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Unusual problem with car dealership

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13

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  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Ultrasonic wrote: »
    They'll point out that the 'same car' is a 2011 car whereas the OP is trying to buy a 2012 car.

    Oops. :o

    My bad.
  • OddballJamie
    OddballJamie Posts: 2,660 Forumite
    1,000 Posts Combo Breaker
    edited 13 July 2013 at 9:11PM
    Motorpoint have loads of 12/62 reg for under £14k.

    I'm not legally minded but does this fall under the offer and acceptance rule?
  • robatwork
    robatwork Posts: 7,266 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Photogenic
    Know any solicitors who might prep you a letter on the cheap?
    The threat of legal action may see you 2.5k up
  • kiddy_guy
    kiddy_guy Posts: 987 Forumite
    Part of the Furniture 500 Posts
    motorguy wrote: »
    And what are you going to do to make it stick?

    Spend ££££'s and months of waiting to take it to court?

    Well the actual loss to the OP is less than £5k, so actually it would be small claims court and cost the OP £35.

    So actually Yes, it could go to court. Clearly unless within the clause of the contract it deals with errors and omissions, it's pretty open and shut. They'd pay off before getting to court with an offer...
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 13 July 2013 at 11:58PM
    kiddy_guy wrote: »
    Well the actual loss to the OP is less than £5k, so actually it would be small claims court and cost the OP £35.

    So actually Yes, it could go to court. Clearly unless within the clause of the contract it deals with errors and omissions, it's pretty open and shut. They'd pay off before getting to court with an offer...

    Really?

    You're either going to court to force them to honour a £12,500 contract, thus you're outside of the £5K limit

    OR

    You would go and buy the same car elsewhere and try to claim the difference back off them.

    I would have thought that the no doubt massive legal team of Arnold Clark will have the contract worded to allow them this get out clause. Its very unlikely they havent had to deal with this before.

    Even IF they did, whilst the costs of going to the small claims court, Arnold Clark will no doubt choose to defend the case. And thats when costs start to rise.

    Even if you win, costs are NOT automatically added to the award - that's at the judge's discretion. And Arnold Clark may decide not to pay, or appeal or or or or.

    And all this risk on a car that as others have pointed out can be bought elsewhere for less than £14K anyway?
  • TradePro
    TradePro Posts: 652 Forumite
    thegoons wrote: »
    I shouldn't be punished for somebody else's mistake.

    To be fair, the reason I opted for them was because their price was cheaper by quite a bit compared to the rest priced at approx. £15k.

    You nearly 'had a result', and ultimately didn't.

    Personally, being a Golf I think you've had a lucky escape, better cars out there for less cash.
    And that my son, is how to waft a towel!
  • motorguy
    motorguy Posts: 22,611 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    TradePro wrote: »
    You nearly 'had a result', and ultimately didn't.

    Personally, being a Golf I think you've had a lucky escape, better cars out there for less cash.

    What would you recommend?
  • AceP
    AceP Posts: 8 Forumite
    Probably an ex fleet or ex hire, 20k miles is fairly high. Does it have a service history? If so, its most prob ex-fleet not hire. Good cars, but IMO it'll be too much b*llache to argue with them, just take your deposit back and chalk it up to human nature. Plenty more fish in the sea!
  • TradePro
    TradePro Posts: 652 Forumite
    motorguy wrote: »
    What would you recommend?

    As an example, this;

    http://used.kia.co.uk/vehicle/2080831?r_num=5&ls.sort=price|asc,series|asc,model|asc&ls.expand=models&ls.logged=false&ls.c.models=4294966471&ls.c.modelgroups=8524&ls.c.transmissions=8554

    2012 design, not a rehash of a 2004 car

    Much longer warranty (7 years)

    Chain driven engine (not sure if 1.6TDi is or not?)

    Infinitely more reliable

    Proper rear suspension (many lower spec Golf's get a budget setup, so I read?)

    Good looking car that gets great reviews

    There are many other alternatives of course, as I say, just an example.
    And that my son, is how to waft a towel!
  • thegoons
    thegoons Posts: 8 Forumite
    AceP wrote: »
    Probably an ex fleet or ex hire, 20k miles is fairly high. Does it have a service history? If so, its most prob ex-fleet not hire. Good cars, but IMO it'll be too much b*llache to argue with them, just take your deposit back and chalk it up to human nature. Plenty more fish in the sea!

    What is the difference between an ex fleet and a ex hire if you don't mind me asking?

    But like what you said, if they can't meet me half way on the price then I will bring my money elsewhere where I would get the same car of the same spec with lower mileage (I've seen some at 15k miles!) There really isn't a point arguing, let alone going to the court with them. too much hassle.
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