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

Flyboy152

davidmaiden18183 wrote: »

we haven't spoken to a solicitor, but i have spoken to another garage. I just need to beef up my response as its my consumer rights knowledge against theirs in some respects.




I felt thats what I had done, I am asking them to ply ball, and if they wont I will then raise an official complain with customers service head office for the Arnold Clark Group, and I am then saying if that is not frutful we would then consider RMF and trading standards.

Agree with your edits to remove the bit about their customer.

I am so tempted to say we might have a recording of the vebal agreement but its on my girlfriends phone and she is away from her phone on holiday but we will get it soon.

Lying is never an advisable strategy, they tend come back and bite you on the bum.

Flyboy152

davidmaiden18183 wrote: »

id like to mention I have discussed it on a Consumer rights forum but perhaps not inflame them with details only how many post views and that they are named within. maybe that would be more appropriate.

It wouldn't take long for them to work it out, just googling arnold clark part exchange astra corsa deposit refund, will bring up this thread. If they read ths thread, it would just give them a stick to beat you with. If they read any of your posts, regarding your intention to use non existent evidence, for example.

davidmaiden18183

Flyboy152 wrote: »

Lying is never an advisable strategy, they tend come back and bite you on the bum.

I do agree but I feel I am lacking substance agaisnt them.

Persoanlly I still feel they will challenge our verbal agreement and try and invalidate that as it is what is in the written signed agreement that counts and carries most weight

hence why I am trying to add clout!

additionally with your red insert comment

If we do not receive a satisfactory outcome, we will consider the contract breached and therefore canceled and will insist on a return of our deposit

again I'm not sure if we have enough power to say that are have breached a contract i.e. breached something that was verbal and not written.

davidmaiden18183

Flyboy152 wrote: »

It wouldn't take long for them to work it out, just googling arnold clark part exchange astra corsa deposit refund, will bring up this thread. If they read ths thread, it would just give them a stick to beat you with. If they read any of your posts, regarding your intention to use non existent evidence, for example.

agreed yeah your right but the truths are still there over what was agreed an apparently what people have said on here that they are in the wrong in regards to the contract and the sale of our vehicle to be part exchanged.

davidmaiden18183

Here is the final email sent

F.A.O. EXXX & CXXX


From Mrs Margaret Maiden & Mr David Maiden in regards to Vauxhall Corsa VU10XXX

Following our conversations yesterday you were, at the close of the conversation, going to have a word with your superiors as to what to do next with regard to the our Silver Astra Breeze, unfortunately, we haven’t heard from you further as yet therefore we remain unsure how this is to proceed.
We are, therefore, sending this email to confirm that we are not willing to give you the Vauxhall Astra as part of the sale. We have sought advice from a solicitor, and have spoken to our local car dealer to confirm our stance.
With regard to our agreement, we reiterate that we asked, before signing the agreement, if it was possible that we could choose between then and collection date whether to purchase the Corsa as an outright purchase (effectively by paying the part exchange value of the car) and not offer the car as part exchange. We can all put testimony to the fact that CXXXX asked EXXX if this was acceptable and the response was “Yes that is fine”, and this formed part of the Terms and Conditions of the agreement. I am informed that a verbal agreement has as much force as a written one regardless of this being documented – we have 4 testimonies to what was agreed. Also the fact that CXXXX was going to amend the paperwork to a purchase without the part exchange on first contact yesterday afternoon clearly shows she was in acceptance of what had been agreed.
To put it simply Arnold Clark can not tell us we have to relinquish the car as part of the sale as this is a breach of the Conditions and contract we agreed
a) As for our vehicle which you apparently sold, this remains OUR property until we complete the purchase of the new vehicle. Arnold Clark DO NOT own the vehicle or have any entitlement to it until that time. We are fully entitled if we should choose to do so to refuse the purchase of the Corsa and retain the Astra should we see fit.

b) As far as Arnold Clark’s apparent sale of what is OUR property, we believe you may have been entitled to offer it for sale and in some respects take a deposit for it, but this would ONLY have been possible with a number of conditions including:- the availability of the vehicle etc. Selling a car not owned by Arnold Clark IS doing so at Arnold Clarks’ risk. I am told by EXXX that it is not possible for Arnold Clark to back-out of that deal with the potential buyer; regardless of what Arnold Clark’s stance is on this matter with all due respect this is Arnold Clark’s issue - not ours, nor is it relevant to our contract as (a) is true.

We would be obliged if you would consider this matter further. Also we would insist that Arnold Clark honour our verbal agreement that formed our Terms of the agreement that was accepted in front of 4 witnesses.

We plan to collect the vehicle tomorrow and pay in full as agreed was possible.

We look forward to your response, however if the response is not acceptable our next step will be to make a formal complaint to Customer Services Department in Glasgow, if there was still no resolution we would then need to consider taking this further with the Retail Motor industry Federation or more likely Trading Standards.


If we do not receive a satisfactory outcome through these avenues, we will consider the contract breached on our terms and, therefore, cancelled and will insist on a return of our deposit.


Please direct any further correspondence via return of email or 0751XXXXX

Regards

MXXX and DXXX

davidmaiden18183

and thanks Flyboy152 for all your help so far. I think we would have given in so far if it wasn't for you and the others responses

davidmaiden18183

Ive edited the post above to include the final email that no sent, I've rang the reception up they have received and are printing it out for there attention now.

I am S%itt*ng em' now to be honest at what happens next.

wish us luck