(under) Payment Legality

tightauldgit

exe76 said:

Alderbank said:

It's extremely common,almost universal, to pay an initial deposit to secure the car followed by the balance when collecting it. In fact on this site we recommend paying the deposit with a credit card if possible, in order to gain s75 protection.

It seems like the salesman assumed the buyer of a £20,000+ car had already paid £1,000 deposit hence his mistake.

But as everyone has said, the amount you owe is the amount you agreed in the contract.

I paid £99.99 to secure the car which was £22,200.00

When he subsequently sent me payment details a couple of days later, he indicated the "outstanding balance" was £21,101.01 which I paid in 2 installments - £20,000.00 and £1,101.01 as the bank has a max payment of £20,000.00

I didn't pay attention to the deficiency between the "outstanding balance" and the contract

I then sent him copies of the payments to the bank, plus an email explaining the two payments I had made

He replied saying he had checked and payment was complete.

For all intents and purposes, we could have had a conservation prior to payment where he agreed to reduce the price which he confirmed in the email.

Yes just like when I try to walk out the Apple Store with an iPad I haven't paid for - I COULD have had a conversation with the store manager saying I could just take one and not pay for it. The question is DID I have such a conversation?

exe76

tightauldgit said:

exe76 said:

Alderbank said:

It's extremely common,almost universal, to pay an initial deposit to secure the car followed by the balance when collecting it. In fact on this site we recommend paying the deposit with a credit card if possible, in order to gain s75 protection.

It seems like the salesman assumed the buyer of a £20,000+ car had already paid £1,000 deposit hence his mistake.

But as everyone has said, the amount you owe is the amount you agreed in the contract.

I paid £99.99 to secure the car which was £22,200.00

When he subsequently sent me payment details a couple of days later, he indicated the "outstanding balance" was £21,101.01 which I paid in 2 installments - £20,000.00 and £1,101.01 as the bank has a max payment of £20,000.00

I didn't pay attention to the deficiency between the "outstanding balance" and the contract

I then sent him copies of the payments to the bank, plus an email explaining the two payments I had made

He replied saying he had checked and payment was complete.

For all intents and purposes, we could have had a conservation prior to payment where he agreed to reduce the price which he confirmed in the email.

Yes just like when I try to walk out the Apple Store with an iPad I haven't paid for - I COULD have had a conversation with the store manager saying I could just take one and not pay for it. The question is DID I have such a conversation?

One of the worst analogies I've ever heard

It would be like seeing an iPad with a price tag of £899.99. Agreeing to purchase it with the sales rep

Him ringing it through, in error at £799.99 - you paying, being thanked, and given the item.

4 Months later the Apple Store email you to say they found a deficiency.

user1977

exe76 said:

tightauldgit said:

exe76 said:

Alderbank said:

It's extremely common,almost universal, to pay an initial deposit to secure the car followed by the balance when collecting it. In fact on this site we recommend paying the deposit with a credit card if possible, in order to gain s75 protection.

It seems like the salesman assumed the buyer of a £20,000+ car had already paid £1,000 deposit hence his mistake.

But as everyone has said, the amount you owe is the amount you agreed in the contract.

I paid £99.99 to secure the car which was £22,200.00

When he subsequently sent me payment details a couple of days later, he indicated the "outstanding balance" was £21,101.01 which I paid in 2 installments - £20,000.00 and £1,101.01 as the bank has a max payment of £20,000.00

I didn't pay attention to the deficiency between the "outstanding balance" and the contract

I then sent him copies of the payments to the bank, plus an email explaining the two payments I had made

He replied saying he had checked and payment was complete.

For all intents and purposes, we could have had a conservation prior to payment where he agreed to reduce the price which he confirmed in the email.

Yes just like when I try to walk out the Apple Store with an iPad I haven't paid for - I COULD have had a conversation with the store manager saying I could just take one and not pay for it. The question is DID I have such a conversation?

One of the worst analogies I've ever heard

It would be like seeing an iPad with a price tag of £899.99. Agreeing to purchase it with the sales rep

Him ringing it through, in error at £799.99 - you paying, being thanked, and given the item.

4 Months later the Apple Store email you to say they found a deficiency.

Which would be the same legal position as your own.

exe76

user1977 said:

exe76 said:

tightauldgit said:

exe76 said:

Alderbank said:

It's extremely common,almost universal, to pay an initial deposit to secure the car followed by the balance when collecting it. In fact on this site we recommend paying the deposit with a credit card if possible, in order to gain s75 protection.

It seems like the salesman assumed the buyer of a £20,000+ car had already paid £1,000 deposit hence his mistake.

But as everyone has said, the amount you owe is the amount you agreed in the contract.

I paid £99.99 to secure the car which was £22,200.00

When he subsequently sent me payment details a couple of days later, he indicated the "outstanding balance" was £21,101.01 which I paid in 2 installments - £20,000.00 and £1,101.01 as the bank has a max payment of £20,000.00

I didn't pay attention to the deficiency between the "outstanding balance" and the contract

I then sent him copies of the payments to the bank, plus an email explaining the two payments I had made

He replied saying he had checked and payment was complete.

