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  1. #1
    Nza
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    URGENT AUDI Finance/Dealer Query Contractatual Issue

    Hi Guys I have a friend of mine in a situation who has bought an A4 on finance from a dealer. Now this is whats happening. In the time of signing of the contract the dealer confirmed all finances and then she got to drive away with her A4. Now few days later the dealer calls back and says they made a financial miscalculation and are short of over 2000. They are basically telling her that they are within their 30 days to terminate the contract and get those figured re-calculate or even taken back if the new figures cannot be met. Now is this dealer talking s*it or are have they lost out and financially she is legally bonded with her finance company with the monthly settlement figures based on the contract the dealers made her sign. Please give me some feedback guys.

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    Best bet would be to call the citizens advice burea they will be able to advise you
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  4. #3
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    Does the dealer have the same 30 day cooling off period that the buyer does? I don't know.

    Have a browse of this car section from Consumer Direct and this article on cooling off periods from Money Extra.Com.

    But as stated I'm sure the CAB will sort it I am sure she has a very good case though, if the dealer made the mistake then as good customer service they should stand by it and take it on the chin.
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    NHN
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    If the contract is signed by the dealer & her then I would hazard a guess they are screwed, but she needs to check the T&C of the finance to see if the dealer has a cooling of period aswell, if there are no mentions of this in the contract then they have no case & she is free to stick with that contract, if they changed the T&C after finding these issues then they have to give her prior notice so from where I stand the dealer cocked up & they have to brunt the extra costs, bu,t its all down to the T&C's from that dealer & whats written on the usually back of the contract.

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  6. #5
    Nza
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    She advised me that the contract has no mention of a 30 day cooling period in section 10 of the clause within the contract.

    Plus the finance company advised that the contract is set up whereas the dealer was telling her he did not set up the finance because there was a mistake.

    He claims he can call up the finance company and get them to re-ammend figures within 30days.

    She advised me there is nothing stating 30days on her finance contract, plus the dealer signed the purchase invoice

    I think he is screwed lol and just trying to intimidate her haha

  7. #6
    NHN
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    If the contract doesnt state anything about 30 days dealership cooling of & the finance company says its in play & they cant amend it then he's fecked, make sure she rings the finance company & advises them the dealership is trying to amend the deal/finance & you're not happy about this, make sure they're aware of this & she signed a contract as it is, if they amend the contract then its void & she has grounds to sue for breach of contract, tell her to tell the dealership tough, you fecked up I'm not paying anymore & the contract stipulates feck all about 30 days cooling of, make sure she scrutinises it beforehand or she'll look rather stupid if he pulls out a copy with it on.
    Last edited by NHN; 23rd May 2009 at 22:24.

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  8. #7
    Nza
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    No mention of 30days on the financial contract about terminating and re-ammending figures. Plus I will get her to advise the finance company asap.
    Quote Originally Posted by NHN View Post
    If the contract doesnt state anything about 30 days dealership cooling of & the finance company says its in play & they cant amend it then he's fecked, make sure she rings the finance company & advises them the dealership is trying to amend the deal/finance & you're not happy about this, make sure they're aware of this & she signed a contract as it is, if they amend the contract is void & she has grounds to sue for breach of contract, tell her to tell the dealership tough, you fecked up I'm not paying anymore & the contract stipulates feck all about 30 days cooling of, make sure she scrutinises it beforehand or she'll look rather stupid if he pulls out a copy with it on.

  9. #8
    dorosth's Avatar
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    Guys
    There is no way there could be a 30 day cooling off period on a finance contract!!!!.
    once finance agreement signed by both parties then thats it; you cant be changing figures after that NO WAY.
    the dealer is trying it on as he clearly miscalculated the deal......
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  10. #9
    jr
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    The dealer put the wrong sticker price on my old s4 and I got that at 4.5k under list the dealer did the deal then realised his mistake but stood by the deal.

    Although both partys have rights I would suggest in a tactfull way that the dealer should stand by his mistake or take the negative publicity that you could create

  11. #10
    NHN
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    Damn he must have had a huge markup on the car in the 1st place then, lol

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  12. #11
    jr
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    NOOOOO When I bought the car in 2006 I paid 15995 for the S4 and at the same time there was a 1.9tdi windscreen price 20500 genuine mistake it turned out to be a new appentice

    On a brighter note I do have a new car off them every two years................

  13. #12
    NHN
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    LOL denotes joke, lighten up.

