Where do I legally stand?

[RedRobin]

^^^^
I'm not suggesting you shouldn't arrive at a deal but you've nothing to lose by getting proper legal advice and everything to gain - I suggest getting legal advice anyway.

I do very strongly suggest that everything henceforth is put in writing.

[markfive]

^^^^^^^

What RR said. Big style.....

[Poverty]

If this was joe bloggs you were dealing with id say do the honourable thing. But as its just a garage who wouldnt give two monkeys if it was the other way around, id say seek legal advice asap, and dont continue any correspondance with them. Everything should go through your lawyers.

[smokeybubbles]

if they don't settle off the finance on the twingo, they can't sell it??  so they will be out of pocket even further.  on you rinvoice it should state the part exchance price, and the outstanding finance. the invoice should be enough to say that the twingo has been paid off for example:

Purchase price of the car                   £10,00
Part exchange                                   £5,000
Sub Total                                           £5,000
Settlement                                         £4,500
Sub Total                                           £9,500
Amount due from finance company    £9,000
Balance                                             £500
Deposit                                              £500
Left to pay                                         £0


If there is a settlement figure on there that has been added back onto the purchase price after the part exchange then that proves that they have taken into account all outstanding finance and you are covered.  Seriously seek legal advice.  I don't know about you but the £1500 you have offered them is a lot of money to me, and a few sleepless nights may be par for the course.

[joesgti]

I wouldnt have offered anything untill id have spoken to a soliciter. you have plenty of time, id just wait for them to call, then make sure you record the call and make sure he knows its being recorded. then just take everything to a soliciter and see what they say, that just imo. 

and no car is worth loosing sleep over 

[Betty02]

This isn't the stress I need after spending 4 weeks in hospital with a heart condition.

Spoke to cab today they can't do anything due to the snaking, same with trading standards they all say it's a civil matter.

I just worry as I spoke to finance if it doesn't get paid they will still take it out of my account. As the garage were not offering to pay that then I couldn't afford that, that's why I cane up with this deal. Will see tomorrow :(

[Blake-R]

One more thing to consider Betty, if they agree to your offer, make 100%, before you hand over the cash that the remaining finance on the twingo is payed!! As everyone keeps saying, even if you get a letter written up by a solicitor stating you will pay x amount and the dealer will settle the finance. Because i wouldn't put it past them taking your cash and saying you still owe money on the twingo! Solicitors without a doubt on this one my friend!!

p.s Do not let yourself get stressed with this, it's not a big deal. At the end of the day worst comes to the worst you give the golf back, you can find another one! but don't get ill over it!.

[smoftah]

Any update Betty?

[Betty02]

Twingo is still there. They had a legal advisor when I went to collect it there I didn't know but nothing came of that.

Went to drive it home heard a knocking, pulled up and rear wheel was point in towards the boot, got under the car in 10 inch of snow and the rear suspension had snapped, the suspension arm I think/damper had also snapped and wheel was pissed. major camber.

Rang them up really really annoyed, they came and collected the car and are fixing it for free, I reclaimed my fuel costs there and back, they will pay my next months finance on the Twingo if it goes out and they still have the car.

As far as the Golf I did sign a new contract despite all my efforts they were point blank refusing to pay the Twingo finance, got the golf in the end for £7500 so isn't too bad really. After though I was thinking they wouldn't of done that if they knew they were correct and not in the wrong, but anyway I just got worried of needing to still pay the Twingo and the golf I just point blank couldn't afford it whilst this was on-going especially after xmas.

Once Twingo is home I am doing a voluntary contract termination and giving it back, not costing a penny as I have paid so much of it so it just simply goes back then that's it.

Not the best outcome guys I know but just the hassle, strain and worry of £5k handing over my head for the Twingo just wasn't good. Still got some fuel costs back and a GTi for £7.5k I guess.

Just want to thank you all for your help though guys some points in this thread certainly made him stumble a few times, the best thing about it was the long pauses. I would make a valid point it would be quiet for a good 30-60 seconds whilst he thought of a worthy reply.

[Hedge]

When this is all said and done thank them by posting them a turd or 2 through the letterbox. 

[Eddie-NL]

When this is all said and done thank them by posting them a turd or 2 through the letterbox. 

next time your part exchanging stick the turd in the heater matrix

[PND]

Not the best outcome guys I know but just the hassle, strain and worry of £5k handing over my head for the Twingo just wasn't good. Still got some fuel costs back and a GTi for £7.5k I guess.

Everyone on here can probably look back at a deal they've done and with hindsight, think it could have turned out better.  If you've learnt something from the 'experience' then great, but I agree that there's no point dwelling on it and thinking "what if..." 

As you say, the main thing is that it's sorted and you can get on with Christmas, without the additional stress of 'unexpected' financial worries!   

Have a good one!