TRADE CENTRE WALES THE CAR COMPANY HAVE LOST MY NEW CREDIT AGREEMENT?

[jules3107]

Evening all.

Well today has been a new one for me I have to say.

I traded in a 2nd hand car for £500 and paid a £100 deposit to secure a car for my 16 year old son soon to be 17 in July.

I bought the newer second hand car for my son about 2 months ago on finance from Trade Centre Wales in Merthyr Tydfil. My husband said last weekend that no payments have been taken as of yet. I stated don't worry about it, they had a deposit and the old car and probably just using that for now until the payments kick in from the bank.

Well today I now know why no payments have NOT been made. And the call went like this from Trade Centre Wales............

CAR ..........Hi this is Mr Blah Blah from the car company. I have noticed that we have tried to submit the mandate to take payments for the car but your bank refused??
ME ............Why would the bank refuse the mandate?
CAR...........We don't know the answer to that I am afraid, but we need you to come up and resign the documents with us and we will reimburse your fuel (its about a 80 mile round trip).
ME.............I am sorry but we are not available for the next two weeks so can not make it until then. May I suggest you e-mail the new mandate to me and we will print it off and sign it and send it back to you?
CAR...........I am sorry, we need you to sign ALL the forms again not just the credit agreement???
ME.............Why do I need to sign ALL the paperwork again? No way am I signing a new credit agreement when there is no need too. Look I will get back to you on this I am in work and need to speak with my husband over it and I will get back to you before the end of the day.

In the meantime I ring the bank and they explained that they do not know what the Car Company are talking about as a mandate was never submitted to begin with, if it had been they would have a record on file and we would have more than likely had a letter from the bank. If the mandate was sent to them it would be on our account ready to pay. The company NEVER sent any mandate whatsoever, so I was being lied too, but why?

I also ring the finance company being Hitachi, I explain that we bought a car about 8 weeks ago and no payments have been made so far. Hitachi confirmed they have NOT had any signed credit agreement from Trade Centre Wales.

TRADE CENTRE WALES HAVE LOST NEW SIGNED CREDIT AGREEMENTS!!!!!!!!!!!!!!!!!
I rung Trade Centre Wales back with MY updated findings and this is how the conversation went..........

ME.............Hi there, just ringing back about me coming back up to sign paperwork for the car I bought two months ago
CAR...........Oh hello there, yes, we have still been trying to find out what went wrong with the bank mandate.
ME.............Oh that's fine I know exactly what has gone wrong here. First off you NEVER sent the mandate off to the bank, I have just got off the phone to the bank. Secondly, I have also rung Hitachi and they can confirm they have NOT received any documentation from you whatsoever. So I am now in a position to tell you that you have lost everything and trying to pass the blame onto others when its due to your incompetence all this has happened.
So on that note, I flaty refuse to sign another credit agreement and my reason for this is.........."What if in a few years down the line you manage to find MY credit agreement and you try to say we have not paid for the car? In the meantime I have thrown the OLD credit agreement in the bin because its null and void (apparently). You can not force or even expect me to sign a new credit agreement when I have already done this.
CAR...........I understand your concerns, yet unless you start to make payments then we will have to come and get the car?
ME.............That's fine, but make it known I have not refused to pay for the car, I am willing to sign a new mandate if that's what you wish, yet I refuse to sign a new credit agreement.
CAR...........I will have to speak with my boss as I understand where you are coming from, yet Hitachi will not release the money to us for the car unless you sign a new agreement as the dates will not match up, also the credit agreement needs to be signed on licenced premises.
ME.............Since when did you have to sign a credit agreement on licenced premises? I took out my credit cards and signed for them at home and sent the paperwork off, also my hubby and I signed for our mortgage in the house and returned the signed legal documents to the bank. Why does it have to be licenced? Furthermore if we were not approved and not everything was fine, there is no way in hell you would have given us the car to begin with? The only way you will take this car is by returning to me my old car and my £100 deposit also any expense on the car. If you can not replace my old car, I would like the £500 for the Part Ex Promise and my £100 deposit.

Not sure if I am right on this right now and tried to get in touch with trading standards, yet I will not be giving them the car back as I have not refused to pay for it. THEY lost the credit agreements and I have told them to e-mail them to me and will sign and send them back recorded delivery, but that isn't good enough either. I will be ringing Hitachi again tomorrow, trading standards and the financial services ombudsman. They either give me back what we have lost, or they give us the car at half the price due to their incompetence. Needless to say we are all FURIOUS !!!!

I would appreciate some knowledge if anyone knows how to play this.

Many Thanks

Jules

[Never-In-Doubt]

Re: TRADE CENTRE WALES THE CAR COMPANY HAVE LOST MY NEW CREDIT AGREEMENT?

FCA Regulation and such comes with different permissions. Some lenders CAN ONLY canvas on premises, ie kitchen suppliers etc whilst others can canvas OFF premises so it may be true that under their FCA licence (ex consumer credit licence) they can only offer credit on site. Check with the regulator and see their permissions - it's publicly available.

