I think my CarLoan4U car HP agreement is void

[df1970]

Hi,

 

I'm in dispute with my car finance company at present over the amount stated on the agreement.

 

However, in the process of going over the paperwork, I've noticed that the original agreement is missing 3 pages of terms. I am able to prove that I have never been provided with these missing sections as everything was done electronically.

 

On that basis, is it possible that the HP agreement is void?

 

Thanks,

 

1970

[SeanG79]

Was the agreement in your personal name or a business name? If it was in your personal name, it would be regulated, in which case it should have been signed on trade premises (ie. the dealer or brokers trade premises, where a valid CCL is held). Where you provided with pre-contract information?

 

Why did you not go through the paperwork for the agreement BEFORE you signed it?

[df1970]

Hi SeanG79,

 

The agreement was in my personal name and the broker was CarLoan4U.

 

It was emailed to me by CarLoan4U to my hotmail account while I was at work. I printed it off, signed it at work in my lunch break and posted it recorded delivery.

 

As it was sent by email, this is how I am able to prove that pages were missing as the broker created a single PDF containing a cover letter, a key facts document, the terms (2 pages of 5) the gap insurance terms and the PPI terms - 17 pages in all.

 

I could make excuses but I simply did not notice the incorrect loan figure until about a week after signing (after taking delivery of the car and then deciding to file the paperwork away) and it has only just come to my attention (4 years later) that a substantial part of the terms is missing. So, yes a mistake on my part!

 

In regard to pre-contract information, all I have is the 17 page PDF and I'm not sure if any of it acts as pre contract info.

 

1970.

[SeanG79]

If the agreement was signed off trade premises you would have been a afforded a "cooling off" period of 14 days because the agreement was signed via a broker.

 

you would need some one to take a look at the full contract for you, but you state that you realised a week after signing and taking delivery that the loan amount was incorrect. Why did you not address this with the finance company back? With 4 years passing and I'm assuming you have been making your payments over that time, I am not sure how the courts would view this.

[df1970]

First point, the paperwork is erroneous then as it says:

 

"You do not have the right to cancel this agreement either under the consumer credit act 1974 or the timeshare act 1992.

 

The whole thing is a shambles and I've been lied to constantly.

 

Second point, I have been dealing with this now for 4 years and have certainly addressed it. In total there are around 30 emails that have gone to the broker and I have escalated it through their complaints procedure and had one of the directors dealing with it. Every time they have communicated with me they have lied (changing their story as to why they consider the figures to be correct) and I have proved them wrong each time by catching them out and showing them emails from other members of staff that contradicts their attempts to cover this over. The have constantly thrown the complaint back to me unless I provide proof. Which I have including emails, a print screen of the garage website showing the price of the vehicle as being available to purchase for £4200 cash and I also managed to obtain an invoice from the garage showing that it was indeed sold for £4200. (none of this has anything to do with deposits or trade ins by the way).

 

In regard to making payments - of course I have as they have the upper hand at all times even to the point now that they have hit my credit file with a default because I am now playing hard ball with them. I've stopped paying now as I consider the agreement to be void and I've asked them to collect the car.

 

1970.

[SeanG79]

What has the actual lenders position been in all of this?

 

It is difficult to comment on the documentation without seeing the actual documents. You could approach the OFT (Office of Fair Trading) or FOS (Financial Ombudsman Service) who may be in a better position to assist you as to your rights and recourse.

[df1970]

Well, I contacted the lender in the first instance (during the initial 14 days) and they said it was a problem I had to resolve with the broker. I also wrote to them in 2010 with a long winded update on where I had got so far with the broker (ie nowhere) but they never replied.

 

You're right though, I've just received a paperwork pack from FOS with a case reference so that I can file this with them. In the meantime, I written another letter to the finance company asking for their final response.

 

So at present, the car is sat on my drive - not being used but I have to maintain the tax, insurance and MOT as it's registered in my name.

 

I guess I came here to get views on where I actually stand or will I end up paying another £4000 despite all of the errors and mistakes.

 

1970

[df1970]

Any further comments on this one?