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Garage breaking contract
Comments
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Thanks for replying,
I have been to audi uk and they realise there is a problem with the customer service from this dealership-they have told them to resolve this,but they say that it ultimately is up to the dealer,
The figures on the agreement are all correct no errors, i spoke to the dealer the night before i signed the deal and they went through the deal twice with the sales manager and once with the salesman 30 mins after ,they now deny this saying they both told me the figures (the ones they now say).the sales manager has said that the salesman made an error on the agreement, on the 10 jan one day after i signed so he apparently knew there was " error" but didn,t think to contact me,i picked the car up 18 jan and the cheque (which i gave back) on the 20 jan,and no one from this audi dealership thought to contact me,problem is i bought another car with this money owed,its still at the garage but have insured it and paid a deposit for a car i haven,t got!! and i,ll probably lose the deposit .My opinion is that they have maybe put the car on their system at the wrong price but the car i bought is available at other garages for the price i was quoted. thanks again.
What a sorry tale, I have every sympathy for you. First of all, unless the other car has been registered in your name, you are unlikely to lose your deposit (well not all of it) on the other car. If it has, in England, you may actually be committed to buying it outright, or compensating the dealer for any losses (I am not sure what the laws are in Scotland about this). Secondly, I would have thought that they need to show proof that they told you of the mistakes and a new order would have needed to have been signed. Mistakes like this are not uncommon, especially with inexperienced sales people, but any dealer who doesn't get a replacement order signed, in my opinion, deserves all they get.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
When you showed the solicitor the signed order, what was his opinion?Sorry ,about the legal fees ,i have been told that in scotland there is a limit on fees claimed back, i was told the other day by trading standards that i can only claim £300 for my legal costs from them which if i use a solicitor could cost me £3000 -£4000 going to small claims ,my solicitor and trading standards have both told me this,A contract has been broken and by what i,ve been told will not get all the money owed to me because i will have to pay legal fees,i cannot understand this.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
LOL, Ignore my PM then.Thanks for the replys ,much appreciated,
I just want to say that there are no "bits" about this that i,m holding back etc ,it really is as i have written ,i sign a contract as do they,they say salesman makes an error on the agreement -for which i knew about(absolute garbage),salesman has been disciplined -which is not true as it was the sales manager who told me the deal twice the night before i signed.The dealership is Ayr audi by the way part of the lomond group who have 4 audi garages in scotland.
The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
Just a small additon,the guy from trading standards also spoke to the the sales manager after i had told lomond i was going to speak to them,and he told me that the sales manager contradicted himself a couple of times and he also told me that their argument against i.e that i knew the real price was laughable,his main theme being if they knew the deal was wrong why didn,t they contact me even though the sales manager knew it was wrong for 8 days before i picked the car up .A solicitors letter has been sent to lomond they had until 5 pm to pay all the monies then court action would ensue but due to the daft cap on claiming expenses back from them ,i will try other routes first as mentioned by replys on here particulary using SMTA -the scottish version of RMIF,
Thanks again0 -
Just a small additon,the guy from trading standards also spoke to the the sales manager after i had told lomond i was going to speak to them,and he told me that the sales manager contradicted himself a couple of times and he also told me that their argument against i.e that i knew the real price was laughable,his main theme being if they knew the deal was wrong why didn,t they contact me even though the sales manager knew it was wrong for 8 days before i picked the car up .A solicitors letter has been sent to lomond they had until 5 pm to pay all the monies then court action would ensue but due to the daft cap on claiming expenses back from them ,i will try other routes first as mentioned by replys on here particulary using SMTA -the scottish version of RMIF,
Thanks again
If the SMTA is anything like the RMIF, you can forget it, they have no powers whatsoever in matters such as this.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
He was surprised to say the least that they are behaving this way, its quite a big law firm in ayr ,he told me that a few of the lawyers in the firm have bought from them.When you showed the solicitor the signed order, what was his opinion?
He also said i have a very strong case and that it again is laughable what their argument against is0 -
In which case, it is worth representing yourself at the small claims court. I can't see a clerk or District Judge coming to a different conclusion. I would suspect that their lawyers will come to a similar conclusion.He was surprised to say the least that they are behaving this way, its quite a big law firm in ayr ,he told me that a few of the lawyers in the firm have bought from them.
He also said i have a very strong case and that it again is laughable what their argument against is
I would recommend sending a "letter before action." Stating your case, clearly and without emotion, laying out why you believe you have a valid case against them. Read a little bit about contract law, to add into the letter and ask them to pay you your money within seven/fourteen days, otherwise you will issue a summons in the small claims court. There are a few templates floating about the forums, I am sure one of the others will be able to point you in the right direction for that. I would suspect that they will comply. If they don't; issue the summons. The fee will only cost you sixty-five pounds, which can be added to the claim.The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0 -
In which case, it is worth representing yourself at the small claims court. I can't see a clerk or District Judge coming to a different conclusion. I would suspect that their lawyers will come to a similar conclusion.
I would recommend sending a "letter before action." Stating your case, clearly and without emotion, laying out why you believe you have a valid case against them. Read a little bit about contract law, to add into the letter and ask them to pay you your money within seven/fourteen days, otherwise you will issue a summons in the small claims court. There are a few templates floating about the forums, I am sure one of the others will be able to point you in the right direction for that. I would suspect that they will comply. If they don't; issue the summons. The fee will only cost you sixty-five pounds, which can be added to the claim.
Sheriffs court is for up to £3000, so I don't know if the op will be over that, hence the fees. I'm sure his solicitor would have advised on this though.0 -
As an aside, didn't you notice when you did the deal, that they were going to give you £3000 more than you would have expected? Or is the price now well below the trade in value?0
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From what the OP has already stated the car was sold at market value.As an aside, didn't you notice when you did the deal, that they were going to give you £3000 more than you would have expected? Or is the price now well below the trade in value?The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark0
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