreement and start again in my partners name but what if that doesnt work and he loses his 8500 grand deposit and the van !!! ? confused angry upset ( it was a relative who left the money for him ) !!!! please help if you can ..... i know i signed it but on the back of what we were told on numerous occasions it was not something we thought to question. ?

I should also say that when he originally applied for the finance it was in my partners name with GMAC ! He told us he had been accepted but they wanted a bigger deposit but not to worry as the GMAC rep would be going to see him so he would ask him about it. Then mY partner got a letter from GMAC saying he had been declined for the finance. We asked the dealer why we had got that letter but he just shrugged and said I don't know leave it with me.???? It was only after this he said the finance company wanted my name ONLY on the agreement then we were good to go ! No mention of a different company and certainly not a credit check on myself !

thanks to anyone who can help us through this minefield.

[stevemLS]

Re: Misrepesentation of credit ?

This all seems a bit peculiar - did you not read the application you signed for the finance -- or have I got entirely the wrong end of the stick?

[lozza]

Re: Misrepesentation of credit ?

This all seems a bit peculiar - did you not read the application you signed for the finance -- or have I got entirely the wrong end of the stick?

I didnt fill in an application for the finance. In the beginning he took all my partners details and said it would all be processed by their office and it could take a while to get an acceptance.

Next we heard my partner had been accepted by GMAC but they wanted a bigger deposit so he was playing the waiting game so he could see their rep and put another deal on the table.

Next we heard it was all sorted apart from they wanted my name on the arrangment purely for strengthening the deal. I never gave any of my details other than my name and date of birth, he must have gone onto their system and swiped the information from there, even my bank details which are used for my finance on my car.

The DD was supposed to be in my partners name but it is in mine . I never at any point asked for the finance. He obtained my details via fraudulent means . My partner had to sign for trading his van in then he drove the new van home. The van was registered in my partners name so he is the keeper as far as the dvla is concerned, yet i am lumped with the finance that was supposed to be in his name. I have sought a little legal advice already and it seems we may have a case under consumer rights act but we cannot do anything until Blackhorse can speak to the man as he is in cuba ! so frustrating.

[lozza]

Re: Misrepesentation of credit ?

I didnt fill in an application for the finance. In the beginning he took all my partners details and said it would all be processed by their office and it could take a while to get an acceptance.

Next we heard my partner had been accepted by GMAC but they wanted a bigger deposit so he was playing the waiting game so he could see their rep and put another deal on the table.

Next we heard it was all sorted apart from they wanted my name on the arrangment purely for strengthening the deal. I never gave any of my details other than my name and date of birth, he must have gone onto their system and swiped the information from there, even my bank details which are used for my finance on my car.

The DD was supposed to be in my partners name but it is in mine . I never at any point asked for the finance. He obtained my details via fraudulent means . My partner had to sign for trading his van in then he drove the new van home. The van was registered in my partners name so he is the keeper as far as the dvla is concerned, yet i am lumped with the finance that was supposed to be in his name. I have sought a little legal advice already and it seems we may have a case under consumer rights act but we cannot do anything until Blackhorse can speak to the man as he is in cuba ! so frustrating.

update on this is that it turns out salesman has been into the system and extracted my personal info including bank details and then forged my signature on direct debit form ! what do we do now ?

[nemesis45]

Re: Misrepesentation of credit ?

update on this is that it turns out salesman has been into the system and extracted my personal info including bank details and then forged my signature on direct debit form ! what do we do now ?

What hard proof do you have that the above is what actually happened?
Is this salesman an employee of he dealership, if so your next move is a Formal Complaint to the MD or equivalent of the dealership.
You must lay out clearly what has occurred and require answers from them. Subject to the response you could take the matter further
if needed.

What is the dealerships attitude to this who is in charge at the branch you visited?

nem

[lozza]

Re: Misrepesentation of credit ?

What hard proof do you have that the above is what actually happened?
Is this salesman an employee of he dealership, if so your next move is a Formal Complaint to the MD or equivalent of the dealership.
You must lay out clearly what has occurred and require answers from them. Subject to the response you could take the matter further
if needed.

