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Car Purchase- Where do we and car Sales stand here? pls help!

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  • Flyboy152 wrote: »
    Go tell them to take a run and jump. They can't sell something they don't own. Get your deposit back and go somewhere else.

    What are the model and variants of the cars being part exchanged and purchased, what are the registration dates and mileages?

    We would if we could but how would we not loose the £300

    My mum really wants the car with them to buy so we still want the sale
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Thanks for the second viewpoint visidigi

    I can confirm there is no finance agreement. And the full outstanding value of the car is being paid on collection. We were told this wouldn't matter whether we were part exchanging on not to offerer the value. Now they are saying otherwise.

    I can't help but feel they realize they want the car to part exchange and make more profit and are spinning us a line.

    How can they (and they are adamant) already have signed a legally binding document with a buyer for my mums car that was potentially going to be part exchanged? Is that even possible as part of the sale of good act.

    I don't think they can posses the goods to offer it to someone else until our deal was complete.

    They are really pushing's us hard here but I am not sure if they have any power over us.

    Because they have agreed to sell the car to someone else. However, they can't actually sell it, as they don't have right of title. If they have entered into a "legally" binding contract, one to which they can't satisfy, that is their look out.
    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 mark
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    We would if we could but how would we not loose the £300

    The dealer is not entitled to retain anymore than he can prove has been reasonable costs. If it has cost him any admin expenses and he can prove it, or that you requested specific accessories fitted that can't be removed, he might be entitled to keep it, but things such cleaning and servicing are not reasonable costs because it would be considered that he would have have these things done, no matter who bought it.
    My mum really wants the car with them to buy so we still want the sale

    Do you really want to deal with such people? Nonetheless, if you still want to deal with them, ask them to increase their offer for the part exchange, or you will walk. If they don't they risk losing the sale to you and top the pother customer who wants to buy the part exchange. But to help us understand as to whether there should be any movement, you have to be more specific regarding the cars; model, variant, age and mileages.
    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 mark
  • easyhost
    easyhost Posts: 424 Forumite
    gordikin wrote: »
    Don't listen to Easyhost they are often wrong. You were told that the car or £2500 was acceptable and have witnesses to that.


    LEARN TO READ
    we got a price for her current car part exchange of £2500 from the garage

    the cars values at £2,500 px which forms part of the deposit as this is taken off the cost of the new car along with £300 cash
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    easyhost wrote: »
    LEARN TO READ



    the cars values at £2,500 px which forms part of the deposit as this is taken off the cost of the new car along with £300 cash

    :wall:

    The only deposit is the three hundred pounds. The part exchange would only be a deposit, if the OP left the car with the dealer and signed it over to them at the time the deal was done.
    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 mark
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    the cars values at £2,500 px which forms part of the deposit

    How can it possibly form part of the deposit if the car hasn't physically been handed over to the garage and the relevant part of the V5 completed?
    The definition of a of deposit is to give money or an item as a part payment in order to secure something.
    The car may have been part of the deal, but it certainly wasn't a deposit.

    Another thing to remember is that in many cases verbal agreements can be as legally binding as written ones, especially as in this case when there are a number of witnesses to what was agreed with regards to cancelling the part exchange.
  • gordikin
    gordikin Posts: 4,422 Forumite
    easyhost wrote: »
    LEARN TO READ



    the cars values at £2,500 px which forms part of the deposit as this is taken off the cost of the new car along with £300 cash


    ....eh? Did you read the bit where it was agreed that £2500 in cash could be paid instead of trading in the car...did you miss that bit...take your own advice!

    The deposit was £300...the car doesn't enter into the deposit. Yet again you are wrong....not for the first time this week.
  • Thanks for the continued discussion.

    I am still not really any closer to being able to prove or have strong evidence that they can not have sold my mums car she was at the time going to part exchange, or indeed if they have they have done so wrongly and it's their mess to solve. Does anyone really think they could have legitimately sold it when they don't own the vehicle and could it be legally binding. Like some others have said, I can only see that they may have made a conditional sale and taken a deposit. One of the those conditions being if is available. Thus they can easily back out with that clause. They are telling me the can't,be that because they genuinely can't or because they don't want to disappoint the other customer and lose out on the profit they would make by selling it on

    I could go into prices of the cars in question and mileages like ive been asked but I don't see how that is relevant and would just cloud the nature of the matter. We are not yet looking for work rounds or alternative options-we are looking to fight back against them and just sell the car purely for 100% monies, no cash like they said would be possible.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    Then you have three choices:

    1. Do as they ask and sell them the car.

    2. Renegotiate the deal and ask for more money for the part exchange, or more money off the car.

    3. Walk away, get your deposit back and buy a car from elsewhere.
    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 mark
  • gordikin
    gordikin Posts: 4,422 Forumite
    Thanks for the continued discussion.

    I am still not really any closer to being able to prove or have strong evidence that they can not have sold my mums car she was at the time going to part exchange, or indeed if they have they have done so wrongly and it's their mess to solve. Does anyone really think they could have legitimately sold it when they don't own the vehicle and could it be legally binding. Like some others have said, I can only see that they may have made a conditional sale and taken a deposit. One of the those conditions being if is available. Thus they can easily back out with that clause. They are telling me the can't,be that because they genuinely can't or because they don't want to disappoint the other customer and lose out on the profit they would make by selling it on

    I could go into prices of the cars in question and mileages like ive been asked but I don't see how that is relevant and would just cloud the nature of the matter. We are not yet looking for work rounds or alternative options-we are looking to fight back against them and just sell the car purely for 100% monies, no cash like they said would be possible.


    You said that the salesman agreed you could trade the car or pay £2500 in front of 4 witnesses Y/N
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