[Help] Car PCP agreement help!

[BevBHA]

Hi all,

Looking for some advice as I’m in a situation I’ve not been in before!

Around 2/3 weeks ago I signed a PCP agreement to part exchange my current vehicle (also on PCP) for a new one from a garage in Leeds. I’ve got 2 close friends who have also used this garage and heard only good things, they also have excellent reviews on trust pilot etc.

I had already discussed my current cars condition and provided photos of the car to the garage and they were happy. The car was in negative equity of around £2000 after we agreed a trade in price for it, I made up this difference.

My finance agreement was signed about 2 weeks ago and has since come back all okay and the agreement has commenced.

I took delivery of the car yesterday via delivery (which I paid £300 for as I couldn’t be bothered to drive to Leeds and back). The driver dropped the car, looked over my one, took the vehicle documents for my old one and off he went quite happy. As was I with my new car.

I have received calls and messages today from the garage saying they are no longer happy with my old cars condition and they would like to return it and take my new car back, as there is more work than they initially thought (mainly paint damage).

Where do I stand? As I’m not very happy and as far as I’m concerned they had the chance yesterday to refuse my car before taking it, my finance agreement has already started and all docs etc signed. It feels like very bad faith to me and I want to refuse what they are asking, but do I have a right to?

Thanks in advance

 

[Weststander]

Whilst we await a qualified lawyer.

Does this boil down to the representations you might have made on the condition of your old car? If you were truthful and fully disclosed throughout, then their only legitimate cop out would be an explicit term signed by you that the contract was subject to their inspection post collection.

If you're confident on the above, either approach the CAB for help or Which? Legal, who'll advise on your next step.

If you do feel at fault, perhaps make a "without prejudice" written offer to pay for the paintwork repair at a sum to be negotiated.

 

[Official Old Man]

Not a legal eagle but ask them to show in pictures the paintwork they are not happy with. Maybe it was damaged in transit? If the pictures show areas you also took pictures of then you are in the clear as you showed them any damage.

 

[Affy]

Also not a legal expert but I do deal with contracts fairlay regularly.

This will, I suspect, come down to the contract signed.

If there is a clause in there which says they have right to return after delivery if not as described then they can exercise it however, it would be on them to prove the vehicle wasn’t as described.

If it was hidden mechanical damage then I could understand their stance a bit. Ore but if the paintwork is as the photos provided then tough (Imo).

If you have fully disclosed condition with relevant photographs/videos etc and they have the agreed a sale without physically viewing the vehicle the. You have a good argument that you haven’t failed your side of the contract.

I would suggest speaking tk a solicitor or at the very least citizens advice/trading standards.

 

[Justice]

Dirty Leeds

 

[Albion my Albion]

Dirty Leeds

Done Paint cheap!

 

[Clive Walker]

Your car has been in Leeds for a week now. Therefore it is Leeds through and through.

 

[alanfp]

Caveat Emptor! (in this case it's the garage, unusually).

I am not qualified etc but my stance is that (in addition to all the above advice you've been given) their representative had adequate opportunity to inspect the car before leaving you with the new one.

I really don't see how they can prove that the damage was different to what you declared unless they have clear date-stamped photos taken when they picked the car up from you - and you haven't mentioned this, so I guess they haven't.

Also, "possession is 9 tenths of the law". so one possible tactic is to ignore all calls/emails from them. They may give up and go away. If you get a threatening letter from their solicitor you can reconsider at that time.

Either way, good luck.

 

[Shropshire Seagull]

Horrible when this sort of thing happens.

I'd respond with: "the delivery driver inspected/looked over my old vehicle before taking it away and no observations of the damage you now report were observed or recorded. This would indicate that the damage occurred after the vehicle was taken away and it is unreasonable to hold me responsible for that".

As mentioned above - check the agreement / contract carefully for either party's right to cancellation.

Statutory law provides for any contract to be set side if either party has made a misrepresentation in their description of goods or services. IIRC, in this instance, both parties should be put back in to the same position they would have been prior to the signing of the contract. If they want to return your old car, which now has damage that it didn't have when it left your possession, that's a problem. Not least the £300 delivery charge you'll want reimbursing ....

Source: Contract law module on Business Studies degree 30-odd years ago - caveat emptor indeed

 

[Worried Man Blues]

If they come to pick up the car........put your dog in it!!