What is the dealerships attitude to this who is in charge at the branch you visited?

nem

proof is that i never gave him any employment details nor my bank details both of which are on there system as i have a car with same company. we are in touch with the general manager at the moment regarding this he is investigating and so are the finance company. He has emailed a dd letter that i apparently signed but have no knowledge of as it was my partner who gave his bank details to the salesman as the whole thing was supposed to be in his name. being self employed he was set to earn money back off the van at the end of the tax year thats why it was in his name. But nope. so ....... who knows, its very stressful.

[nemesis45]

Re: Misrepesentation of credit ?

proof is that i never gave him any employment details nor my bank details both of which are on there system as i have a car with same company. we are in touch with the general manager at the moment regarding this he is investigating and so are the finance company. He has emailed a dd letter that i apparently signed but have no knowledge of as it was my partner who gave his bank details to the salesman as the whole thing was supposed to be in his name. being self employed he was set to earn money back off the van at the end of the tax year thats why it was in his name. But nope. so ....... who knows, its very stressful.

I think at present the best approach is to wait for the results of the " investigations" and the explanations put forward.

nem

[lozza]

Re: Misrepesentation of credit ?

I think at present the best approach is to wait for the results of the " investigations" and the explanations put forward.

nem

we are doing now manager and finance company are investigationg everything
thanks

[nemesis45]

Re: Misrepesentation of credit ?

we are doing now manager and finance company are investigationg everything
thanks

Good Luck!!#

nem

[lozza]

Re: Misrepesentation of credit ?

Good Luck!!#

nem

just and update to say the dealer did miss sell the vehicle after his manager investigated it for us. There is no extended warranty which we were told was part of the final cost and he did several credit searches without mine or my partners knowledge. On balance we had decided that it will cost us greatly in the long run if we go down the legal route as well as losing the vehicle! The manager has offered us 2 years FREE extended warranty (£550) and the first years service free ??? In the long run this is more beneficial to us than a stressfull legal battle which we are not guaranteed to win so we have chosen to pick our battle carefully and accept his offer ! Needless to say we are still not happy with the deception but do no have the energy to fight it further. At the end of the day we have the van its costing us less than it should have due to the dealers attempts to dupe us so there we go . Lesson well and truely learned , TRUST NO ONE and we will shortly be getting EVERYTHING in writing along with the paperwork for the van which we were never given ! Thanks for those who helped

[nemesis45]

Re: Misrepesentation of credit ?

just and update to say the dealer did miss sell the vehicle after his manager investigated it for us. There is no extended warranty which we were told was part of the final cost and he did several credit searches without mine or my partners knowledge. On balance we had decided that it will cost us greatly in the long run if we go down the legal route as well as losing the vehicle! The manager has offered us 2 years FREE extended warranty (£550) and the first years service free ??? In the long run this is more beneficial to us than a stressfull legal battle which we are not guaranteed to win so we have chosen to pick our battle carefully and accept his offer ! Needless to say we are still not happy with the deception but do no have the energy to fight it further. At the end of the day we have the van its costing us less than it should have due to the dealers attempts to dupe us so there we go . Lesson well and truely learned , TRUST NO ONE and we will shortly be getting EVERYTHING in writing along with the paperwork for the van which we were never given ! Thanks for those who helped

Well at least you are going to save on servicing and the warranty is worth having, but as you say not a complete resolution.
Getting all that's been said in writing is a very sound move.

Once again Good Luck!!

nem

- - - Updated - - -

just and update to say the dealer did miss sell the vehicle after his manager investigated it for us. There is no extended warranty which we were told was part of the final cost and he did several credit searches without mine or my partners knowledge. On balance we had decided that it will cost us greatly in the long run if we go down the legal route as well as losing the vehicle! The manager has offered us 2 years FREE extended warranty (£550) and the first years service free ??? In the long run this is more beneficial to us than a stressfull legal battle which we are not guaranteed to win so we have chosen to pick our battle carefully and accept his offer ! Needless to say we are still not happy with the deception but do no have the energy to fight it further. At the end of the day we have the van its costing us less than it should have due to the dealers attempts to dupe us so there we go . Lesson well and truely learned , TRUST NO ONE and we will shortly be getting EVERYTHING in writing along with the paperwork for the van which we were never given ! Thanks for those who helped

Well at least you are going to save on servicing and the warranty is worth having, but as you say not a complete resolution.
Getting all that's been said in writing is a very sound move.

Once again Good Luck!!

nem