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Car Dealership asking for additional payment 6 weeks after car collected

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Comments

  • The_Fat_Controller
    The_Fat_Controller Posts: 2,006 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 1 June 2022 at 3:18PM
    If you want to use them for servicing and any warranty issues it would be a very good idea not to fall out with them.

    Edit : Posted at the same time as your "paint Issue" comment.

    Maybe it's too late and time to find another dealer if you want good service in the future.
  • Sunny_smiles
    Sunny_smiles Posts: 15 Forumite
    10 Posts Name Dropper
    If you want to use them for servicing and any warranty issues it would be a very good idea not to fall out with them.
    we always use a different dealership in Stafford for servicing, unfortunately this Birmingham Dealership have never been very good at aftersales servicing, but always good at purchasing new vehicles ... until now
  • powerful_Rogue
    powerful_Rogue Posts: 8,659 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If you want to use them for servicing and any warranty issues it would be a very good idea not to fall out with them.
    we always use a different dealership in Stafford for servicing, unfortunately this Birmingham Dealership have never been very good at aftersales servicing, but always good at purchasing new vehicles ... until now
    You've apparently got a £700 dashcam system for nothing. In my opinion that's nothing but good service.

  • Sunny_smiles
    Sunny_smiles Posts: 15 Forumite
    10 Posts Name Dropper
    If you want to use them for servicing and any warranty issues it would be a very good idea not to fall out with them.
    we always use a different dealership in Stafford for servicing, unfortunately this Birmingham Dealership have never been very good at aftersales servicing, but always good at purchasing new vehicles ... until now
    You've apparently got a £700 dashcam system for nothing. In my opinion that's nothing but good service.

    Right, but its been a bumpy ride that could have been avoided, hopefully it will be a while before we go through this process again!!
  • powerful_Rogue
    powerful_Rogue Posts: 8,659 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If you want to use them for servicing and any warranty issues it would be a very good idea not to fall out with them.
    we always use a different dealership in Stafford for servicing, unfortunately this Birmingham Dealership have never been very good at aftersales servicing, but always good at purchasing new vehicles ... until now
    You've apparently got a £700 dashcam system for nothing. In my opinion that's nothing but good service.

    Right, but its been a bumpy ride that could have been avoided, hopefully it will be a while before we go through this process again!!

    Indeed, you could have checked the paperwork rather then signing blindly. Good result for you if that is what happened.
  • Tahlullah.H
    Tahlullah.H Posts: 1,234 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    ...If you choose to follow CitA advice, and are taken to court for following incorrect advice, then CitA will have to pay the cost through their insurance.
    Are you certain about that?


    Yes, I am certain.  It would be for him to get a solicitor involved, threaten to start a claim in court etc...  But yes, they have insurance for this type of eventuality.
    What I do not give, you must never take by force.
    Mortgage outstanding - 30/12/22 - £25,900. 31/01/23 - £22,300. 28/02/23 - £20,500. 31/03/23 - £17,500. 30/04/23 - £15,800. 30/05/23 - £13,800. 31/06/23 - £11,300. 31/07/23 - £9,800. 31/08/23 - £8,300. 30/09/23 - £6,000. 31/10/23 - £3,000. 30/11/23 - £1,200. 06/12/23 - £00.00
    God save us everyone, As we burn inside the fire of a thousand suns, For the sins of our hands, The sins of our tongues, The sins of our fathers, The sins of our young.
    Linkin Park
  • pinkshoes
    pinkshoes Posts: 20,680 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I hope the poor salesperson that made the mistake hasn't been given the £700 bill now they're saying you don't have to pay...


    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • unholyangel
    unholyangel Posts: 16,866 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If you agree a price and form a contract based on that price, it is legally binding. A unilateral mistake is an obvious one that was known, or should have been known. £700 off the total price for a car that seemingly had a few additional extras included may not have been obvious. 

    Plus if you claim unilateral mistake, the effect is the contract never existed. That means the OP would get any money back that they have paid, and the dealer would get their car back (which has probably depreciated by more than their wholesale cost of the £700 addition).

    It doesn't mean the dealer gets to vary the terms while the consumer remains legally bound to whatever variation the dealer deems appropriate. 

    You don't get to cancel or vary a contract just because you're not going to make as much profit as you intended/anticipated. 
    You keep using that word. I do not think it means what you think it means - Inigo Montoya, The Princess Bride
  • powerful_Rogue
    powerful_Rogue Posts: 8,659 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If you agree a price and form a contract based on that price, it is legally binding. A unilateral mistake is an obvious one that was known, or should have been known. £700 off the total price for a car that seemingly had a few additional extras included may not have been obvious. 

    Plus if you claim unilateral mistake, the effect is the contract never existed. That means the OP would get any money back that they have paid, and the dealer would get their car back (which has probably depreciated by more than their wholesale cost of the £700 addition).

    It doesn't mean the dealer gets to vary the terms while the consumer remains legally bound to whatever variation the dealer deems appropriate. 

    You don't get to cancel or vary a contract just because you're not going to make as much profit as you intended/anticipated. 

    But the contract didn't include the dashcam.
  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    edited 2 June 2022 at 6:09PM
    If you agree a price and form a contract based on that price, it is legally binding. A unilateral mistake is an obvious one that was known, or should have been known. £700 off the total price for a car that seemingly had a few additional extras included may not have been obvious. 

    Plus if you claim unilateral mistake, the effect is the contract never existed. That means the OP would get any money back that they have paid, and the dealer would get their car back (which has probably depreciated by more than their wholesale cost of the £700 addition).

    It doesn't mean the dealer gets to vary the terms while the consumer remains legally bound to whatever variation the dealer deems appropriate. 

    You don't get to cancel or vary a contract just because you're not going to make as much profit as you intended/anticipated. 

    But the contract didn't include the dashcam.
    But is it that cut and dried?

    One interpretation is that the OP orders a car including a £700 optional dash cam for a total price of - let's say - £23,000.

    When it comes to finalising the paperwork the OP doesn't check the detail as diligently as they should have done, but notices a small discrepancy (+/- £10) on what they consider the agreed price.  The OP queries the price difference compared to the original order and is told by the dealer that it's because of a change in road fund licence.  Nothing else is mentioned

    What appears to have happened is that both parties have made mistakes. 

    The dealer has wrongly omitted the optional dashcam from the final paperwork - despite the fact that the car actually has a dashcam fitted as the OP had originally ordered.  But it would appear that in addition to omitting the dashcam from the detail of fitted options in the final paperwork, the dealer also failed to make a corresponding reduction in price on the final paperwork to reflect their mistaken belief that no dashcam was fitted.  Thus on the paperwork as supplied to the OP there is nothing to suggest that it does not include everything that he originally ordered because the two prices approximately correspond (+/-£10).  There is certainly nothing to suggest that the car he is buying has a £700 dashcam fitted that he isn't paying for.  

    And yes - the OP made a mistake in not double checking the detail on the final paperwork, but the price he was paying corresponded almost exactly to what he thought he was buying - including the dashcam.  So it seems to me that he has paid for the dashcam

    If the dealer has held their hands up and acknowledged that it's their problem, then that seems a fair result to me.

    However, if the OP got a car with a dashcam fitted but ended up paying £700 LESS than they thought they were going to pay, then I'd be inclined to agree that they still owed the dealer £700.  But that isn't what the OP says has happened...
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