Car Dealership asking for additional payment 6 weeks after car collected

diystarter7

It tha was my car, I'd be a bit ticked off for a split second and then decide if I wanted the cam at 700 quid. I offer them half to keep the cam or they can come to my address and take the cam. Anyone can make a mistake and it is just that a mistake.

OP, to be clear, when you bought the car was the dash cam in the price or did they forget to add the addition. If its a genuine mistake as it appears return the cam or seek a small discount.

sheramber

Manxman_in_exile said:

powerful_Rogue said:

unholyangel said:

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?

looks like it

It became apparent some 6 weeks later, to the dealership, the dash cam had been forgotten on the agreements,

Jenni_D

sheramber said:

Manxman_in_exile said:

powerful_Rogue said:

unholyangel said:

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?

looks like it

It became apparent some 6 weeks later, to the dealership, the dash cam had been forgotten on the agreements,

... but not on the price (from the OP's perspective).

Now perhaps the dealer got the price wrong on the original contract, but that's a separate issue.

born_again

diystarter7 said:

It tha was my car, I'd be a bit ticked off for a split second and then decide if I wanted the cam at 700 quid. I offer them half to keep the cam or they can come to my address and take the cam. Anyone can make a mistake and it is just that a mistake.

OP, to be clear, when you bought the car was the dash cam in the price or did they forget to add the addition. If its a genuine mistake as it appears return the cam or seek a small discount.

From OP
 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.

Jenni_D

born_again said:

diystarter7 said:

It tha was my car, I'd be a bit ticked off for a split second and then decide if I wanted the cam at 700 quid. I offer them half to keep the cam or they can come to my address and take the cam. Anyone can make a mistake and it is just that a mistake.

OP, to be clear, when you bought the car was the dash cam in the price or did they forget to add the addition. If its a genuine mistake as it appears return the cam or seek a small discount.

From OP
 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.

But it had been included in the previous purchase agreement (supposedly) and the overall price was (essentially) unchanged in the subsequent agreement. So the OP wouldn't necessarily have noticed the discrepancy, especially in a pressured environment:

Sunny_smiles said:

no i did not notice, the first car order form included the deduction of the deposit and the second did not include this, so i did not go through the list of items, but the figure was about £10 difference and they told me it was due to the RFL, they sent me about 15 forms to sign and i was under pressure to get this done and pay them, otherwise they would not be able to register the car ready for collection two days later.

sheramber

Jenni_D said:

born_again said:

diystarter7 said:

It tha was my car, I'd be a bit ticked off for a split second and then decide if I wanted the cam at 700 quid. I offer them half to keep the cam or they can come to my address and take the cam. Anyone can make a mistake and it is just that a mistake.

OP, to be clear, when you bought the car was the dash cam in the price or did they forget to add the addition. If its a genuine mistake as it appears return the cam or seek a small discount.

From OP
 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.

But it had been included in the previous purchase agreement (supposedly) and the overall price was (essentially) unchanged in the subsequent agreement. So the OP wouldn't necessarily have noticed the discrepancy, especially in a pressured environment:

Sunny_smiles said:

no i did not notice, the first car order form included the deduction of the deposit and the second did not include this, so i did not go through the list of items, but the figure was about £10 difference and they told me it was due to the RFL, they sent me about 15 forms to sign and i was under pressure to get this done and pay them, otherwise they would not be able to register the car ready for collection two days later.

How many agreements were there as the op said it had been forgotten  on the agreements plural.

longjohnjohnson

sheramber said:

Jenni_D said:

born_again said:

diystarter7 said:

It tha was my car, I'd be a bit ticked off for a split second and then decide if I wanted the cam at 700 quid. I offer them half to keep the cam or they can come to my address and take the cam. Anyone can make a mistake and it is just that a mistake.

OP, to be clear, when you bought the car was the dash cam in the price or did they forget to add the addition. If its a genuine mistake as it appears return the cam or seek a small discount.

From OP
 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.

But it had been included in the previous purchase agreement (supposedly) and the overall price was (essentially) unchanged in the subsequent agreement. So the OP wouldn't necessarily have noticed the discrepancy, especially in a pressured environment:

Sunny_smiles said:

no i did not notice, the first car order form included the deduction of the deposit and the second did not include this, so i did not go through the list of items, but the figure was about £10 difference and they told me it was due to the RFL, they sent me about 15 forms to sign and i was under pressure to get this done and pay them, otherwise they would not be able to register the car ready for collection two days later.

How many agreements were there as the op said it had been forgotten  on the agreements plural.

Three, but I imagine only one of them had an "itemised bill."

unholyangel

sheramber said:

Manxman_in_exile said:

powerful_Rogue said:

unholyangel said:

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?

looks like it

It became apparent some 6 weeks later, to the dealership, the dash cam had been forgotten on the agreements,

Well no, because:

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

Plus, they delivered a car that included it. Thereby indicating the agreement was for the cam to be included. 

unholyangel

I'd also note that, unless the total price could not be calculated in advance, the dealer needs to give the total price, or how it will be calculated. 

And that no change can take place to that information, before or after the contract is entered into, unless expressly agreed between the trader and consumer. 

Courtesy of Consumer Contract Regulations and the information in schedule 1, regarding on premises contracts. 

m0bov

£700 for a dash cam!!