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  14. #13
    jr
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    I googled it (LOL) laugh out loud ....................

    I am a technofobe.......... sorry I was just answering the question, I am fully lightened up

    Cheers

  15. #14
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    sure he's not giving you Lots Of Love
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  16. #15
    NHN
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    Quote Originally Posted by jr View Post
    I googled it (LOL) laugh out loud ....................

    I am a technofobe.......... sorry I was just answering the question, I am fully lightened up

    Cheers
    Call it lazy but cant be arsed to write that each time I laugh at posts.

    Quote Originally Posted by razza1 View Post
    sure he's not giving you Lots Of Love
    Man love, hey I can see your open minded about it mate, lol,

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    Quote Originally Posted by NHN View Post
    Man love, hey I can see your open minded about it mate, lol,

    opened minded, just not participative

    back on track with the thread, tell them to hold their guns, their error, you can't sell something and then say 'oops, sorry I should've charged you more, can I have some more money please...?' You snooze you loose...good luck with it!
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  18. #17
    NHN
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    lmfao I must admit not my area either lol.

    Anyway you're right, cant ask for more money now the deals done.

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  19. #18
    Nza
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    My friend advised today she called the Finance and they are saying the dealer does not have NO 30 day cooling off period. However he is still calling her now harrasing and leaving voice mails that he will take legal action and wont stop until he gets his outstanding 4830.10 She already notified the finance that he is being a pest and the motoring will send his ass an email.

  20. #19
    NHN
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    You cant be serious, the guy needs a reality check, get her to throw a lawyers letter at him, he fecked up & she signed a legal binding doc, he cant even think he's gonna win, hey 200 for lawyers letter is better than 5k to settle, she has everything in her corner, its a legal binding contract, if it has no mention of adjustments can be made etc etc by him then he has no hope in court of law, also make sure she doesnt get tempted into settling early by paying him say 50%, he cocked up his problem.

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  21. #20
    Nza
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    Yeah she is calling finance tomorrow again to let them know of what he is threatening. Also I think he is getting shaky as I heard the voicemail he left and he sounds like he is biting his nails and intermittently fartin with nerves.
    Quote Originally Posted by NHN View Post
    You cant be serious, the guy needs a reality check, get her to throw a lawyers letter at him, he fecked up & she signed a legal binding doc, he cant even think he's gonna win, hey 200 for lawyers letter is better than 5k to settle, she has everything in her corner, its a legal binding contract, if it has no mention of adjustments can be made etc etc by him then he has no hope in court of law, also make sure she doesnt get tempted into settling early by paying him say 50%, he cocked up his problem.

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    Quote Originally Posted by Nza View Post
    Yeah she is calling finance tomorrow again to let them know of what he is threatening. Also I think he is getting shaky as I heard the voicemail he left and he sounds like he is biting his nails and intermittently fartin with nerves.
    ..lol any chance of a listen?
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  23. #22
    Nza
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    Lol nah but it was funny

    Quote Originally Posted by Johnytuono View Post
    ..lol any chance of a listen?
    JohnyT

  24. #23
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    I have heard of the likes of Carcraft trying this. They offered my Mother in law a car @ xxx per month then wrote to them saying they had reviewed the circustances and it was now going to be an extra 80 per month, as they hadnt sent the forms to the finance house yet they could do it. Needless to say, the car got thrown back at them

  25. #24
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    Quote Originally Posted by Nza View Post
    Yeah she is calling finance tomorrow again to let them know of what he is threatening. Also I think he is getting shaky as I heard the voicemail he left and he sounds like he is biting his nails and intermittently fartin with nerves.
    I wouldn't be surprised if this guy's job is on the line and he is mis-treating your friend, outside of company policy !

    If it is a main dealer, I would also complain to the parent company and/or Audi themselves that the salesman is harrassing her !
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  26. #25
    NHN
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    Thats a very good idea tbh

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  27. #26
    Nza
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    This is the update guys.

    Would you believe the dealer has the cheek to not pay of the other finance company the money he advised he will pay.

    He is so choke he f*cked up with the calculations, now he does not want to pay the difference.

    Now my friend is getting letters from the other finance company because they think she is still the owner of the other car.

    Whats your thoughts guys.

  28. #27
    NHN
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    Time for a solicitor mate & also talk to the finance company & advise them you have followed the original contract & they are the ones causing the issue, try to get them on your side so they stick it to the dealer as tbh you're well within your contractually obligated T&C's, so I cant see how the dealer can get out of it, but chat with lawyer.

