car fraud

pinkshoes

Everyone is COMPLETELY missing the point here!!

It's a KIA Picanto - an awful car!! Why on earth would you want to drive a tin can on wheels?!?

I've had a few as hire cars in the past, they feel unsafe to drive, have clunky gears, are SO slow (don't bother driving up a hill in it!), the boot space is teeny tiny.

Anihilator

Tozer wrote: »

But it wasn't "temporarily". It was to secure the purchase as any other deposit would.

To my mind the terms are certain. OP agreed to purchase the car for the stated amount. They cannot unilaterally change the terms post-contract.

This is you assuming a lot.

the facts the OP has posted make it very hard to decide. Yes a contract may be formed, equally it may not. I tend to think it won't have been and that the contract won't have been complete enough to be binding.

I think the OP to get a better answer really needs to give full details of all correspondence and discussions in detail to answer this.

Furthermore even if a contract has been formed and breached and Evans Halshaw refuse to honour it what exactly do you think the OP can do about this bearing in mind any claim for losses would need to be quantified.

neilmcl

Deposits like this in the second hand car market are made, not to secure the purchase but merely to put a hold on the car so the buyer can inspect the vehicle and to finalise any sale. Upto this point the OP hasn't agreed anything, other than come out and view the car with the possible intention of buying it, he would have been completely within his righs to back out at any time. There is definitely no contract in force at this time.

hartcjhart

what the F is the OP doing on here asking for advice and not liking the answers that dont agree with him if, he has already spoken to his solicitor

take em to court get your deposit back and then pay your brief

m_13

Had you had any paperwork through from Evans Halshaw?

After we paid our deposit over the 'phone a 'Used Car Order Form' was generated and sent to us in the post. It showed the agreed price, the deposit we had paid and the balance due.

It is that price that they honoured even though several other vehicles listed at the same time of similar spec had higher prices.

It may be that your 'Used Car Order Form' is in the post?

Tozer

Anihilator wrote: »

This is you assuming a lot.

the facts the OP has posted make it very hard to decide. Yes a contract may be formed, equally it may not. I tend to think it won't have been and that the contract won't have been complete enough to be binding.

I think the OP to get a better answer really needs to give full details of all correspondence and discussions in detail to answer this.

Furthermore even if a contract has been formed and breached and Evans Halshaw refuse to honour it what exactly do you think the OP can do about this bearing in mind any claim for losses would need to be quantified.

If Evans Halshaw refuse to honour the contract, then OP will be entitled to claim for damages. This will be to put her in the position she would have been in had the contract been performed together with any damages that flow from the breach and which are in the contemplation of the parties (e.g. as a result of being without a car if EH knew or ought reasonably to have been aware of this).

So, if there is an identical car for sale at a greater price, then OP is entitled to the difference in value.

emmell

What if Evans Halshaw decide to honour the agreement and deliver the car and it turns out to be a shed, or ex driving school or ex courtesy car (loads of them about) what will the op do then?
ML.

Tozer

neilmcl wrote: »

Deposits like this in the second hand car market are made, not to secure the purchase but merely to put a hold on the car so the buyer can inspect the vehicle and to finalise any sale. Upto this point the OP hasn't agreed anything, other than come out and view the car with the possible intention of buying it, he would have been completely within his righs to back out at any time. There is definitely no contract in force at this time.

Disagree.

You are correct that the purchaser has the right to withdraw from the sale if there is something about the vehicle which gives cause to.

Even if you are correct, then the OP having paid the money would have been granted an option to purchase the car. That option has now been frustrated so the remedy is, in effect, the same.

Lip_Stick

Anihilator wrote: »

Tbh from all dealings with similar before they normally state £200 to secure the car (i.e it wont be sold to anyone else) and it will be transported for final arrangements. The contract isnt actually made until all parties have inspected the vehicle and such.

sniped

But, they are planning to sell the car to someone else if the OP doesn't offer the higher price. So what's the point in the deposit then? It's not securing the car at all if what you say is true.

Anihilator

The deposit presumably occurred before the price increase.

I.e that Evans Halshaw branch gets the car transferred in and removes it from sale. Before they do this they want some security that the deal will proceed.