Car Garage Advice - Legal

arcon5

You underpaid the agreed price. It's now sorted. So stop b1tching about it and get over it

dannyjay

Wind your neck in please. I've not even !!!!!ed about it, never mentioned the company. Merely asked for advice but all I've got is obnoxious replies from internet heroes.

AdrianC

dannyjay wrote: »

I've never suggested that I was going to sue anyone. I've just merely asked about fulfillment of one contract with another.

Unless they smile and agree, then launching a legal claim ("sueing") is your only recompense.

Aylesbury_Duck

dannyjay wrote: »

It's the principal of it all. I should be contacted about their admin error in an appropriate manor, not underhandedly, which they have.

In which manor would you prefer them to contact you? Somewhere posh like Waddesdon or are we talking Walthamstow? Get their principal to get in touch.

waamo

If it's about the principle then challenge the cad to a duel. Settle it like gentlemen.

debtdebt

I bet he's great fun on a night out when it comes to getting a round in.

"No, I don't want another pint. You need to recompense me for the first drink I bought you then you can buy me one back and I shall give you the money back for that drink. These are two totally separate transactions."

unholyangel

OP you're asking how is this different. Well for a start, they're not completely separate contracts. Because without buying the car, you wouldn't have had to pay £100 as security for you completing the sale by delivering the v5.

But ignoring that for a moment, even if they were completely separate contracts the garage would be allowed to do this - google the right to set off. Its a mechanism that allows a party who owed money to a second party to offset that debt against money the second party owes them. Its there to prevent needless legal proceedings.

Your only argument against this would be if they had indeed taken more than the agreed purchase price.

dannyjay

unholyangel wrote: »

But ignoring that for a moment, even if they were completely separate contracts the garage would be allowed to do this - google the right to set off. Its a mechanism that allows a party who owed money to a second party to offset that debt against money the second party owes them. Its there to prevent needless legal proceedings.

Your only argument against this would be if they had indeed taken more than the agreed purchase price.

The only decent advice I've had, thank you.

Lucky_Duck_2

Any ability to set off against other contracts needs to be explicitly included in the terms and conditions.

unholyangel

Lucky_Duck wrote: »

Any ability to set off against other contracts needs to be explicitly included in the terms and conditions.

No it doesn't.

There are 2 ways you can be entitled to set off - under a contractual set off with a specific clause allowing for it or under the common law equitable set off.