I purchased a car now they want me to pay more

Aelson

I'm disabled and needed to get a car with a wheelchair access. 

I found one from a dealer. He agreed to take my car as a part exchange. He payed the outstanding finance off it. We done all our communication over Watts app as its easier for me. So I have every on my phone in messages 

On the messages he agreed to 3 months nationwide warranty, and put the car through a mot and to deliver the car. He aggred to pay of my car finance and I would only have to pay 1050 extra. 

He delivered the car and took my car and the deal was done. He said that he would send an invoice in the post. The best day he messaged me a screen shitoaying the car finance off. And said he is going to send the paperwork. 

He then suddenly said he miss calculated the price and I owe him and a extra 1750. This was 2 days after the deal was done and I have the car. He isn't willing to send me the invoice or warrenty untill he gets the extra money. He has also said he wants to get his car back and give me the 1050 back and keep my car. 

Am I right in saying they can't do this as the deal has been done and agreed. 

Sandtree

Need to be clearer on what's caused the recalculation 

What was the windscreen price of the new car? Its hard to tell if £1,750 is very material or minor

When you got the original price of £1,050 did you think it was an amazing deal or probably about what you were expecting?

Carrot007

For a genuine error he can do something.

But that something (unless you agree to what he wants). if reverse the deal. If he no longer has you car then it gets complictaed and you either agree to something fair (which will require looking at all the details and what he claims was a mistake) or go to court.

Aylesbury_Duck

I agree, if it's an obvious mistake, he can reverse the deal, which actually might prove attractive to him given the way used car prices are rising.  He'll probably be able to sell it for more next week.

the_lunatic_is_in_my_head

OP if a contract contains what is known as a unilateral mistake then the contract can be void, this is a mistake than ought to have been known.

If you buy a car for 10 grand and the paperwork say £100.00 the contract can be void. If you buy a car for 10 grand, part exchange and buy a few things from the dealer and the price is out by £50 that would typically be their loss. 

What was the sticker price and the finance amount? Is there anything else that would affect the total?

If there is a £700 discrepancy then this is a fairly sizable sum of money and would probable be due but it would of course be sensible to check the figures yourself to ensure the demand isn't an error (or an attempt to squeeze an extra £700 out of you)

Aelson

Hi all thanks for the messages I have attached some of the screenshots of the messages to give you a better idea of the situation 

Sandtree

Ultimately only a court can decide if the contract should be void for an obvious error but it appears you were looking to buy a £2,800 car, you had £1,750 finance secured against a vehicle worth circa £1,500 which you traded in and only paid £1,050... it seems highly unlikely that you could trade a car in with negative equity and yet pay less than half the window price for the new car as a result.

Would you rather have the car returned or pay the extra? 

I didn't spot any date stamps, assuming its been a few days rather than hours since they collected your car then I'd be first of all confirming that they still have your trade in car as if they've disposed of it you are in a better position to renegotiate because they cannot simply void the deal. 

Ergates

I think they've probably got a reasonable case if it goes to court - the figures pretty clearly don't add up.

They gave you: a car for sale at £2800 and paid of £1750 of finance - total:  £4550
You gave them: a car worth £1500 and £1050 cash - total: £2550

They're 2 grand down!  I think that falls into "should have been spotted" 

Even you giving them the car worth £1500 (with you clearing the finance) and £1050 cash would have been a good deal (£2550 for a car stickered at £2800)

m0bov

The 3 months warranty is a scam as you have at least 6 months on CRA. I'd just ignore it and see if he starts a SCC again. He is a trader and is expected to act professionally and your not expect to pay for his mistakes.

MalMonroe

Hi, you DO have rights when you buy a used car, especially from a dealer.

Contact Citizens Advice and have a look at info in this link - 

https://www.citizensadvice.org.uk/consumer/buying-or-repairing-a-car/problems-with-a-used-car/

What you said here is a tad worrying : "He then suddenly said he miss calculated the price and I owe him and a extra 1750. This was 2 days after the deal was done and I have the car. He isn't willing to send me the invoice or warrenty untill he gets the extra money. He has also said he wants to get his car back and give me the 1050 back and keep my car."

You need some 'proper' advice (no offence to forumites here) and as I said, a good starting point would be Citizens Advice.

MalMonroe

Ergates said:

I think they've probably got a reasonable case if it goes to court - the figures pretty clearly don't add up.

They gave you: a car for sale at £2800 and paid of £1750 of finance - total:  £4550
You gave them: a car worth £1500 and £1050 cash - total: £2550

They're 2 grand down!  I think that falls into "should have been spotted" 

Even you giving them the car worth £1500 (with you clearing the finance) and £1050 cash would have been a good deal (£2550 for a car stickered at £2800)

They're a business though! And they've said they 'miscalculated'. That isn't the OP's fault. 

Now, after the deal has been done and the OP has the car, this dealer is trying to mess them about and inconvenience them when the OP has disabilities and it seems like the dealer's just taking the mickey here. 

Because that is no way to operate any 'business'.