[nanna58]

Re: TRADE CENTRE WALES THE CAR COMPANY HAVE LOST MY NEW CREDIT AGREEMENT?

Excellent for standing your ground , good luck with this. xxxx

[Never-In-Doubt]

Re: TRADE CENTRE WALES THE CAR COMPANY HAVE LOST MY NEW CREDIT AGREEMENT?

Just thinking, when you first went in and signed up they must have given you copies of an agreement then; right? Do you have those?

It looks like they've lost their copies alright.

[jules3107]

Re: TRADE CENTRE WALES THE CAR COMPANY HAVE LOST MY NEW CREDIT AGREEMENT?

Good Morning,

I have just been in touch with the powers that be and they have confirmed that documents do not have to be signed on their licenced premises. ;-) Happy Puppy today on that news.
Also I have been in touch with the Information Commissioner (Data Protection) whom have informed me that there are 8 breaches to the Act and this is Breach 7 of the Act and I now need to make them aware of my findings and give them 28 days to reply.

[Never-In-Doubt]

Re: TRADE CENTRE WALES THE CAR COMPANY HAVE LOST MY NEW CREDIT AGREEMENT?

Why is it a breach of DPA? It's nothing to do with the ICO - it's a regulated agreement between you & hitachi so falls under the scope of the FCA.

If they simply require new signed paperwork call them and tell them you've confirmed with the FCA that they're licenced to canvas off premises and thus ask them to come to you with an agreement that you can sign there and then.

Sorted. It's that easy really....

[The Tech Clerk]

Re: TRADE CENTRE WALES THE CAR COMPANY HAVE LOST MY NEW CREDIT AGREEMENT?

A garage few years back came to where I worked for me to sign an agreement as they Knew I worked until midnight - no problem. Trade centre are a nightmare they stated better range another depot in Swansea so we traveled there and low and behold were told cannot understand why M T sent you here, to compensate here is a voucher to put against a purchase of one of our cars @ either site, it went into the appropriate bin,

They @ M T offered originally a part exchange price but of course was introduced to the Manager (seems their way of doing things) and he stated no way that price of exchange, but if we took out finance then he would review the part exchange, (we were cash buyers) , Good Day I said and left.

went to a small dealer in Swansea and found what we were looking for - dam good/fair exchange price and come back the car will be serviced and MOT!d and checked for the end of the month so you get a full months tax instead of loosing 3 weeks. Deal Done.

[jules3107]

Re: TRADE CENTRE WALES THE CAR COMPANY HAVE LOST MY NEW CREDIT AGREEMENT?

Evening,

I have copies of everything, unfortunately they don't, I have offered them to sent to Hitachi but they claim they will not want copies and have to be originals.

Now today I spoke to Trade Centre Wales and they claim that they now have copies?? Well use them if Hitachi will accept them.

Lets see where this takes me shall we? lol

Jules x

[jules3107]

Re: TRADE CENTRE WALES THE CAR COMPANY HAVE LOST MY NEW CREDIT AGREEMENT?

Evening again,

This is for NIddy ;-)

My main concern here is my documentation being god knows where. I have been in contact with the FCA, as suggested by Niddy they have searched the database to find they are not restricted to trade at one place. Furthermore I do not need to sign on their so called licensed premises. In fact the FCA asked me to aske them "Where is the rule or law stating that I need to sign on their premises. There is no specific rule within the registration that places retrictions on them. So I know they are lying on this point.

I have also been in touch with ICO as its a Data Protection Breach. My hubby used to be in Data Protection officer in his past life and still knows some of the rules.
My driving license my bank details are in all that paperwork?
There are 8 Principles to the Data Protection Act (as I was told this morning) and they have breached Principle 7 of the Act by losing my documents and that is the reason I contacted them as they are the governing body for Data Protection.

[Never-In-Doubt]

Re: TRADE CENTRE WALES THE CAR COMPANY HAVE LOST MY NEW CREDIT AGREEMENT?

Hiya - yea, we are pretty clued up with DPA but my point stands - why are you concerned about DPA when surely the "real" issue is the car? Your documents were never posted. They are still internal within the licenced premises - the ICO are as good as a wet lettuce. Pointless.

Stick to your argument and try and not worry about "what ifs". To be a breach of DPA you must prove it. You can't. So forget it. Trust me here - you're ringing asking questions to which they'll agree; is a breach of s.7 but prove it? You're speculating that the data is lost and even then; lost internally isn't a breach.

My point is you need to get the car & agreement side sorted. Forget the ICO. They're nobodies really.

[Joanna Connolly]

Re: TRADE CENTRE WALES THE CAR COMPANY HAVE LOST MY NEW CREDIT AGREEMENT?

They are asking you to sign at their premises because the agreement is 'non cancellable'. If it is signed anywhere else it would be improperly executed and could cause them problems. Out of interest have you checked the figures on the paperwork you have to see of it is what you agreed to sign up for?