cancellation of used car

alice5118

Hi
could anyone please given me some advice, I paid a deposit on a used car at an independent garage last saturday i signed an agreement and and paid a small deposit when i signed the salesman wrote subject to test drive on the reciept. When i got home i looked at the car on their website and noticed it was £200 less that the forecourt price i had been given a discount of £100 and had services and valet thown in also.
My partner and I decided to ring and cancel the car the next morning as we felt we had been misled with the price i was told when i rang that the lower price was a trade in price although i was not told that or it is not stated on their website. There have been numerous telephone calls from various people at the garage all who state different reasons for this not being disclosed the owner states he didnt know it was a different price as his partners wife oversees the website.
Anyway i sent an email on Tuesday to state in writing that i did not wish to purchase the car and was willing to lose my deposit as stated on the order form and I have now recieved a text stating that I am being take to the county court to recover the cost of the car.
The order form states that this is a formal contract between the buyer and ther seller and is legally binding, i would welcome any advice and as i never test drove the car does his addition 'subject to test drive' comment have any impact on this.
with thanks
alice

hartcjhart

I dont think you have a chance

'subject to test drive' will not help your situation because all the garage have to do is state that hte car is available for one

harveybobbles

If it was an ORDER FORM you signed then neither you or the garage can take anyone to Courts for loss of earnings what ever.

If you signed an INVOICE then the garage can take you to the Courts, the same way you could take them to the Courts if they invoiced the car at £4500 but then contacted you a few weeks later cos the car should have been £4900.

Was you swapping in a car? It's just wth you saying they wrote "subject to test drive" - this is what we write on our invoices incase we find out the car has been written off, clocked etc.

Quentin

harveybobbles wrote: »

If you signed an INVOICE then the garage can take you to the Courts....

A contract doesn't just exist when an invoice is raised (and customers don't usually have to sign an "invoice"!)

alice5118

Thanks for your reply,It is a used car order form I have signed but it does say on the bottom that it is a formal contract between buyer and seller. He wrote 'subject to test drive' because it was blocked in the forecourt so I was going to return to take it for atest drive and he said ' take it for a run if you dont like it we will refund your deposit' i don'e understand why he would allow me to cancel it for that reason and not for the reason I am cancelling it now

McKneff

Becasue that's what is written down on the order form.

Just go, have a test drive and say no thanks, get your money back.

Wont that do.

Quentin

Take it out for a test drive then reject it. (Keep tight hold of your copy of the contract!)

JimmyTheWig

You could ask them how much they want to settle out of court.
Or you could buy the car and sell it on again straight away. How much was the deposit that you are prepared to lose?
Or just buy it and keep it, at the price you agreed it was worth at the time.

auroan

Just go back and take it for a test drive. Then say you don't like it and ask for you deposit back.

Why the hell didn't you do this in the first place ?

Quentin

JimmyTheWig wrote: »

You could ask them how much they want to settle out of court.
Or you could buy the car and sell it on again straight away. How much was the deposit that you are prepared to lose?
Or just buy it and keep it, at the price you agreed it was worth at the time.

No need for any negotiation like this.

The car should be rejected after a test drive.

Then if necessary take them to court if they don't give you your deposit back!

alice5118

I don't want to go back into the garage now as I have had a few arguments regarding this matter with the two owners and im not sure he would agree to let me test drive it anyway. I only paid a small deposit and I stated in the email that i would not pursue the deposit as it states on the order form that deposits will not be refunded on cancelled cars.