Advice pls: car dealer asking for more money after purchase

Angelraesunshine

why is it that you ask for some advice and then people think they have the right to judge you and accuse you.

i have given all the facts and asked for honest information and relevent opinions

thank you to the people who have done that as for the others why bother you do not know me and i am glad i dont know you.

scubaangel

I don't think anyone has been judging or accusing, simply trying to make sense of a confusing situation. But I do think it would be better clarified if you answered Neil's questions on the previous page.

As I understand it you were offered a deal on a car comprising x amount cash/finance with y amount (£1600) as px of your previous car.

You paid the x amount in a combination of cc and cash - as agreed.
But the y amount which was £1600 has not been paid due to the sale of your car privately.

If the invoice is for the total amount originally agreed (x+y) then you should pay the full amount on the invoice, as currently the y amount is outstanding - and this should be paid as you do legally owe it.

If however the invoice does not show the full amount and only shows the lower amount you are only expected to pay the x amount - so the amount the dealer claim is outstanding is not actually owed.

pendulum

If it did go to court I think it would go something like this:

Judge: This sales document shows you are paying £8400 cash and part-exchanging your current vehicle in order to get a new one.
You: That's right.
Judge: You did receive your new vehicle?
You: Yes
Judge: You paid £8400 cash?
You: Yes
Judge: And they have the vehicle you agreed to part exchange?
You: Erm, no.
Judge: What happened to the vehicle you agreed to part exchange?
You: I, erm, sold it privately to someone else.
Judge: Why did you sell it elsewhere when you had a contract to sell it to them as part of the deal?
You: I decided I could get more money for it elsewhere.

I can't see it going good for you. It's down in black and white that you had to pay £8400 plus your current car in PX. But you sold your current car instead of part-exing it like you agreed.

Even though you told them about it, and they may have said "Ok", that means nothing - they didn't say "Ok, well never mind, forget about the car, just pay the cash part" did they?

The contract is not complete until you complete your part of it, which is to supply the part-ex. If you cannot do this then it should be easy enough to reach a solution acceptable to both parties e.g. you pay an extra sum of money.

A lot of people on this thread seem to think that because you have the car then that means the sale is final. Not so when you have a peice of paper as a contract which states the OP must pay cash + a part-ex for their new vehicle and they have only paid the cash part so far.

Angelraesunshine

back in August when we 1st agreed to buy the car and paid our deposit, the sale weas not reliant on the part exchange of £1600 on the new vechicle worth £24000. There was no problem with us selling our car privately on either side.

I have spoken again to the sales guy this morning and he admits that he was meant to take the larger amount from our credit card at the time but he forgot to re adjust the invoice and took off the wrong amount the old amount.

Now again he realises that it was his fault the wrong amount to taken off the card and this has now caused us great problems at this stage ( i think his bosses by the sounds of things have had a go at him ) So we have asked for everything to be put in writing so not to have any more complications and that we would look at our finances this weekend and speak to them again on monday.

Hopefully then on Monday we will be able to come up with some sort of mutual agreement to pay off the £1600 still owing but it will need to be on ours terms as i dont just have another £1600 i can hand over and our remortgage is going through as we speak so until that is sorted i do not know what sort of money i have to pay out, so they may have to have it over a few months.

pendulum

Paying over a few months is reasonable.

Angelraesunshine

well i have just got off the phone to trading standards, the out come is the law if 50/50 ( how silly) they say we are in the right and should not have to pay more but at the same time the dealer is in the right and though they made a mistake we still to pay the px amount like we thought we had on the day.

further to that they say we are within our rights to offer to pay it back over a few months which is good, but the gargage may ask for it in lump sum or ask for the car back and give me a refund.

Anihilator

Angelraesunshine wrote: »

well i have just got off the phone to trading standards, the out come is the law if 50/50 ( how silly) they say we are in the right and should not have to pay more but at the same time the dealer is in the right and though they made a mistake we still to pay the px amount like we thought we had on the day.

further to that they say we are within our rights to offer to pay it back over a few months which is good, but the gargage may ask for it in lump sum or ask for the car back and give me a refund.

Utter !!!!

Lets ignore the fact only a complete moron would not notice they had underpaid £1600 hence the behaviour is verging on fraudulent.

You agreed a price for a car. You complicated the deal not them. Then due to an admin error you robbed them of £1600. You owe them the money both morally and legally and they are entitled to call that in. Any deal on when it is paid is at their discretion although it will be easier for them to enforce if they are flexible.

Hintza

If a dealer offers as in this case £1,600 for px surely it could be argued that he expects px to sell for (say) £2,000. And thus not only have they lost the £1,600 as it stands but potentially another £400 on top? And that they could ask to be comensated for that too?

Just a thought.

OP yes it looks as if dealer has a made a mistake and I'm slightly surprised they haven't said look

"We have erred here let's settle in £1,400 cash and call it quits"

Are you playing hard ball with them?

mountainofdebt

whilst I appreciate you got more money for your old car by selling it privately why did you spend all of the proceeds surely knowing that at least £1600 of it would need to be given to the garage?

I also agree that the garage should have asked where the keys / log book were for the old car.

Personally I think you do owe them the money, both morally and legally, but given that mistakes were made on both sides an agreement to pay off this money may be the best alternative to all sides.

neilmcl

The only mistake they seem to have made is forgetting to adjust the invoice to take into account that there is no longer a part-ex involved in the deal thanks to the OP changing the terms of the original agreement. The fact remains the OP owes them money, which he clearly thought he could get away with but now he's been found out.