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Can garages do this
Comments
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Why not go the whole way and petition the government to ban contracts altogether?
After all, it's really unfair expecting adults to sign a bit of paper agreeing to terms and actually expecting them to honour them.
If I book and pay for a flight or holiday, I should have the legal right to rip up my booking confirmation and get 100% of my payment back. Likewise, the airline or holiday company should have the right to inform me that when they made the booking their agent was looking at the wrong date on the computer and I must either pay an extra £400 or they will cancel and refund me.
And why when buying a house am I expected to suffer a financial penalty if I change my mind after contracts have been exchanged?
It's wasn't my fault that I didn't check my figures correctly and realise that the house was overpriced.
As far as the garage was concerned, the OP had signed a contract, and this clearly stated that if it was broken then there would be a penalty to be paid (loss of deposit).
Why should it be binding on the customer but not on the seller?Why?
What loss has the OP occurred?
Or is it just yet another case of "compo compo compo compo" ?
And what loss has the garage incurred?, yet the documentation they supplied stated that the OP would lose their deposit if they changed their mind.
noun
1. an agreement between two or more parties for the doing or not doing of something specified.
2. an agreement enforceable by law.
3. the written form of such an agreement.
4. the division of law dealing with contracts.
con·tract
n.
1.
a. An agreement between two or more parties, especially one that is written and enforceable by law. See Synonyms at bargain.
b. The writing or document containing such an agreement.
2. The branch of law dealing with formal agreements between part0 -
The dealer agreed to a sale within a given time frame, the car actually now belongs to the OP or rather it does if he can complete the deal, in other words he has a claim to it. If the dealer refuses to honor the agreemment and hand over the car within the given time frame, they are in breach and the buyer has a claim to compensation, what ever his costs are to date and going forward to look for a similar car, and if he does not get such a good deal namely £4000 on the part-ex he can claim in small claims court for his loss of value on the next deal.
It would have to be reasonable costs though, so the buyer would have to find another car fairly quickly and exchange contracts . buyer should not expect to be able to casually look for another 6 months whilst his current car depreciates in value and still claim the difference in the part exchange value.
Only my opinion IANAL
My advice, if you really want the 4x4, and I can't for the life of me work out why you would want it..... tell the dealer that you want them to honor the original deal, or you will be seeking compensation through the courts. Then if they refuse, take the deposit refund and say "see you in court" Then if you wish take them to court for any losses you incurred or will incur of you shortly buy another car, and lose say 800 on the part-ex value.
Or pay the difference under protest and buy the car -if they will let you- they would, if you tried that & they have any sense just give you your money back and say goodbye.
If you don't now want it, do as above but just go down there, take the refund and furrrgetaboutit0 -
Wasn't there a section in law about unfairness agreements, a contract cannot hold one side responsible. I'm sure i remember it been brought up around service agreements for mobile phones and ISPs. If the contract is you loose the deposit if you break the agreement, then the clause cannot be one way. In that if they decide to pull out there must be a penalty on their side too. The problem is, that if there isn't then it only makes the clause unenforceable, its doesn't mean if person a losses £400 if they break the agreement, then if the garage breaks it then they have to repay £400 back and £400 for breaking the agreement. Remember companies right agreements in their favor.
However an agreement must be in place not just a deposit. Look at deposits for rented accommodation. I've seen upto 3 people place deposits but only the one who signs paperwork with the landlord gets the flat, the deposit only takes it out the shop window.Although no trees were harmed during the creation of this post, a large number of electrons were greatly inconvenienced.
There are two ways of constructing a software design: One way is to make it so simple that there are obviously no deficiencies, and the other way is to make it so complicated that there are no obvious deficiencies0 -
Sorry but I still dont see that it is any different.
Of course it's different.
In the scenario where the customer wants to cancel then the dealer claims the deposit is non-refundable leaving the customer out of pocket as per the dealer's terms and conditions.
But in this case the dealer wants to cancel and simply tear up the contract leaving the customer out of pocket through wasted time, pointless visits to the dealer and then paying more than intended for a car at another dealer.
If the customer changes their mind, why can't they tear up the contract and receive a refund???
Keen photographer with sales in the UK and abroad.
Willing to offer advice on camera equipment and photography if i can!0 -
Of course it's different.
In the scenario where the customer wants to cancel then the dealer claims the deposit is non-refundable leaving the customer out of pocket as per the dealer's terms and conditions.
But in this case the dealer wants to cancel and simply tear up the contract leaving the customer out of pocket through wasted time, pointless visits to the dealer and then paying more than intended for a car at another dealer.
If the customer changes their mind, why can't they tear up the contract and receive a refund???
Now you really have lost me.
It now reads like you agree with me.
As others have said the OP has to keep his side of the contract or lose the deposit but the dealer can renage on the deal and walk away scot free.
That has to be wrong0 -
Now you really have lost me.
It now reads like you agree with me.
As others have said the OP has to keep his side of the contract or lose the deposit but the dealer can renage on the deal and walk away scot free.
That has to be wrong
Maybe I worded it poorly.
In my opinion, the dealer has to honour the deal. The dealer should give the OP the deal that was agreed, even if it does cost him money.
Returning the deposit and walking away is reneging on the contract that was agreed and that's wrong.
Keen photographer with sales in the UK and abroad.
Willing to offer advice on camera equipment and photography if i can!0 -
A business???
ok....what's the name of my "business"?
where is it based?
how do you access it?
what do I sell?
is it camera gear or prints or frames or do i take photos for people?
It's there as a bit of back up to any advice I give in the photography forum that I have a bit of clue of what I'm talking about.
If you feel it's against the spirit then feel free to report it....you're the first person that's ever mentioned it....in all the time I've been here.
Ignore him mate, little flyboy is a bit of a troll and happens to be a clamper (yes one of those low lifes who think parking on his land is worth hundreds of £s for 5 minutes).====0 -
Urban, 31.4 mpg. Extra Urban, 45.6 mpg. Combined, 39.2 mpg - those are the official stats for that year of XTrail.
Its a pain in the butt, but I think you have to negotiate or go and buy another car. Or stump up the £400, it may be 3 weeks of state pension but I would imagine it is easily within reach of your private pension
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I'm with darich on this. There has been no attempt to deceive the garage. If the garage has cocked up and no longer wishes to do the deal on the terms they agreed, they should compensate the OP in some manner in addition to returning the deposit. Opinion only.
Compensate him by how much? If the deposit is returned, how much will the OP have lost?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 -
No, and please try to stay calm.
The garage has signed up to a deal in full possession of all of the relevant information. If they wish to break that deal, and simply return the deposit, they are putting the OP at a disadvantage. For a start, there is the cost of his visit(s) to the garage, the time he spent negotiating, all of which will have to be repeated elsewhere.
Seeing as the OP is retired, how much has his time cost him? The OP was passing the dealership at the time, so he didn't spend anything getting there.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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