Trader wants more money!!!

oldnewstudent

Hi all,

Looking for some advice this evening please.

My O/H contacted a bike trader last week and went to have a look at a motorcycle. Whilst he was there he decided to part ex his bike for a newer bike. He was given a price for his bike and asked to pay £295.00 on top. For this the traders agreed to fit 2 enhancements, carry out an MOT and deliver the bike to us.

He called them a couple of days ago and was told that the free delivery was not an option. OK so he would pick the bike up.

Today the trader has told him that on further investigation his bike that he wanted to part ex was not worth as much as they had previously thought and that they wanted an extra £500.00!

My O/H declined their kind offer to rip him off and asked for his £100.00 deposit back only to be told that he wasn't entitled to it.

Now being in business myself I'm damn sure that the trader is not allowed to do this. Firstly I would say that his original appraisal offer should be binding. (we have a receipt) Secondly it's just bad practice.

Any opinions, legal advice or links would be gratefully received here as I'm determined we're going to at least get our deposit back!

bris

Does he have paperwork showing the original deal? If so start court action for the deal to be completed.

If no paperwork then proving the verbal contract is a bit more tricky but threating a small claims action against the retailer may very well get the deposit back.

bod1467

The trader is in breach of contract. If they don't return the deposit then O/H can take them to court for it (plus costs) and will (probably) win.

oldnewstudent

Thank you,

We have a receipt with the details of the bike offered for part ex and the amount offered, the details of the bike being bought and the price, less the £100.00 deposit and the total remaining to be paid.

I feel my first course of action should be to contact them myself and explain that we are aware of our rights, would I be correct to do this in writing and posted by recorded delivery.

If I did this do you have any suggestions as to terms or references that I should make to ensure that they realise that we understand our rights?

wealdroam

oldnewstudent wrote: »

Thank you,

We have a receipt with the details of the bike offered for part ex and the amount offered, the details of the bike being bought and the price, less the £100.00 deposit and the total remaining to be paid.

I feel my first course of action should be to contact them myself and explain that we are aware of our rights, would I be correct to do this in writing and posted by recorded delivery.

If I did this do you have any suggestions as to terms or references that I should make to ensure that they realise that we understand our rights?

Well, if you are going to write a letter, may as well send a letter before action.

Here is some guidance and a sample:

http://www.adviceguide.org.uk/england/consumer_e/consumer_taking_action_e/consumer_legal_actions_e/consumer_going_to_court_e/before_you_take_someone_to_court/step_one_write_a_letter_before_action.htm

arcon5

Not only head it letter before action, forget the 'I know my rights speech' and simply state they have breached the contract and have 14 days to either fulfill the contract based on the originally agreed terms or refund your money. Keep it short & sweet and get straight to the point..