Car Garage Advice - Legal

dannyjay

Hi All,

I'll get straight to the point, basically I bought a used car and would like some advice please if at all possible?

I put a 48 hour reservation deposit of £99 on the 17th Jan, re-visited the garage on the 19th, test drove it and said I'd take it - did all the paper work on that day, the car value with the depsoit and less the trading car value.

I collected the car on the 23rd, the lady did all the paperwork, and passed me the card machine and I paid, got my receipt. I the paid a second payment of £100 as I had a private plate on the car I was trading, I was told I will get this back upon returning the new V5 with the original plate number.

On the 28th, I returned to the garage with the V5, and was told I will get my refund within 2-3 days.

I contacted the garage via email on the 1st of Feb after I still had not received the £100. I since got an email back saying the value of car was not right, so they've assimilated the £100 to cover this.

I rang them up on the 2nd and the guy explained the lady on the 23rd charged me £99 less than she should, he doesn't know why but they've decided to not give me my £100 back.

Now I'd like to know where I stand, surely the £100 is a separate contract, therefore they should return the £100 and then write to me about the £99? Or even right it off as their error?

I'm not entirely sure on my rights, but where do I stand on their error and them effectively taking my money without my consent?

Any help would be greatly appreciated.

Thank you,
DJ.

PS - Apologies for any errors, I did it on my phone and I'm awful at it.

AndyMc.....

They garage is entitled to the full cost of the vehicle they sold you.

maninthestreet

AndyMc..... wrote: »

They garage is entitled to the full cost of the vehicle they sold you.

They can't change the terms and conditions of the contract after the contract has been made!

AndyMc.....

maninthestreet wrote: »

They can't change the terms and conditions of the contract after the contract has been made!

If the car was £5000 and he's only paid £4900 he'd still owe £100.

maninthestreet

AndyMc..... wrote: »

If the car was £5000 and he's only paid £4900 he'd still owe £100.

He agreed a price and paid the money. The garage cannot then
increase the price of the car.

AndyMc.....

maninthestreet wrote: »

He agreed a price and paid the money. The garage cannot then
increase the price of the car.

Have they increased the price or under charged?

dannyjay

Thank you for the replies, I've not disputed the fact the money is short, though I still think their error, their fault.

However, my issue is they have filled a loss with money from another contract that I've not agreed too, and therefore I personally think they should refund the £100 as agreed in that contract, and then write to me about the other, not just take it without even telling me.

System

Have you ended up paying more than you should have? If not then what is all the fuss about, you're creating hassle and complications for no real worthwhile reason.

debtdebt

So you admit that you've underpaid by £100. You're trying to pull a fast one otherwise you wouldn't be moaning about it on an Internet forum.

AdrianC

dannyjay wrote: »

I the paid a second payment of £100 as I had a private plate on the car I was trading, I was told I will get this back upon returning the new V5 with the original plate number.

This sounds like absolute Chinese Whispers.

DVLA's fee for transferring a plate is £80. Whether you think it reasonable for the dealer to charge £20 on top of that for their work is another question - I do. But there's absolutely no way that fee is ever going to be refundable, and I really can't see what turning up with the new V5C is going to add to anything.

dannyjay

Most car places charge between £100-250 as a holding fee for when you trade in a car with a personalised plate, so your comment is complete invalid. Here is one from MotorDepot; https://photos.app.goo.gl/LiVU9pEVfSYZgRbw5 (see the bottom section).

And the other comments need to take a step back, the initial and main question is quite simple;

Contract for the V5 deposit was to bring in the new V5 in and I'd get the money back. I've completed the contract, therefor they need to refund the money.

The contract were they are short on is a complete separate matter, and they then should contact me separately about the balance being off.

Is that correct? Ignoring what your values of V5 deposits are etc, on it's complete basic terms, they cannot just simply fulfil a shortfall on one contract with another, surely?