New car, won’t honour price!

photome

Hope you get something sorted.

just being nosey, what car is it

Nearly_Old

motorguy wrote: »

What planet are you on??

The guy was offered a decent deal on a car he was buying for CASH.

Not according to the OP's first post:
"I wouldn’t have needed to do that if they didn’t make this mistake.. I’ve taken out a loan and have incurred costs for that also etc etc.."

Only in a later post does the OP refer to:
"We couldn’t afford to fix the wife’s current car as we were expecting to be paying £23k on the new one.. which would have cleared our bank balance."

So was it a loan or cash?

IamNotAllowedToUseMyName

Nearly_Old wrote: »

Not according to the OP's first post:
"I wouldn’t have needed to do that if they didn’t make this mistake.. I’ve taken out a loan and have incurred costs for that also etc etc.."

Only in a later post does the OP refer to:
"We couldn’t afford to fix the wife’s current car as we were expecting to be paying £23k on the new one.. which would have cleared our bank balance."

So was it a loan or cash?

Sounds like a cash purchase financed by a personal loan.

rickf

In regards to all the questions people are asking, look - I did think it’s a big discount, but I saw it as a trade in with a guaranteed value of 6k due to the scrappage deals going on, and a discount due to using car wow, we asked them to confirm it was fine and they did.. twice. We weren’t trying to pull the wool over their eyes at all.

I took out the loan so as far as the dealer is concerned I’m a cash buyer.

The deal was finalised wasn’t it, it was all signed 3 months ago. It was a factory order, so their sales manager would have signed off the order, therefore finalising it otherwise the order wouldn’t have reached their factory. They spent 20 minutes checking the prices etc before they gave us the contract to sign. It was checked by the seniors/managers at that point too.. they had plenty of chances to spot the ‘mistake’.

Anyways...

So I’ve spoken with CAB who advised I have the consumer protection regulations on my side as they mislead us into a contract that we wouldn’t have signed if the discounts weren’t offered; they said damages could be claimed ie for a car I bought to replace the ‘scrapped’ car. (I realise their advice is generic).

If I walked away, I’d have to deal with my old car which has no mot tax or insurance so that’s another cost I’d have to incur to get it off their property. Again if the contract was never formed I’d of kept the car that was going to be scrapped and not bought a replacement.

I will also speak to the motor obudsman for advice as the dealer is a member of the MICOP

Also, a bit sneaky I know but we did a car wow today with one of guys I work with, he asked the same dealership if the carwow offer they made and scrappage offer can be used together, they said they couldn’t offer the full car wow discount but instead offered a £3k car wow discount (instead of £7k) and the £6k scrappage! On their offer on car wow they send you a message, and that message says thanks for requesting a quote etc, and says to take advantage of our scrappage scheme send us the registration etc etc.. now if the two offers can’t be used, why the heck are they sending that to me in their car wow quote?!

I’m guessing that they’ve made a point of telling their team this now, so if I’d asked the same question last week i suspect they’d of said both offers are fine.

And yet they told me it’s not possible at all to have both offers just 2 days ago when they told me about their mistake. He said it’s impossible for them to complete the order with two discounts on there.

I’m really unsure how to approach it with them - if I start blabbering on about the fact they mislead me into a contract, then they’ll likely just withdraw.

If I bring up the fact that they offered my ‘friend’ both discounts on car wow today, and the fact they mentioned it on the message they sent to me on the car wow quote the order stemmed from, maybe that would make some difference...

Again we went there twice and got two quotes done, both sales guys checked with managers about both discounts and we were told it was fine.. although all of that is just verbal, whereas the car wow trick today is all stored on car wow and on email.

They did shrug off the fact that I said they advised both deals can be used together on two occasions..

Their offers are:
Pay the 6k to buy the car
Walk away and get my deposit and scrappage car back
Take a lower spec car

I asked about meeting in the middle, and they are considering this, but I still wouldn’t really be that happy to proceed as they should honour the original price in my opinion, but didn’t want to make a final decision of saying I’m walking away.

What do you guys think?

G_M

I think you have a strong case, both morally and legally.

You signed a contract, that appears to have been unambiguous, with a stated agreed price for the car. How that price was negotiated and arrived at is almost irrelevant legally.

It is well-established that sales staff at dealerships go over the pricing in great detail, and seek authorisation from their managers, before the contract is agreed.

Small print hidden in the text of a contract cannot over-ride the headline basis of a contract: price and vehicle specification. That would be considered an unfair term by the courts, in line with the (now defunct) Office of Fair Trading guidelines.

Your should press for the original agreement to be honoured.

You might consider compromising a little, in order to save yourself the hassle of court, assuming the dealership continue to try to renague on the contract, but your starting point should be that the law, as well as natural justice, is on your side.

Tom99

[FONT=Verdana, sans-serif]Did,after ordering the car, you not sign and return a 'New Vehicle Order Form' which gave the discounted price you were paying for the car and then deducts the scrappage amount of £6,000 to get to a 'Balance Due' amount?

[/FONT] [FONT=Verdana, sans-serif]On my order the scrappage is listed under the heading ' Dealer Fit Options' as 'Scrappage Upgrade Bonus'.

[/FONT] [FONT=Verdana, sans-serif]If you have such a document then it clearly shows the contract you and the dealer struck and any discussion or CarWow quotes before or after are not part of the deal.

[/FONT] [FONT=Verdana, sans-serif]I can find no reference on my document to the dealer being able to cancel.[/FONT]

angrycrow

I am with the op on this, he was offered terms which were agreed so a contract has been made. He has then had to wait 3 months for deliver yet dealer already has his old car.

Had the dealer tried to withdraw from the contract within a few days op may have struggled to enforce the contract but the dealer have had plenty of time to rectify their claimed error.

What I would do is to sit out side the dealer tomorrow wait until there were full of customers then go in and in the middle of the show room discuss their breach of contract whilst remaining calm and polite. I do have the advantage that my voice tends to carry very well across open spaces.

Are you willing to name and shame the dealer.

rickf

Thanks for the replies. I’m still unsure what to say after stating the legal stance, as they will come back to the fact they can withdraw, they’ve already mentioned it!

If I say I’m in my right to claim damages etc they’ll call my bluff.. traders usually do in such situations, knowing that most won’t go to court.

rickf

Here are the t&c’s

rickf

Just spoke to the motor ombudsmen who said the best case scenario is that I write a letter of complaint and get offered another deal, or both parties walk away from the deal and I get deposit and scrappage car back. It sounds like the manager I’ve been speaking to has already been speaking with the owners so I don’t think complaining by letter will get me anywhere as it’s already ‘gone to the top’.