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Car dealer backs out of deal after I paid deposit

edited 30 November -1 at 12:00AM in Motoring
64 replies 2.6K views
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Replies

  • Brand0Brand0 Forumite
    55 posts
    Part of the Furniture 10 Posts Combo Breaker
    almillar and AdrianC - given how man 'thanks' you got, I'll put it down to being a bad day for you both.

    I'm amazed that my query could create such a stir, but I do have an update for you all.

    BMW manager quote: "Bottom line is we did have an agreement. We took your money - and still have it actually - and as it was over the phone its as good as a written contract so the car was technically yours even though you hadn't paid the full balance." Or something very much like that. He went on to say how rare this kind of thing is yada yada... To be honest he chose his words carefully so I cannot conclude much as a point of fact in terms of consumer rights.

    Anyway, the short version is he offered a goodwill 7.5% credit against any other car from their 'group' (about £8-900 given my range) and that will stand until 14 February.

    As for the rest, they found evidence the car had been in some kind of accident as well as submerged (well done AdrianC on the water bit). They do preliminary checks first and only do the in depth check and diagnostics once sale has been agreed (i.e. after any road tests etc.). Up on the rig they use some kind of electronic tuning fork which can spot dodginess in the chassis etc via vibrations. Few independant garages would do this.

    They found that as well as the submerged electronics (ECU), three suspension elements were damaged and needed replacing and two alloys were cracked. So the car would need engine out, exhaust out and full rewiring meaning most of the interior out and new lights front and rear. It will be written-off by insurers.

    The manager thinks the water damage is likely to be based on the flooding from several years back. There was probably an own fault accident where insurers weren't involved and the car was privately repaired. The last owner may not have even known about any of it apart from the occasional electronic gremlins (which included intermittent ABS and brake lights - which the driver may never have been aware of until the next accident).
  • debtdebtdebtdebt Forumite
    949 posts
    So you'd still want the car if they can fix it then?
  • waamowaamo Forumite
    10.3K posts
    10,000 Posts Seventh Anniversary Name Dropper
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    In post 21 you stated that all you want is the car and no compensation. I think you should also ask for a health discount on the [STRIKE]death trap[/STRIKE] vehicle.
  • foxy-stoatfoxy-stoat Forumite
    6.8K posts
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    Brand0 wrote: »
    almillar and AdrianC - given how man 'thanks' you got, I'll put it down to being a bad day for you both.

    I'm amazed that my query could create such a stir, but I do have an update for you all.

    BMW manager quote: "Bottom line is we did have an agreement. We took your money - and still have it actually - and as it was over the phone its as good as a written contract so the car was technically yours even though you hadn't paid the full balance." Or something very much like that. He went on to say how rare this kind of thing is yada yada... To be honest he chose his words carefully so I cannot conclude much as a point of fact in terms of consumer rights.

    Anyway, the short version is he offered a goodwill 7.5% credit against any other car from their 'group' (about £8-900 given my range) and that will stand until 14 February.

    As for the rest, they found evidence the car had been in some kind of accident as well as submerged (well done AdrianC on the water bit). They do preliminary checks first and only do the in depth check and diagnostics once sale has been agreed (i.e. after any road tests etc.). Up on the rig they use some kind of electronic tuning fork which can spot dodginess in the chassis etc via vibrations. Few independant garages would do this.

    They found that as well as the submerged electronics (ECU), three suspension elements were damaged and needed replacing and two alloys were cracked. So the car would need engine out, exhaust out and full rewiring meaning most of the interior out and new lights front and rear. It will be written-off by insurers.

    The manager thinks the water damage is likely to be based on the flooding from several years back. There was probably an own fault accident where insurers weren't involved and the car was privately repaired. The last owner may not have even known about any of it apart from the occasional electronic gremlins (which included intermittent ABS and brake lights - which the driver may never have been aware of until the next accident).
    Brand0 wrote: »
    Exactly. Buy with confidence...

    I would say yes, you can buy with confidence. Good job
  • Brand0Brand0 Forumite
    55 posts
    Part of the Furniture 10 Posts Combo Breaker
    debtdebt wrote: »
    So you'd still want the car if they can fix it then?

    If BMW could repair it to BMW standards (i.e. all brand new authentic BMW parts, new ECU/CPU, new wiring) and it was not considered a write off (i.e. CAT c etc.) it would be effectively a new car for old money. It had done 33k miles on a 61-plate and in my perfect spec and colour - one I've looked for for months. When I go to sell it in a couple of years would have had less than 45k miles on the clock and 3 owners after 11 years.

    Only petrolheads get it.
  • MercdriverMercdriver Forumite
    3.9K posts
    Fifth Anniversary 1,000 Posts Name Dropper
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    Yes but none of the answers were the one he was looking for so they obviously don't count.

