Car finance - have we been had?

[niknjas]

Hi

 

Decided should get a new car for work as not sure how long my old second hand chariot of 20 years would last, so 7 weeks ago, ordered a car which the car dealer said would be delivered in two weeks. Got it New Years Eve.

 

The Car dealership we got it from , I would not recommend to anyone as words backside elbow and don't know from, are in there somewhere. Customer Service was almost non existant.

 

Took out insurance to cover the car while we were there and when got home, thought it was a bit over the top, so decided to start looking around at insurance. Every site we went on asked the cost of the extras we had added to the car. In the paperwork, we could not find any breakdown for these at all, so emailed the dealer. They rang us yesterday and said we forgot to charge you for the extra's do you want to re-finance or pay cash? /does anybody know where we stand on this as have signed for the car?

 

We put down a substantial deposit but a quarter of this seems to have been swallowed up in admin?!?! eg $700 to set up the insurance origination fee. Surely this is not right?!

 

Can someone please advise me if this is right as not got anything on finance here before?

 

We also had to sign a disclaimer, is that standard practice?

 

Also is it standard practice to have shortfall insurance?

 

I feel like telling them to shove the car where the sun don't shine and getting my deposit back. This has definately taken the shine off of it.

 

If anybody could offer advise it would be greatly appreciated

 

Thanks

[Sallyh]

Doesn't sound good. I wouldn't assume that they can re-open the contract price and charge you more but my legal experience is in UK not here!!!!! I have recently found the Office of Consumer and Business Affairs on the internet when I needed advice cos our agent was taking us for a ride with landlord charges that should have been his and not ours.

 

They give advice on all sorts of matters, and here's the link to the page with the contact numbers - go for the Consumer Advice one: OCBA - Contact us

 

There's also a lot of general advice on that website about buying second hand cars, the protection you have etc, so I would read as much of it as you can tonight, look at your papers, and then ring the Office Of Consumer & Business Affairs tomorrow. The pages about cars are here:

OCBA - Buying a car

 

Don't hand over any more money or have any more communication with the dealer until you know exactly where you stand. HTH.

[Guest jackielou]

what car dealer was it out of couriosity ?

[niknjas]

oNe on maIn South road

[Diane]

You could probably get some advice from the RAA as well if you rang them? Or at least they can point you in the right direction..

 

Good luck, hate hearing stories like yours - makes my blood boil!

[Guest moonraker1959]

As mentioned before,I would'nt be handing over any more cash for now anyway.Maybe ring them and tell them(in a non threatening manner)that you are seeking legal advice before you pay them anymore money.If they've made a mistake then thats their problem,not yours.

[Guest The Steeles In Adelaide]

Hi not sure how it works exactly but pretty certain that once they have made the mistake it is there loss. the shortfall insurance not sure either, have heard of a balloon payment at the end and sometimes an insurance is required for that, certainly would get some legal advise. really hope you gat this sorted out soon. by the way which dealer was it out of interest. dont think pia site can display on forum so can you pm me?

Thanks and wish you luck Dave.

[sparkly cat]

I know this isnt going to help Nikki and Jason, but we have bought a ex-demo car with Southside Suzuki, a new Van with CMI Toyota and a 4x4 with Australian Motors and would like to recommend them, they have been great, really friendly and even when we take them for service, if they see us they come and ask how we are getting on.

Regards

 

Sandra

[niknjas]

Thanks, they did ring yesterday (funny that) and I said J would be in but did not tell them when. Cancelling all the insurances today by letter. Will speak to OCBA and see what happens next.

Do not want them to get away with it that is for sure.

Niki

[niknjas]

Thanks. That's what we thought too about tough luck, their foul up but did not know if it worked the same here.

 

Niki

[niknjas]

Thanks, that is what we thought too but did not know if it worked like that here

 

Niki

 

As mentioned before,I would'nt be handing over any more cash for now anyway.Maybe ring them and tell them(in a non threatening manner)that you are seeking legal advice before you pay them anymore money.If they've made a mistake then thats their problem,not yours.

[niknjas]

Hi

Just to let you know, I emailed OCBA and they rang me back within 5 minutes and then spoke to the Legal Services Commission (which was free, who also rang me back) all within the space of half an hour.

They both said that the dealer was supposed to be the expert and that it is their mistake and should honour it. That it was not our mistake or our intention not to pay for the goods or a forseeable circumstance. Basically they are saying they either have to foot the cost for ($3500) it or rescind the contract.

will give further updates once been in to see the dealer.

Thanks for support, ideas and suggestions everyone

Regards

(a slightly happier) Niki

[Sallyh]

Good news. They expect people to not know their rights (or be able to find them out) and it makes you wonder how many people pay stuff when they don't have to, just cos a dealer or whoever makes a mistake and pretends you have to pray more!! Grrrrrr (I haven't heard any more from our agent since I wrote my polite 'get lost' letter but similarly they'd said to me that it was "only fair" that we paid half of a maintenance bill. Er, no!!!!

[niknjas]

Think they tried bamboozling us with info or tried to bore us into submission. unfortunately for them it was not the info they should have given us. As my mother would say we have not just stepped off a number 9 bus.

Cheers

Niki

[niknjas]

Just to give everyone an update on the situation, it now resolved hurray!!!!! (and amicably).

 

The short version of it, is that they were wrong, but still had to pay for extra's. They re-worked finance agreement, took off the gap insurance and the origination fee. Our re-payments worked out less somehow and that is with the extra's worked into it. We also got free car mats, if we were nice on their feedback survey.

 

If anyone ever sees an origination fee on their finance agreement from a car dealer, tell them to sling their hook. They will explain it is their commission fee or their office paperwork fee for envelopes etc.

 

Thanks for support and suggestions from people and just to say do not use that dealer.

 

Jason & Niki

[Sallyh]

Glad you have a result and can draw a line under it. It's so annoying isn't it when dealings like that go wrong.

[niknjas]

Thanks Sallyh.

Glad it is resolved amicably but they still won't be getting any recommendations from us as it should not have had to go that far.

 

Jason & Niki

[Cannons]

Hi Glad you got it all sorted out and quickly too. We have just purchased a car from Kia/Suzuki on Main North Road and they were excellent very helpful especially when it came to getting the finance.

 

Jo