Car fraud

emmell

Harveybobbles:- You can't reason with !!!!!! (sorry meant tozer), this is on the consumer guide thread also and he (or she) is so adamant they know the law inside out and back to front. I agree with you, human error on the part of the dealer and all they have taken is a deposit the op hasn't even seen the car as it is in another part of the country so they are willing to buy a car unseen just because someone has made a pricing error and they think they've got a bargain (if you could ever call a Kia picanto a bargain).
ML.

harveybobbles

emmell wrote: »

(if you could ever call a Kia picanto a bargain).
ML.

:rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl::rotfl:

I could call them many thinmgs, but the bleep machine on here wont let me lol. Apart from !!!!!! and !!!!!! lol

Tozer

emmell wrote: »

Harveybobbles:- You can't reason with !!!!!! (sorry meant tozer), this is on the consumer guide thread also and he (or she) is so adamant they know the law inside out and back to front. I agree with you, human error on the part of the dealer and all they have taken is a deposit the op hasn't even seen the car as it is in another part of the country so they are willing to buy a car unseen just because someone has made a pricing error and they think they've got a bargain (if you could ever call a Kia picanto a bargain).
ML.

What a childish and stupid comment.

I do know a bit about the law. I've been practising it for nearly two decades.

I'm still waiting for you to point out the terms and conditions which you say deal with the issue.

emmell

Just a sample of text from terms & conditions:- we give no warranty or undertaking as to the quality or freedom from error of the contents of this website. EH shall not be liable for any claims or losses of any nature arising indirectly or directly from use of the data or material on this site. Prices and vehicle details including mileage may differ from that shown.
Of course this is just a small sample from their terms and conditions which I suppose were expertly researched and written by their own in house legal team.
The Op has gone a little bit quiet.
ML.

Tozer

emmell wrote: »

Just a sample of text from terms & conditions:- we give no warranty or undertaking as to the quality or freedom from error of the contents of this website. EH shall not be liable for any claims or losses of any nature arising indirectly or directly from use of the data or material on this site. Prices and vehicle details including mileage may differ from that shown.
Of course this is just a small sample from their terms and conditions which I suppose were expertly researched and written by their own in house legal team.
The Op has gone a little bit quiet.
ML.

Those are the terms for use of the website!!!!!:rotfl::rotfl::rotfl:

They are not terms of sale.

Tozer

harveybobbles wrote: »

I didnt say it was an online purchase. What I was meaning was: If a car is advertised on the t'internet at £3.99, the garage doesnt have to sell it you for £3.99 if it was meant to be £3999. The internet and advertising is a very grey area.

Yes but it is not a case of the garage not selling it - they did. They are now trying to increase the price.

Premier_2

Tozer wrote: »

Not sure I understand the first sentence.

...

If a small claim is not defended, the claimant can ask for judgement by default which the court will award.

I would have thought you would know that.

Tozer wrote:

...I do know a bit about the law. I've been practising it for nearly two decades...

emmell

Tozer wrote: »

Yes but it is not a case of the garage not selling it - they did. They are now trying to increase the price.

I thought they had only taken a deposit for the car to be taken to another garage in a different part of the country for the buyer to inspect before sale is agreed.
I have ordered something that was listed in the grabbit board, a bed that was obviously under priced, some people on here paid deposits some paid in full but the company cancelled all transactions once the mistake was known. So should all the people on here including myself have pursued this through small claims or were we right to accept it was a mistake but worth a try.
ML.

Tozer

Premier wrote: »

If a small claim is not defended, the claimant can ask for judgement by default which the court will award.

I would have thought you would know that.

Oh, I do. Its called a judgment by default (pursuant to Part 12 Civil Procedure Rules).

Never a good thing to happen - it means you have missed a deadline for acknowledging service of claim or filing a defence. Instant professional negligence for a lawyer in private practice to allow it to happen. So no, I've never had it happen to me.

The way it is usually done by decent outfits is to acknowledge service (getting an extra 14 days grace) and use the time to compromise the matter.

Or not let a claim be issued in the first place.

Tozer

emmell wrote: »

I thought they had only taken a deposit for the car to be taken to another garage in a different part of the country for the buyer to inspect before sale is agreed.
I have ordered something that was listed in the grabbit board, a bed that was obviously under priced, some people on here paid deposits some paid in full but the company cancelled all transactions once the mistake was known. So should all the people on here including myself have pursued this through small claims or were we right to accept it was a mistake but worth a try.
ML.

Thank you for responding in a polite manner.

No, they had paid the deposit as down payment of purchase.

Mistake in law is a really complicated areas - with very limited opportunity to claim it. Generally, it is not possible for a seller to withdraw from a contract due to mistake as to price. This assumes a contract has actually been made. Once a contract has been made, neither party can change the terms (including price) without the consent of the other.

As for your case, I would have advised pursuing it.