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My Auntie bought a car!

Hodsoj

Registered User
Apr 11, 2010
4
N.E.Lincs
Hello, i wonder anyone can advise me? I am currently going through the process of getting my auntie a diagnosis. One of the problems that I have to sort out is re the purchase of a brand new car in Feb. The family had concerns at christmas 2014 that there were memory problems but she seemed fine when we made short visits. In Feb she was told by a friend she was a dangerous driver and she decided to sell her 2 year old car back to the garage. Unbeknown to us she came home with a brand new sportier model, plus a VERY large loan.
She was escorted home by police from a petrol station in March, which we think is the only time she went out in the car. It has done 37 miles. Found a letter in her belongings saying she needed a medical certificate saying she was fit to drive!
I have been told to get a letter from the doctor and we may be able to just hand the car back but we didn't have major concerns until a friend alerted us to take her to the doctor in August. I think we have to prove capacity when she made the purchase??Any advice gratefully received!
 

canary

Registered User
Feb 25, 2014
12,853
South coast
This is a horrendous situation and she should never have been persuaded to buy that car. I am thinking evil things about that salesman :mad::mad::mad:

If she has had a letter from DVLA saying that she needs a medical certificate to say that she is fit to drive and she never got one, then she wont have a valid driving license and if she doesnt have a valid driving license then her car insurance is invalid too :eek:

Im afraid that I dont know about the legal side of returning the car, but Im sure someone will.
 

Kevinl

Registered User
Aug 24, 2013
4,771
Salford
I'd speak to the garage and ask them what their position is? Given the possibility of bad publicity they may be open to negotiation, likewise the finance company, it may be in both their best interests to take back the car and cancel the finance. A court case and all the attendant publicity might not suit them. Just ask don't threaten and see if they "want to do the right thing" before you spread it all over the internet, facebook and the Daily Fail:) Might get a result.
K
 

Countryboy

Registered User
Mar 17, 2005
1,460
Cornwall
Hello, i wonder anyone can advise me? I am currently going through the process of getting my auntie a diagnosis.

I think maybe she should get the diagnoses first , if she unfortunately gets diagnosed that doesn't mean she must stop driving , hundreds carrying on driving after diagnoses for 20 / 30 years or until they pass away
 

Beate

Registered User
May 21, 2014
12,008
London
Tony, she's already been told she's a dangerous driver and the police escorted her home! Quite frankly, someone who has agreed to sell their car because of this but then gets persuaded to buy a car they don't need or can't afford has lost capacity in my eyes. You don't need a diagnosis to be asked to take a fit to drive test.
 
Last edited:

Suzanna1969

Registered User
Mar 28, 2015
346
Essex
Hodsoj I used to be a receptionist at a main dealer and I would recommend that you ring and make an appointment with the Dealer Principle (that's the official title of the overall manager) to discuss this.

This will be very hard to do as the receptionist will be under instruction not to put you through to him (99% are hims) and he will do everything to avoid speaking with you but you must stand firm. Threaten going to Head Office!

Do your homework in advance and get the Head Office details beforehand and the CEO's name so that you can namedrop if the meeting doesn't seem to be going your way. Also be prepared to go to the local press initially and make sure you say so!

Having worked in the industry I'm afraid I CAN believe this happened. Many salesmen are totally unscrupulous. With the car being bought back in February you might have a bit of a fight on your hands so you will need to focus on the mis-sale to a vulnerable person. If your Auntie did a test drive without a valid licence you should definitely mention that too as that will make the Dealership's insurance on that test drive null and void!

I would say the chances of the salesman still being there are slim, the turnover of staff in the industry is ridiculous and he is probably at another dealership now. Don't let the Dealer Principle use that as an excuse, they would still be strictly governed by not only the manufacturer's policies but also the franchise owners.

For example, a BMW dealership might be owned by Inchcape. They would have to follow procedures from BOTH companies. They get regular visits from Mystery Shoppers representing both companies to make sure they are doing things the right way and are heavily penalised if they don't make the grade!

With the current scandals hitting the headlines for emissions rigging they will not want to risk further bad publicity, especially if it's a reflection on their honesty and integrity which this is. If the car is made by one of the manufacturers in the spotlight at the moment you can add that to your armoury!

I'd also advise contacting these good people: http://www.tradingstandards.uk/advice/Specificproblemadvice.cfm

Good luck!
 
Last edited:

Countryboy

Registered User
Mar 17, 2005
1,460
Cornwall
Tony, she's already been told she's a dangerous driver and the police escorted her home! Quite frankly, someone who has agreed to sell their car because of this but then gets persuaded to buy a car they don't need or can't afford has lost capacity in my eyes. You don't need a diagnosis to be asked to take a fit to drive test.
Yes Beate your correct possibly hundreds of unfit or incapable drivers on our roads for sure and I agree they should be made to have some sort driving test , if this lady is in that category yes she should also be tested , however I was actually stating that having a diagnoses of dementia doesn’t make you incapable to drive or carry on living life to the full , I myself was diagnosed in 1999 and still drive 16 years later I was only giving the benefit of my experience of driving /dementia I actually joined T.P in March 2005 for this very reason and supported drivers with dementia then and still do now ,
 