    I also advise you goto the dealer & talk to the owner if its a proper dealership explain what they fecked up on & now expect you to deal with it, explain the contract is 100% valid & if they dont stop harrassing you & pay the old car finance of then you'll sue them for breach of contract, go with lawyer & also advise you're going to claim the lawyers fees of them aswell, show them you're very serious about it now as they infact are now in breach of the agreement, you're not.

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  29. #28
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    ah something in Nza last update sheds some more light on the subject.

    The mention of settling finance on a motor that was part ex'd ? This I think is what the dealer is asking the difference for ?

    Now from what I understand the OP's friend is still liable for the payments of the car being traded in up until the finance is settled. So it would seem that the finance company which finances the traded in car could quite easily instigate action against the OPs friend, which could mean their credit rating gets shafted and the dealership looses the traded in car to the finance company.
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  30. #29
    Nza
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    Yeah I will def need to her to get in touch with the Beaureau to get legal advice.

    Its a shame he puttin her though so much drama cause he is saying he will take legal action against her.

    Apparently he was shouting down the phone to her saying he will not pay for the other car which was traded in until the miscalculation his dumb ass did gets sorted out.

    So its a flaky situation as the finance are not getting in touch with him but are putting pressure on her with monthly payments not being received.

    He a real grimey dealer.

  31. #30
    Nza
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    Quote Originally Posted by auroan View Post
    ah something in Nza last update sheds some more light on the subject
    The mention of settling finance on a motor that was part ex'd ? Yeah part exchanged.

    This I think is what the dealer is asking the difference for ?
    Yeah he basically is saying he miscalculated the deal and she is paying for less.

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    Ouch... this then is a bit more complicated than originally thought, my advice now is defo seek legal advice from a solicitor... as even though the dealer got his calculations wrong... legally I think your friend is in a very sticky situation, rather than the dealer.
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  33. #32
    NHN
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    Yeah is more complicated now which I wasnt aware of, but as already stated its time for lawyer to step in.

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  34. #33
    Nza
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    Yeah its a thin ice situation for her.

    So you guys are saying she will be more in the hot water? As the Ex-Finance company are saying she is still the motor loan registered/car keeper etc. They are essentially telling her to get the money off the dealer who is being a real b*tch.

  35. #34
    NHN
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    No, we say you contact both finance companies & advise what they've done on new car & what the current situation is & contact a lawyer, she should have done that weeks ago as advised tbh.

    Whose the dealer again & is it a main dealer or independent?

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    Hi
    That sucks.Id like to know who the dealer is too, but I dont think it would help your case if you broadcasted it just yet.But for christs sake, keep the messages and play them back to the head honcho at the dealership if necessary.I believe that the dealer is in breach twice...the first case and the second which is not settling the finance for the traded in car.Id get a shift on getting legal advice tho.good luck
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    Be interesting to see how this pans out. Ultimately, if he has made an error, im guessing it was a genuine error and usually contracts will have something like:-

    E&OE

    Which means Errors & Omissions Excepted

    It basically covers your ass if you make a mistake on something like an order form or finance document.

    Sometimes, genuine errors do happen and you will have legal rights in law.

    It might turn out that the salesman made a genuine mistake that he is legally covered by, in which case, your friend will have to either pay up the difference or hand the car back.

    As for the part ex, which he said he would pay off. This sounds like the only tool he has left to bargain with, so you cant blame him for trying. At the end of the day, he made a genuine mistake and is trying to recoup his losses.

    I think if it went to court, the judge could well find in favour of the car dealer.

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    Yup thats how I understand it now, with the extra info about the traded car.
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  39. #38
    Broken Byzan's Avatar
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    I would return the car, get the part ex back and go somewhere else tbh

    I cannot see anygood coming of this quickly, and then your friend is still liable for payments on the old car as part of her finance agreement

  40. #39
    Nza
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    Update

    Friend spoke with lawyer and he advised her that she can get a legal letter written for 250.

    The Solicitor advised that she will stand a greater chance of winning and will ensure she gets extra like unnecessary burden faced etc.

    He also mentioned trying to get legal cover via the insurance.

    The solicitor advised that there is no way he can look to pull out the finance and re-calculate as he is breaching his side of the deal.

  41. #40
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    Yeah but thats not the issue is it ? From what you've said the problem is actually the fact that she traded in car needs a higher settlement figure than what was orginally calculated.
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