Advice pls: car dealer asking for more money after purchase

ged1980

gordikin wrote: »

...
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....sorry mate, that doesn't make much more/any sense?

sorry lol


Im saying if dealer though PX was still on they would have wanted OP to hand there car in on day they too purchase of new car

Now as they never does it mean OP is in the wrong or the dealer

gnaril

Ok for arguements sake.

New Car costs 10, 000
Deal is pay us £8400 cash and your car as part exchange.(£1600)

OP sold car that was to be used as P/x . Woot Woot has made some cash, again for arguements sake sold car for £1600

So come the day your picking car up has to pay £10,000 cause I have already made £1600 for my car as I just sold it myself......

Pay £8400.
Oh wait car was meant to cost £10,000 in total. whats going on. I know Sweeet I have got the car for £8400.

Thats my take, either that or im so far off its untrue.
Bottom line error has been made unfortunatly not in your favour.
Question for you, what happened that you now cant afford to pay the company the cost agreed with them, you have sold the car for more cash than they offered.....

gordikin

ged1980 wrote: »

sorry lol


Im saying if dealer though PX was still on they would have wanted OP to hand there car in on day they too purchase of new car

Now as they never does it mean OP is in the wrong or the dealer

...sorry still not making much sense...it's probably me...it's Friday and I'm Merry! OP done the deal with their car in PX. Then because they have found that they made more by selling it privately they've come unstuck is how I read it!

maninthestreet

Legally, you may not owe them a penny - contract law is on your side. Morally, you owe them the agreed amount for the PX.

ged1980

gordikin wrote: »

...sorry still not making much sense...it's probably me...it's Friday and I'm Merry! OP done the deal with their car in PX. Then because they have found that they made more by selling it privately they've come unstuck is how I read it!

ye is friday

what im trying to say is why didn't dealer ask where the PX car was when OP signed for new car?


I know OP didn't notice but looks like dealer never noticed also so who is in wrong ?

Smiley_Mum

Came across this and there is a mistake in the contract with each party believing something different, one believes the part exchange was included and the other not. Having said that, would it have been reasonable to expect to get the new car for the price they paid for it, without the part exchange, did it seem like a bit of a bargain. Surely if a price had been agreed when the part exchange was mentioned, it would have been reasonable for the seller to expect the price to go up if they weren't going to trade their car in at the dealers??!!

http://en.wikipedia.org/wiki/Mistake_in_English_law

There are three parts to a contract and one part of it is screwed up so the contract is void, unless they pay up, as contract was made on the assumption that the part exchange went ahead.

http://en.wikipedia.org/wiki/Agreement_in_English_law

I'm no expert but if paperwork was signed and the contract was made on the basis that the car was traded in then the OP has to pay up, if they don't then they are in breach of contract and will either have to pay up or return the car as the contract is void.

Angelraesunshine

sorry this is getting a bit confusing but thank you for your replies so far

i guess we just thought that it had been put on the HP as they had not taken it off the credit card (hp the 1st payment for that is not due to next month). i am not denying that if they have got it wrong then i am still going to owe them £1600 and if that is the case i am not trying to get out of it. but it was their error not mine and at the time we had enough money to put this on the CC and have it at 0% but now this is not the case and i do not have and extra £1600.

this is my point we did not realise that the px was still on it even though we had informed them previously and on the day of transaction.

The guy that the garage are blaming for whatever reason has not changed the invoice to take off the px car and only took the cash and the charged the cc the wrong amount.

we did agree the original price and at the time i had that money but now 3 weeks later i am not able to get that money.

so now i do not know how i stand. I left the showroom with with my new car believing the deal had been done and was finalised and sorted and i drove my new car home.

Now end of month they have realised that the guy has made a mistake and they do not have enough money.

i now do not have the £1600 (my px car only sold for a few hundred more but in this climate makes a difference but i just used it to pay my car insurance in full)

Do i have to pay this back and straight away something which is not possible right now ?
am i going to lose my car? something i am more worried about
if i got to pay it back can i do it on my terms (not that i know what that would be yet but not in a lump sum or more finance)

Are they in the wrong and is there something i can do about it?

hope that makes a bit more sense

Angelraesunshine

I think it got confusing as they have a strange system ( at least to me) when you buy a car.

we saw 2 different sales people one does the finance and the other does the rest. and we got passed from the 2 guys several times before we left. also did not help that 1/2 way through the my DH had to go home to get his paper driving licence as they had asked from mine and not his when they needed his again because the 2 sales people had not liased together


i had the 3 kids with me too that day, all very excited not that that is an excuse but maybe you can see where i am coming from.


They had all the information but stuffed it up for us
we bought the car on finance, and with cash and paid on the cc so 3 different paymeny types with 2 diffent salesmen

neilmcl

Some simple questions:

What was the original total price of the car?

How much have you paid the dealer in cash?

How much is on HP?

Hintza

As far as i see it you have not paid the agreed price for the car, mainly because you moved the goalposts by selliny the PX (that in it's self will be a breach of contract). All this messing around left all involved confused and you ended up not paying for vthe car in full.

Did you realise this? Hmmmm....

Anyway the garage has quite rightly come looking for the balance. So you had better start trying to figure out how you are going to pay for it.