Kevinl

Registered User
Aug 24, 2013
4,771
Salford
Yes Beate your correct possibly hundreds of unfit or incapable drivers on our roads for sure and I agree they should be made to have some sort driving test , if this lady is in that category yes she should also be tested , however I was actually stating that having a diagnoses of dementia doesn’t make you incapable to drive or carry on living life to the full , I myself was diagnosed in 1999 and still drive 16 years later I was only giving the benefit of my experience of driving /dementia I actually joined T.P in March 2005 for this very reason and supported drivers with dementia then and still do now ,
I agree with Tony but with the proviso that her driving has been called into question, hence the police escorting her home and the fact she went to get rid of her car and "she came home with a brand new sportier model, plus a VERY large loan."
It's not an issue of being able to drive she has made that decision "she decided to sell her 2 year old car back to the garage." it's a question of was this "abuse" signing her up for a new, faster car on a "a VERY large loan".
The lady concerned seems to have made the decision to stop driving then instead of getting rid comes back with a faster car and a load of debt, you might have the right to keep driving after diagnosis (no argument) but this sounds more like an issue of some over zealous sales person taking advantage.
K
 

Hodsoj

Registered User
Apr 11, 2010
4
N.E.Lincs
Thankyou

Thankyou for all the advice. The garage have told us we need to get a letter from a doctor with a diagnosis but I have been told what we really need is evidence of her 'capacity' at that time. We have taken the car away but she never drove it again anyway, 37 miles on the milometer from brand new. I think it is the finance company that we are going to have the most difficulty with. I am unsure how she passed a credit check as she lives in a rented flat and is on a tiny pension. She is paying £170 per month for the car.
 

sleepless

Registered User
Feb 19, 2010
3,223
The Sweet North
Thankyou for all the advice. The garage have told us we need to get a letter from a doctor with a diagnosis but I have been told what we really need is evidence of her 'capacity' at that time. We have taken the car away but she never drove it again anyway, 37 miles on the milometer from brand new. I think it is the finance company that we are going to have the most difficulty with. I am unsure how she passed a credit check as she lives in a rented flat and is on a tiny pension. She is paying £170 per month for the car.
Given your last two sentences above, I would think that the salesman who arranged the finance is the one responsible, and the finance company must be made aware of this.
People with dementia can be quite convincing sometimes as to what they can/can't do, but I would have thought anyone dispensing a large loan should be very much on the alert for deliberate deception anyway, which should have caught her out at some point in the application.
Best wishes for sorting all this out.
 

Countryboy

Registered User
Mar 17, 2005
1,460
Cornwall
Given your last two sentences above, I would think that the salesman who arranged the finance is the one responsible, and the finance company must be made aware of this.
People with dementia can be quite convincing sometimes as to what they can/can't do, but I would have thought anyone dispensing a large loan should be very much on the alert for deliberate deception anyway, which should have caught her out at some point in the application.
Best wishes for sorting all this out.
Sorry guys how on earth can you expect a Car Sales person to recognize that a person has dementia I have dementia myself and unless I tell someone I have dementia they wouldn’t guess in a million years , this Lady probably took the Car out on a test drive answered all correct questions and gave finance etc details correctly, please don’t think i'm being argumentive in any way, I’m just trying to say a person may have a diagnoses of dementia and still retain all their faculties
 

Hodsoj

Registered User
Apr 11, 2010
4
N.E.Lincs
Sorry guys how on earth can you expect a Car Sales person to recognize that a person has dementia I have dementia myself and unless I tell someone I have dementia they wouldn’t guess in a million years , this Lady probably took the Car out on a test drive answered all correct questions and gave finance etc details correctly, please don’t think i'm being argumentive in any way, I’m just trying to say a person may have a diagnoses of dementia and still retain all their faculties
This is what worries me. She may have come across as quite plausible, however i am not sure how accurate the information that she gave was? She would possibly have agreed to anything! I am unsure that she did go on a test drive, which raises questions, also she paid for over £1000 of extras including a car cleaning kit which she already had an identical one of unused from her old car. The professionals that have been involved are all very shocked at the stage she is at and wonder how her needs weren't identified sooner. We had carers in place the very next day after our first meeting with adult social care x
 

BR_ANA

Registered User
Jun 27, 2012
1,079
Brazil
Sorry guys how on earth can you expect a Car Sales person to recognize that a person has dementia I have dementia myself and unless I tell someone I have dementia they wouldn’t guess in a million years , this Lady probably took the Car out on a test drive answered all correct questions and gave finance etc details correctly, please don’t think i'm being argumentive in any way, I’m just trying to say a person may have a diagnoses of dementia and still retain all their faculties
That is sad, but is true. Sometimes is hard to recognise dementia.
 

sleepless

Registered User
Feb 19, 2010
3,223
The Sweet North
My point above was that on such a limited income, how did he think she would pay the loan?
Surely there are checks?
Having said that, I don't go down the credit/loan route ever, so maybe they don't check so diligently.
I would have thought they would be careful who they lend to nowadays, after the Credit Crunch fiasco.
If loan companies are as lax as this one must have been, perhaps we should expect another.
 

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