cancellation of used car

Quentin

Get someone to go with you. You are in the pound seats - but you need to comply with their clause regarding subject to test drive.

If they refuse you the test drive, then you will have a witness to this, which you can use should they refuse to refund your deposit.

BM-AK

I don't see why they are trying to recover the cost of the car. They still have it, so at most, they have only lost the preparation cost!!!

You mention that the car was £200 cheaper but they are doing a £100 discount, doing a valet and doing the servicing.

Surely that adds up to the £200 and maybe more (if due a major service)?

alice5118

Yes it does add upto the £200 probably but my partner didnt feel they were very trustworthy as they had not mentioned the website and also when we rang back they were all giving different versions on the reason for the cost difference. The car is still for sale on the forecourt and Im sure they will sell it.

Flyboy152

hartcjhart wrote: »

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

If this was the condition that could be used, all the OP has to do is test drive car, decide that he doesn't like the way it drives and the contract is satisfied.

Flyboy152

alice5118 wrote: »

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

The only costs you are liable for is any provable expenses incurred by the dealer. They cannot retain any more than that from your deposit.

Flyboy152

BM-AK wrote: »

I don't see why they are trying to recover the cost of the car. They still have it, so at most, they have only lost the preparation cost!!!

You mention that the car was £200 cheaper but they are doing a £100 discount, doing a valet and doing the servicing.

Surely that adds up to the £200 and maybe more (if due a major service)?

All of those items should be expected and include in the price of the car, not as an optional extra. It strikes me that these are amateurs, playing in the big boys playground.

harveybobbles

Quentin wrote: »

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

They do. the invoice is final and when the customer signs it they are accepting any terms and conditions therein and are accepting the car as described.

When we sell a car we print off an ORDER FORM. Which means no one can sue no one for anything. plus it allows us to keep the small deposit of £100 that we ask for as we take the car off sale, delete it from the adverts and turn away other customers.

Only at the point that we recieve FULL payment (be it finance, cach, card etc) that we print off an INVOICE. It has all the same details on the paperwork.

This £100 is deemed an "acceptable amount" in the eyes of the law for us to retain should the customer pull out of the deal.

Quentin

In the real world an invoice is a bill not a contract. It doesn't need signing by the customer, just paying!

Hammyman

alice5118 wrote: »

Yes it does add upto the £200 probably but my partner didnt feel they were very trustworthy as they had not mentioned the website and also when we rang back they were all giving different versions on the reason for the cost difference. The car is still for sale on the forecourt and Im sure they will sell it.

They are perfectly entitled to have a different price on the website than the forecourt. Even companies like Comet, Currys, PC World etc have different prices on their website to the instore one on a lot of their things - it even says so next to the item description - something like "Web price £16.99, instore price £19.99".

They also are under no obligation to mention the website. If you can't be bothered to do your research, that is your problem.

harveybobbles

Quentin wrote: »

In the real world an invoice is a bill not a contract. It doesn't need signing by the customer, just paying!

But an invoice for a used or new car has a box to sign...