Used Car Sale - Terms & Conditions

GemBee_2

We planned to buy a car from a used car garage, we paid £500 up front, part ex my old car and then finance the rest. They agreed a price for the part ex on a picture as the car has been SORN. The following day I went to move the car and it wouldn't start, apparently it is some engine problems that will take a fair bit to fix. I called the garage immediately and explain that we obviously couldn't continue as we couldn't finance anymore and couldn't take any less for our car. After a bit of to-ing and fro-ing they said that they would take the car regardless and everything would stay the same, in shock I asked for this in writing. They replied with no! They said that couldn't provide anything in writing. I said that it they couldn't then I couldn't trust them.
I asked for the £500 back and they are refusing. They are now saying we owe them £763!
All we were given was a receipt for the part exchange, confirmnig the prices etc... No terms and conditions or anything. Trading Standards have said that we are entitled to all of our money back unless they can prove costs.
Any idea on what to do next?

Do you need to have terms and conditions to enforce a breach of contract?

somethingcorporate

You could have continued your old thread: https://forums.moneysavingexpert.com/discussion/3337292

You need to send them a letter before action (google or search MSE for a template) demanding your deposit back (less costs). Keep a copy and send it RECORDED.

Give them a timescale in which to comply - I would suggest 14 days would be suitable.

When they do not pay back initiate small claims action against them via small claims court: https://www.moneyclaim.gov.uk/web/mcol/welcome

GemBee_2

Sent the letter & they have replied today stating all these costs that they are going to charge us for not seeing through the deal. So instead of giving us our money back they are adding money onto that meaning we owe them!

I want to know if they can add all of these charges on with any t&c's to enforce them?

somethingcorporate

Can you list the costs out and the values please?

GemBee_2

They haven't provided a break down but they have said that the costs are:
cancellation fee,
storage fee,
loss of sale
re-advertising
preperation
administration
sale persons commission

totalling £763.47

I know for a fact that the car stayed on Auto Trader, their forecourt and on their website

somethingcorporate

GemBee wrote: »

They haven't provided a break down but they have said that the costs are:
cancellation fee,
storage fee,
loss of sale
re-advertising
preperation
administration
sale persons commission

totalling £763.47

I know for a fact that the car stayed on Auto Trader, their forecourt and on their website

Storage / Loss of Sale / sales person commission are all bs costs since they have actually not lost anything here. They can still sell the item / recoup overpaid bonuses and would have to store the car anyway.

Re-advertising / admin sound somewhat legitimate. I would suggest £100 at best as I did in your other thread. Cancellation fee is just made up.

They would not get half of them costs to stand up in court.

GemBee_2

Exactly what I thought! I understand we have to pay something and I am happy with that. We agreed £100 and that was fine, but then it wasn't! They keep changing there minds and we can't keep up with it all.

Thanks for all your help

somethingcorporate

No problem. They appear to be trying to make it sound like they know what they are talking about. It is all fluff and bluster. £100 max because you are feeling nice! I doubt they could justify that value.

Good luck, keep pushing, they will cave since you are in the right.

GemBee_2

They are a bunch of cowboys! I don't know how my partner finds these garages. I think I may be a little bit old fashioned, but I am sure they are trying it on a bit as I am a 24 year woman. They think they can get away with it.
Word to the wise, if you come across Car Motion in Mexborough, Rotherham beware and watched what you're doing!

s_b

im glad im not the proprietor of Car Motion in Mexborough, Rotherham
i would be rather upset if i was as they havnt had the opportunity to put their side of the story