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Can garages do this

I bought a Citroen Picaso which i hate have been driving it for 3 weeks now and can not get on with it.My 3 previous cars before that were 4x4s ,which i have had for last 10 years,hence the problem getting used to this one.
While driving past a local garage yesterday i noticed a Nissan xtrail sitting in the used car lot ,out of curiosity called in to have a look.
Was offered a price of £4000 on my Picaso against £7495 on the Nissan,after discusing with my wife decided to accept the offer,payed a £200 deposite was given a reciept ,shook hands and left with the dealer saying he would call when car was ready to be picked up.This morning had a call from the managing directore(who was not present yesterday) saying the salesman had looked at the wrong Picaso in his book and offered me to much,saying he wanted an extra £400 from me or i could come in and get my deposit back and he would cancell the deal.
I dont want to cancell but being a pensioner dont realy want to pay an extra £400 ,how am i situated leagaly.
Would be gratefull of any advice thanks Bill
«13456716

Comments

  • Tilt
    Tilt Posts: 3,599 Forumite
    Did you complete an official 'used car order' document which gives the P/X allowance on it?
    PLEASE NOTE
    My advice should be used as guidance only. You should always obtain face to face professional advice before taking any action.
  • Empty_pockets
    Empty_pockets Posts: 1,068 Forumite
    Seems fair enough.

    If you don't like the deal, walk away with your deposit intact.

    If you're really keen, negotiate.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you don't like the deal, walk away with your deposit intact.

    But they did like the deal offered, which is why they paid a deposit.
    What do you think the garage would do if a customer paid a deposit then suddenly changed their mind?
    If the OP has signed a contract then it should be legally binding, otherwise what's the point of having written contracts at all?
  • paulofessex
    paulofessex Posts: 1,728 Forumite
    OP have you Googled the name of the garage in question, just in case there has been other similar cases with them.
  • lucylucky
    lucylucky Posts: 4,908 Forumite
    But they did like the deal offered, which is why they paid a deposit.
    What do you think the garage would do if a customer paid a deposit then suddenly changed their mind?
    If the OP has signed a contract then it should be legally binding, otherwise what's the point of having written contracts at all?

    Sadly the deal offered is no longer on the table.

    If the OP has paperwork then he can try and hold them to that, if not then tough.

    Personally I think the garage are trying to pull a fast one, and the OP should walk away if they don't give them the original deal.

    I suspect if the OP threatens to walk the Manager will suddenly say "well we can let you have it for only an extra £200"

    In which case I would tell them to shove it.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Obviously a mistake has been made, you were notified within reasonable time and they have given you options. If you walk away from the deal, all you have lost is a little bit of time.

    Mistakes happen, the sales executive was either not authorised to give part-exchange valuations, or has genuinely mistaken your model of Picasso for another (which could perhaps be the reason why he wouldn't have been authorised to value part-exchanges). Or the is a reason why the sales executive assumed the model was what the though it was, but upon checking, he discovered it to be something else. What did you tell him it was and what was it really?

    This is nothing more than an opportunity to negotiate, I would suggest that you ask the dealer to split the difference and offer two hundred pounds.
    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 mark
  • Norman_Castle
    Norman_Castle Posts: 11,871 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I dont want to cancell but being a pensioner dont realy want to pay an extra £400

    Are you pleading pensioner poverty while spending £7000+ on a thirsty 4x4 ?
  • darich
    darich Posts: 2,145 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I don't see why the OP should have to renegotiate.
    The deal was negotiated and agreed. A deposit paid and a contract formed. The contract was formed by the paying of the deposit.
    Assuming the OP has a receipt which states the amount due, and the details of both cars, I'd imagine the dealer is in a poor position.
    As Shaun has stated - what's the point in any contract if after forming it, one party can say it's wrong and get it renegoatiated to suit??

    If it were me (and I realise the OP is a pensioner) I'd be standing my ground. I'd pay a visit to CAB or trading standards just to confirm the position but I'd have thought the dealer has to honour the deal agreed since it was signed and a deposit taken.
    Any change prior to the deposit is understandable and allowed but after the deposit, then it's a contract that should be honoured.

    Keen photographer with sales in the UK and abroad.
    Willing to offer advice on camera equipment and photography if i can!
  • darich
    darich Posts: 2,145 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Are you pleading pensioner poverty while spending £7000+ on a thirsty 4x4 ?


    The OP doesn't state which model and you do know that a 2007 Nissan Xtrail 2.0dCi 5door Trek gets almost 40mpg, don't you?

    Keen photographer with sales in the UK and abroad.
    Willing to offer advice on camera equipment and photography if i can!
  • BILLNORFOLK
    BILLNORFOLK Posts: 47 Forumite
    Tilt wrote: »
    Did you complete an official 'used car order' document which gives the P/X allowance on it?

    Didnt realise there was such a thing ,got a reciept telling me what ihad left to pay and how much i had been allowed on Picaso which myself and the dealer signed
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