Mercedes sold my car to someone else

Equaliser123

KevinCJ wrote: »

How dealers, franchise or the internal dealing work of an organisation have nothing to do with the customer. I can give you an example you walk into Tesco (any store) break a leg, send a letter to Tesco they come back and say, No we have nothing to do with Tesco in Park Lane London, We share no liability as they are a different entity. When you call Mercedes Benz Kidlington, they answer “Mercedes Benz Kidlingon”.

As for litigation is concerned first party to approach is InchCape and make Mercedes Benz as an interested party.

:rotfl:

Tesco own their stores. MB doesn't own Inchcape.

What is an "interested party" in terms of litigation?

You make very little sense I'm afraid.

KevinCJ

DCFC79 wrote: »

re the tesco example, doesn't tesco HO have a responsibility to ensure the stores dont do anything that causes a customer to break a leg

Yes, correct hence MB is interested party.

:rotfl:

KevinCJ

Equaliser123 wrote: »

Tesco own their stores. MB doesn't own Inchcape.

What is an "interested party" in terms of litigation?

You make very little sense I'm afraid.

How is the customer to know who owns what? When you purchase from Tesco do you always go and ask the manager which company owns you? You automatically assume they are same entity as they share same branding.

:rotfl:

MyKeey

Kevin,

I feel for you - companies will chuck all sorts of legalities if the shoe was on the other foot. And some of the people on here should be ashamed.

Just to let you know this same thing happened to a friend of mine, but he just happened to have a mate on the inside who knew what really happened... He is a bleedin good salesperson himself and haggled damn hard on a car he wanted (Porsche, not Merc, and not a Main Dealer, but a well known one). Deposit down, going through MOT and checks etc. Pick up after the weekend. Although, after the weekend when he called he found out it was 'accidentally sold' 'genuine mistake guv' 'one salesman sold to you and another sold to someone else' 'miscommunication' etc etc

What really happened was that the big boss didn't like the small profit they were getting on the hard haggle he'd done. Someone else came in at the weekend who liked it, they said someone was already in negotiations and this guy paid up full-price. What were they going to do? Say NO! nope. Just say it's all a big mistake - very sorry, give deposit back etc. Big boss is happy.

Not saying that this happened in your case - just don't be a mug - car salesman have to sell and make as much profit as poss - they've got kiddies to feed to. Just food for thought.

fthl

How is the customer to know who owns what? When you purchase from Tesco do you always go and ask the manager which company owns you?

Generally you look at the legal entity you have actually paid the money to, that is who your contract is with and that is who you need to sue. By all means sue MB if you like, but the advice here is that they are not liable, the dealership is. It is your money and your time, sue who want to and how you want to.

As with other posters above, I'm not sure what an 'interested' party is in legal terms. I've heard of mackenzie friends, part 20 defendants and the like, and in some cases where the person funding an action can be held liable for the costs.

An 'interested party' and how you would join them to a successful claim is new to me. Even if you were arguing misrep on the grounds that the dealership held itself out to be MB and it is nothing to do with them, then the claim still rests with the dealership.

You automatically assume they are same entity as they share same branding.

Like Virgin? Like Mcdonalds? KFC? Personally, this type of an assumption is very risky.

gordikin

Going back to the thread title, ie :-

Mercedes sold my car to someone else

If the car had already been sold to the 'someone else' before the OP, surely it was never the OP's car?

Idiophreak

gordikin wrote: »

If the car had already been sold to the 'someone else' before the OP, surely it was never the OP's car?

The OP had a contract saying they were selling the car to him. To all intents and purposes, that makes it "his"...

MyKeey

Yeah and looking at it from another viewpoint...

...we dont really own anything other than ourselves

gordikin

Idiophreak wrote: »

The OP had a contract saying they were selling the car to him. To all intents and purposes, that makes it "his"...

A contract from a party that no longer owns the car...I don't think so! The dealer cannot sell a car they don't own!...so no it's not 'his'!

MyKeey

gordikin wrote: »

A contract from a party that no longer owns the car...I don't think so! The dealer cannot sell a car they don't own!...so no it's not 'his'!

If I went to a car dealer and put a deposit down on a car to pick up in a few days I'D CERTAINLY REFER TO IT AS MY CAR FROM THEN ON!