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Under-charged for purchase

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Comments

  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    A £9k mistake? Yes you could. Breach of statutory duty of care.

    Hell my ex-employers tried to sack me for someone else's mistake. They hadnt put an appointment in the diary that was scheduled on my shift....naturally i'm not psychic so I missed it.

    Of course i was sacked for a total of 5 hours given that they hadn't given me notice of a disciplinary, hadnt allowed me to exercise my right to have a witness present, hadnt allowed my right to a fair hearing as they had decided the outcome before the "disciplinary" took place and then discussed it all with the company next door - several of whom I'm friends with. Best of it? I had the whole thing recorded. They called me after a few hours (after the company next door telling them I could take them to the cleaners) saying it was just going to be a written warning....i said i wasnt accepting it as it wasnt my mistake. Funnily enough, i never did get that written warning.

    And of course theres new guidelines. Employers now dont need to follow the statutory dismissal proceedings. There was also talk about increasing the service needed to claim unfair dismissal but i'm not sure if that has been implemented yet.

    It has already been put in place and will be in force from April next year.
    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
  • NeverInDebt
    NeverInDebt Posts: 4,633 Forumite
    1,000 Posts Combo Breaker
    Morally you should tell them but you have no obligation to do so. But legally they are entitled to claim the money from you up to 6 years.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Funnily enough, i never did get that written warning.
    Call me a cynic. I bet it is on your file.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    Flyboy152 wrote: »
    Meanwhile the salesman gets the sack for allowing you to drive off without paying for the car. What nice people you all are.
    Harsh to say that to me when I suggested they contacted the garage!
  • pulliptears
    pulliptears Posts: 14,583 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Don't know why this is still being debated TBH, OP has never reappeared and I suspect it was a wind up.
  • Thanks for all your comments & tips - sorry for not posting sooner, I am an infrequent user and only just checking back in.

    I have still not been contacted by the dealer - this actually happened back in September & I never expected it to go on this long.

    My plan is to keep quiet for now - I don't see why I should tell them about their mistake - but I have no intention of spending the money just in case! I do feel a bit guilty about it, but the salesman who I dealt with was so arrogant and pushy in the first place and tried to sell me every add-on under the sun, so my sympathy for him is limited.

    If they contact me, I will pay up, no problem. I was just interested in the legal position - whilst I have no intention of letting it go that far, I just wanted to be clear there was no onus on me to make the first move.

    Just can't believe their financial controls are so bad that it has still not been picked up!!!
  • pulliptears
    pulliptears Posts: 14,583 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    worthy1 wrote: »
    Thanks for all your comments & tips - sorry for not posting sooner, I am an infrequent user and only just checking back in.

    I have still not been contacted by the dealer - this actually happened back in September & I never expected it to go on this long.

    My plan is to keep quiet for now - I don't see why I should tell them about their mistake - but I have no intention of spending the money just in case! I do feel a bit guilty about it, but the salesman who I dealt with was so arrogant and pushy in the first place and tried to sell me every add-on under the sun, so my sympathy for him is limited.

    If they contact me, I will pay up, no problem. I was just interested in the legal position - whilst I have no intention of letting it go that far, I just wanted to be clear there was no onus on me to make the first move.

    Just can't believe their financial controls are so bad that it has still not been picked up!!!

    What happens when your car needs its first service?
  • JimmyTheWig
    JimmyTheWig Posts: 12,199 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Combo Breaker
    worthy1 wrote: »
    My plan is to keep quiet for now - I don't see why I should tell them about their mistake - but I have no intention of spending the money just in case!
    I think in these times of low interest rates you have very little to gain by doing this.
    I still say tell them about it and give yourself a better chance of getting money off as goodwill.
  • System
    System Posts: 178,377 Community Admin
    10,000 Posts Photogenic Name Dropper
    What happens when your car needs its first service?

    I can't imagine anything will happen when the car needs its first service as the garage hasn't spotted the mistake. The garage isn't aware of what has happened so they will just provide the normal service they provide all customers.

    It would only be an issue if at the time of the first service the garage and the customer were in dispute about this matter. If they are still in a state of blissful ignorance I don't see what the problem will be
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • System
    System Posts: 178,377 Community Admin
    10,000 Posts Photogenic Name Dropper
    I think in these times of low interest rates you have very little to gain by doing this.
    I still say tell them about it and give yourself a better chance of getting money off as goodwill.


    If he keeps quiet and gets away with it then he makes £9k so he has alot to gain from it. In addition although I am aware that the company has 6 years to claim this money. In reality if they don't spot this at the end of the financial year then they will never spot this so the OP will have more than likely got away with it.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
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