    You should already know that they'll be back claiming a £500 goodwill payment.

    for your next trick can you DM me next weeks Euromillions numbers? ;)

    Please DM only - I don't want to share it with everyone...
    Brand0 wrote: »

    Anyway, the short version is he offered a goodwill 7.5% credit against any other car from their 'group' (about £8-900 given my range) and that will stand until 14 February.


    .
  • BoGoFBoGoF Forumite
    6.3K posts
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    So it's a 9 year old knackered motor.
  • AdrianCAdrianC Forumite
    36.3K posts
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    Brand0 wrote: »
    BMW manager quote: "Bottom line is we did have an agreement. We took your money - and still have it actually - and as it was over the phone its as good as a written contract so the car was technically yours even though you hadn't paid the full balance." Or something very much like that. He went on to say how rare this kind of thing is yada yada... To be honest he chose his words carefully so I cannot conclude much as a point of fact in terms of consumer rights.
    <waffle, waffle, valued customer, waffle>
    I thought you said they'd already put the £1k deposit back onto your debit card?
    Anyway, the short version is he offered a goodwill 7.5% credit against any other car from their 'group' (about £8-900 given my range) and that will stand until 14 February.
    That's not exactly generous, is it, since...
    Brand0 wrote: »
    The car and spec took me ages to find so it's really put me out - especially as I managed to find two after searching for months
    So the chances of them having anything in stock that you want in the next month are... zero?
    In other words, the goodwill gesture is... zero?
    As for the rest, they found evidence the car had been in some kind of accident as well as submerged (well done AdrianC on the water bit). They do preliminary checks first and only do the in depth check and diagnostics once sale has been agreed (i.e. after any road tests etc.). Up on the rig they use some kind of electronic tuning fork which can spot dodginess in the chassis etc via vibrations. Few independant garages would do this.
    <chuckle> Sounds like a fairly standard automated MOT ramp "shaker".
    They found that as well as the submerged electronics (ECU), three suspension elements were damaged and needed replacing and two alloys were cracked. So the car would need engine out, exhaust out and full rewiring meaning most of the interior out and new lights front and rear.
    Still insisting on "specific performance" of the contract?
    It will be written-off by insurers.
    And if insurance had gone anywhere near it at the time of the flooding, it'd have gone straight through Copart as Cat B, and been broken for what bits weren't soaked.
    Brand0 wrote: »
    If BMW could repair it to BMW standards (i.e. all brand new authentic BMW parts, new ECU/CPU, new wiring) and it was not considered a write off (i.e. CAT c etc.) it would be effectively a new car for old money. It had done 33k miles on a 61-plate and in my perfect spec and colour - one I've looked for for months. When I go to sell it in a couple of years would have had less than 45k miles on the clock and 3 owners after 11 years.
    Blimey. You really are. I admire your optimism, at the very least.
    Only petrolheads get it.
    Sorry... I thought we were talking about an £11k 61-plate approved used BMW?

    There's only a handful of cars around that age and mileage on BMW's approved used search at the mo - a white 1-series, a 2wd 2.0d X1, and a 320d. That's the sort of thing that's definitely putting badge before content.
  • Brand0Brand0 Forumite
    55 posts
    Part of the Furniture 10 Posts Combo Breaker
    BoGoF wrote: »
    So it's a 9 year old knackered motor.

    To the uninitiated, sure.

    The car being replaced was very similar but 12 years old. I'd taken it on track days both hers, in France and Germany. Probably go through 3 sets of tyres each year.

    I'd use ANY excuse for the sensation of driving it, to hear it, to feel it. Never had this with any of the other cars (though funnily enough my 1999 Mk1 Ford Focus was ridiculously fun to drive).

    I looked at it/her and smiled every night before bed just like I used to with my kids. I'm still heartbroken someone ploughed into it whilst parked.

    Drive a Beemer with big engine and lots of power - there's no turning back. A wet roundabout on a clear night is like the holy grail.

    I could buy an equivalent sized 1.4 litre Skoda almost brand new and have Apple carplay, electric everything etc. (I have one now as a hire and it's very competent) but I'd rather spend my hard earned on a toy. After 4 heart attacks it's my only available vice so I don't really care what anyone else thinks - nor do I judge.

    Each to their own.
  • mollycatmollycat Forumite
    1.5K posts
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
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    Brand0 wrote: »

    Only petrolheads get it.

    The evidence in this thread is that you are not a "petrolhead" **

    A true "petrolhead" would probably laugh at someone that wanted to buy a car that's been in a duck pond just because it has a certain badge.

    Done a favour by the dealership, responds by claiming their "rights" have been breached. Wow.

    I'm beginning to think these threads are made up.

    **Controversial opinion time, no offence intended.....several mates, my dad, both my brothers are (were) time served mechanics; not a single one of them ever described themselves as a "petrolhead", their work and knowledge spoke for itself. I believe people who think they know a lot about motors (and follow this up by buying a wanky cockmobile), like to attach they label to themselves to "impress" others.

    Apologies to the knowedgeable and competent who do like the term and refer to themselves thus. :)
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