New car, won’t honour price!

Tom99

Which number T&C do you think they will rely on?

Nobbie1967

Section 2a and 2b appear to be idnticle unless I'm missing something and both imply that it is the buyer that has the ability to cancel the contract if the seller cannot deliver in time. Is this the clause that the dealer is relying on to cancel the contract, or is there a different clause?

I'd agree with GM's earlier post that a one sided clause to allow the dealer to cancel the deal at any time would seems to be at odds with consumer law as it would result in an unbalanced contract unless it was merely to allow cancellation early on during the deal checking process.

rickf

Its sections 9d. onwards that seems to apply.

Lucky_Duck_2

9d refers to changes in the manufacturer's list price rather than discounts or other incentives offer by the dealer.

If I am reading the first line of clause 9 correctly it seems to suggest they have the right to sell the car and then require it to be returned to them provided the ask within seven days. Given the poor drafting and that it is a consumer contract I am skeptical that clause would be enforecable.

rickf

Yeah I can’t remember what I read that made me think it said they have the right to withdraw. The first half of it seems to be about used cars. Crappy general terms. Will bring that up with them.

G_M

rickf wrote: »

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.

I still believe you have a strong legal case.

However, as youu say, they may well call your bluff.

You then have to decide whether to accept the losses, or call their bluff in return by sending a "Letter Before Action" followed by legal action,

[Deleted User]

Bought a new car, which probably cost more, instead of just paying the £200 to fix old car while waiting for new car to be built?

Strange.

What were you going to do with the old new car had you got the new car? :rotfl:

But yeah, dealer sounds like a scum bag. Probably found a buyer who is offering more money for it.