Car Dealership asking for additional payment 6 weeks after car collected

Sunny_smiles

Eight weeks ago we collected our new vehicle from the dealership in Birmingham. we were provided with the agreements and forms electronically two days before we collected the vehicle. We signed the New Car Agreement, the Car Purchase Agreement and the Finance Agreement (and trade in vehicle documents) and we provided the cash deposit. At this point we had not seen the vehicle, as it had been ordered from new.

The New Car Agreement had been revised/updated by the Dealership from the original point of order, as they had not provided a clear view mirror we had ordered for the vehicle. We were unaware of this at the time, we were simply provided with the revised New Car Order form and asked to sign it, along with the other agreements.

Two days later we went to the dealership and we provided our car for Trade in and we collected our new vehicle. Six weeks later the Dealership called to ask for an additional payment as they had made a mistake and had not included the cost of the dash cam within the agreements/documents we signed two days before purchase.

They have become aggressive in chasing the additional payment of £700 for the dash cam and even threatened to have it removed from the vehicle. So far I have not refused to pay the additional £700, i have simply asked where in the terms it says they can charge an additional amount six weeks after closing the deal. The 'Purchasers' obligations in the T&C's are to pay the Purchase Price and to collect the vehicle, and we did all of that.

I have just taken a further call from the Dealership who said this can be sorted out as soon as I pay the additional amount. Please can you let me know, do I need to pay the additional amount if I paid the Purchase Price and met all my obligations, and if there is no clause that deals with additional payments becoming due if the Seller later finds they have made an error in the price?

user1977

So there wasn't any previous suggestion of there being an additional charge for the dashcam?

elsien

Was a dash cam included as standard in your initial order or did you ask for it as an optional extra? 

When you signed did you check to see that everything you’d asked for was covered? 

powerful_Rogue

Sunny_smiles said:

Eight weeks ago we collected our new vehicle from the dealership in Birmingham. we were provided with the agreements and forms electronically two days before we collected the vehicle. We signed the New Car Agreement, the Car Purchase Agreement and the Finance Agreement (and trade in vehicle documents) and we provided the cash deposit. At this point we had not seen the vehicle, as it had been ordered from new.

The New Car Agreement had been revised/updated by the Dealership from the original point of order, as they had not provided a clear view mirror we had ordered for the vehicle. We were unaware of this at the time, we were simply provided with the revised New Car Order form and asked to sign it, along with the other agreements.

Two days later we went to the dealership and we provided our car for Trade in and we collected our new vehicle. Six weeks later the Dealership called to ask for an additional payment as they had made a mistake and had not included the cost of the dash cam within the agreements/documents we signed two days before purchase.

They have become aggressive in chasing the additional payment of £700 for the dash cam and even threatened to have it removed from the vehicle. So far I have not refused to pay the additional £700, i have simply asked where in the terms it says they can charge an additional amount six weeks after closing the deal. The 'Purchasers' obligations in the T&C's are to pay the Purchase Price and to collect the vehicle, and we did all of that.

I have just taken a further call from the Dealership who said this can be sorted out as soon as I pay the additional amount. Please can you let me know, do I need to pay the additional amount if I paid the Purchase Price and met all my obligations, and if there is no clause that deals with additional payments becoming due if the Seller later finds they have made an error in the price?

So the dealership made a mistake and forgot to add the £700 additional extra dashcam to the bill. You agree that they have forgot to add it.

As such, the £700 is payable, or return the dashcam. Under English law, they have 6 years to claim this £700.

Sunny_smiles

It was an optional extra that we ordered and it was included in the original car order form. The revised car order form did not include the dash cam (in error) and provided a Purchase Price for the vehicle, the same Purchase price in the finance agreement and the car purchase agreement.

powerful_Rogue

Sunny_smiles said:

It was an optional extra that we ordered and it was included in the original car order form. The revised car order form did not include the dash cam (in error) and provided a Purchase Price for the vehicle, the same Purchase price in the finance agreement and the car purchase agreement.

So you owe the £700.

Sunny_smiles

so then what is the point of the binding agreements when you purchase a new vehicle, if an error is made, then the price can change, even though there is no mechanism in the T&C's to address this?

The_Fat_Controller

You need to pay for it if you want to keep it.

It was a genuine mistake which you yourself have acknowledged.

powerful_Rogue

Sunny_smiles said:

so then what is the point of the binding agreements when you purchase a new vehicle, if an error is made, then the price can change, even though there is no mechanism in the T&C's to address this?

Would you have the same attitude if they had accidentally over charged you £700?

There doesn't need to be a mechanism in the T&C's - They have six years under English law to claim the £700.

user1977

They're entitled to correct the error.

What do you think the position ought to be if they had overcharged you by £700 in error?

Sunny_smiles

We took advice and have been told the request for the additional money is a breach of contract under common law, as the documents were agreed and signed.