Can garages do this

Flyboy152

Ihatecameron wrote: »

You can equally say the same thing about the dealers but they will keep your deposit if you opt out, time is money, also the OP may have missed out on a better deal.

Sorry Ihatecameron, but all the dealer is allowed to keep is any losses they have incurred. If they have, for example, fitted any accessories to the car, carried out any work that would not have normally been done or suffered any losses incurred in re-advertising, they may be entitled to keep the cost of doing that. It would be impossible to establish if the OP has missed out on a better deal. Just as much as the dealer would not be entitled to keep any money, based on the assumption that someone else might have bought the car. They may be able to retain any provable drops in value though.

Flyboy152

Ihatecameron wrote: »

I am sure the OP would have continued looking if some time wasters had not wasted his time to begin with.

It was the same day. I don't think the OP has lost that much time, other than moaning about it on internet forums.

Flyboy152

photome wrote: »

Why are most people on the side of the dealer..(well other dealers are).

If it were the other way round and the OP had gone back and said I though the X trail was a different model to the one you are selling me, so I want my deposit back. What would the dealer say.

The OP didnt make the mistake he was upfront and IMo the dealer should honour it.

Who is the dealer?

Unless he has incurred costs, the dealer would (or at least should) say, "here's your deposit back."

Flyboy152

Wig wrote: »

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 furrrgetaboutit

Do yo know what an honest mistake is?

Flyboy152

DarkConvict wrote: »

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.

The only thing either side would be entitled is to have their losses compensated. The OP hasn't lost anything, neither has the dealer.

Flyboy152

darich wrote: »

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???

The OP was passing the dealership and decided to pop in. He has not made a special journey to get there. As the OP has taken great pisn to remind us, he is retired, so has no loss of earnings.

Flyboy152

d123 wrote: »

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).

Geez, what flipping planet are you on?

pwllbwdr

One in which people can manage to multiquote?

I note you are implying that a retired person's time is worthless. I don't agree with you.

George_Michael

One in which people can manage to multiquote?

But posting 9 times in a row helps with the overall post count!

keith1950

Hi, I have had 2 2.2dci xtrails, they are great cars but as far as fuel consumption you will be lucky to get more than 35/36 mpg on a long motorway type run at 68 mph and 30/32 mpg around town. There is no way you will ever reach 40 mpg. !!