Claiming at a car company? Get free advice!

Questioner

I bought a car in 2012, the dealer had a promotion running at the time and that was no interest for 5 years, so my brother and I bought 2 cars and we also made sure that a friend of ours bought one too. Purchase agreements signed, application forms for credit without interest sent. I started paying €201 per month while my brother paid €160, but I thought, okay, then I'll be done sooner, but now it turns out that I have been paying interest all these years and am still paying it. I have now discovered that the dealer filled in my purchase agreement incorrectly, so with interest... but the application for credit was submitted correctly... but the creditor now says... no, the agreement is valid... My question to you is... can I still get the overpaid money back because the dealer made a mistake and the lender did not push forward the application for interest-free forms but rather the agreement... I didn't check the transfer when I signed it because my brother's agreement was ready first and I was there and saw that everything went well. I hope it is clear and you have some advice for me in this problem..

Lawyer

If the purchase agreement is filled in incorrectly as a result of an error by the car company and it is attributable to it, then the car company is liable for the consequences thereof. The question is whether this is the case and what agreements were made. Furthermore, it is also the case that you could have checked the completed agreement and could still have intervened. You will therefore have to prove that the error is attributable to the car company. If you succeed, then you have a chance of repayment of the overpaid interest.

Questioner

My mistake is that I didn't check it, but there is also an application form that clearly states that it is an application for credit for which I don't have to pay interest for 5 years... my mistake is that I didn't check the agreement, their mistake is that they filled in the agreement with interest payments while they had advertisements everywhere for interest-free credit.

Lawyer

From your explanation it seems that the car company was negligent in filling out the application form, which can be attributed to them. The fact that you did not check everything is secondary to that. After all, a car company that also deals in credits may be expected to exercise some care. You can therefore hold the company liable for their mistake. If you still cannot figure it out, I can assist you in this.