car fraud

ahusband

My query is with 'Evans Halshaw,' car company based in Newport. Their website www.evanshalshaw.co.uk featured a kia picanto for £2419, which was a good price so after speaking to the Leanne on the phone, I gave a £200 deposit using my credit card. The car was going to be transported from their other branch in Leeds. A problem arose when they said they were now refusing to transport the car and sell it to me for the advertised price. There had been an apparent error and the car was meant to be for sale for £3419. Now i dont know where i stand, i obviously have paid a deposit and want this car at the original agreed price. I have proof of the original internet price, which i printed from their website. (they have since changed the price.)
What are my rights and what can i say to them? This is not fair treatment.

Tozer

Firstly, it is not fraud so probably best to keep the emotive language out of it.

It sounds as though the contract had been concluded. On that basis, they cannot then increase the price.

makapo

ahusband wrote: »

My query is with 'Evans Halshaw,' car company based in Newport. Their website www.evanshalshaw.co.uk featured a kia picanto for £2419, which was a good price so after speaking to the Leanne on the phone, I gave a £200 deposit using my credit card. The car was going to be transported from their other branch in Leeds. A problem arose when they said they were now refusing to transport the car and sell it to me for the advertised price. There had been an apparent error and the car was meant to be for sale for £3419. Now i dont know where i stand, i obviously have paid a deposit and want this car at the original agreed price. I have proof of the original internet price, which i printed from their website. (they have since changed the price.)
What are my rights and what can i say to them? This is not fair treatment.

I agree, it's not fair treatment. It could be a genuine mistake, or it could be a deliberate bait-and-switch. They should sell the car to you at the agreed price.

ahusband

ok, but what can i actually do about it?

makapo

ahusband wrote: »

ok, but what can i actually do about it?

If you look at the Consumer Direct website and ring their helpline, they can advise you how to write to the dealers to insist on your rights. They have some templates on their website. www.consumerdirect.gov.uk

Anihilator

makapo wrote: »

I agree, it's not fair treatment. It could be a genuine mistake, or it could be a deliberate bait-and-switch. They should sell the car to you at the agreed price.

No they shouldnt as no contract was agreed

The OP is entitled to the deposit back and no more.

ahusband

and the outcome in a small claims court?

neilmcl

Anihilator wrote: »

No they shouldnt as no contract was agreed

Care to explain.

ahusband

a deposit is a binding contract, according to a solicitor i just spoke to.

Hintza

Anihilator wrote: »

No they shouldnt as no contract was agreed

Why has no contract been agreed? You might be correct and OP will need to check this out.

But in my view once a deposit is left (in most circumstances) then the contract has been agreed?

Anihilator

neilmcl wrote: »

Care to explain.

No valid contract to purchase that car at £2419 was agreed hence the OP cant enforce such a contract.

The OP contracted £200 for the car to be transported for inspection and the possibility of purchasing. as this isnt happening they are entitled to return of the deposit and no more.

The small claims court would return the deposit at the most if this isnt forthcoming.