For all intents and purposes, we could have had a conservation prior to payment where he agreed to reduce the price which he confirmed in the email.

Yes just like when I try to walk out the Apple Store with an iPad I haven't paid for - I COULD have had a conversation with the store manager saying I could just take one and not pay for it. The question is DID I have such a conversation?

One of the worst analogies I've ever heard

It would be like seeing an iPad with a price tag of £899.99. Agreeing to purchase it with the sales rep

Him ringing it through, in error at £799.99 - you paying, being thanked, and given the item.

4 Months later the Apple Store email you to say they found a deficiency.

Which would be the same legal position as your own.

And presumably you would then pay it?

screech_78

exe76 said:

user1977 said:

exe76 said:

tightauldgit said:

exe76 said:

Alderbank said:

It's extremely common,almost universal, to pay an initial deposit to secure the car followed by the balance when collecting it. In fact on this site we recommend paying the deposit with a credit card if possible, in order to gain s75 protection.

It seems like the salesman assumed the buyer of a £20,000+ car had already paid £1,000 deposit hence his mistake.

But as everyone has said, the amount you owe is the amount you agreed in the contract.

I paid £99.99 to secure the car which was £22,200.00

When he subsequently sent me payment details a couple of days later, he indicated the "outstanding balance" was £21,101.01 which I paid in 2 installments - £20,000.00 and £1,101.01 as the bank has a max payment of £20,000.00

I didn't pay attention to the deficiency between the "outstanding balance" and the contract

I then sent him copies of the payments to the bank, plus an email explaining the two payments I had made

He replied saying he had checked and payment was complete.

For all intents and purposes, we could have had a conservation prior to payment where he agreed to reduce the price which he confirmed in the email.

Yes just like when I try to walk out the Apple Store with an iPad I haven't paid for - I COULD have had a conversation with the store manager saying I could just take one and not pay for it. The question is DID I have such a conversation?

One of the worst analogies I've ever heard

It would be like seeing an iPad with a price tag of £899.99. Agreeing to purchase it with the sales rep

Him ringing it through, in error at £799.99 - you paying, being thanked, and given the item.

4 Months later the Apple Store email you to say they found a deficiency.

Which would be the same legal position as your own.

And presumably you would then pay it?

It’s up to you if you pay it. 

If you don’t, they have the right to pursue it through the courts. There’s a signed agreement stating a figure and that’s what you agreed to pay. 

These threads are always the same. Only wanting people to tell them how to get away with not paying. Mistakes happen, thankfully the law allows for it. 

born_again

exe76 said:

For all intents and purposes, we could have had a conservation prior to payment where he agreed to reduce the price which he confirmed in the email.

Which you know you did not, or this thread would be moot.

tightauldgit

exe76 said:

tightauldgit said:

exe76 said:

Alderbank said:

It's extremely common,almost universal, to pay an initial deposit to secure the car followed by the balance when collecting it. In fact on this site we recommend paying the deposit with a credit card if possible, in order to gain s75 protection.

It seems like the salesman assumed the buyer of a £20,000+ car had already paid £1,000 deposit hence his mistake.

But as everyone has said, the amount you owe is the amount you agreed in the contract.

I paid £99.99 to secure the car which was £22,200.00

When he subsequently sent me payment details a couple of days later, he indicated the "outstanding balance" was £21,101.01 which I paid in 2 installments - £20,000.00 and £1,101.01 as the bank has a max payment of £20,000.00

I didn't pay attention to the deficiency between the "outstanding balance" and the contract

I then sent him copies of the payments to the bank, plus an email explaining the two payments I had made

He replied saying he had checked and payment was complete.

For all intents and purposes, we could have had a conservation prior to payment where he agreed to reduce the price which he confirmed in the email.

Yes just like when I try to walk out the Apple Store with an iPad I haven't paid for - I COULD have had a conversation with the store manager saying I could just take one and not pay for it. The question is DID I have such a conversation?

One of the worst analogies I've ever heard

It would be like seeing an iPad with a price tag of £899.99. Agreeing to purchase it with the sales rep

Him ringing it through, in error at £799.99 - you paying, being thanked, and given the item.

4 Months later the Apple Store email you to say they found a deficiency.

Well your example doesn't have a fictitious conversation where the employee says it's OK for you to underpay so not really analogous but funnily enough even in your example you'd still owe the shop £100. 

As others have said, if the shoe was on the other foot you wouldn't be accepting of the seller fishing around for reasons why it's actually OK to have overcharged you. 

Mistakes happen. Sometimes in our favour, sometimes against us. But once they are flagged up the right thing to do is correct them. 

As I said, if you really want to chance your arm then if you kick up enough fuss they may decide it's not worth the effort for £1000. But I don't think you're going to get anyone here to tell you that's OK. 

powerful_Rogue

What are you going to do if something goes wrong with the car and you need to exercise your consumer rights or advantage of any warranty?

user1977

exe76 said:

user1977 said:

exe76 said:

tightauldgit said:

exe76 said:

Alderbank said:

It's extremely common,almost universal, to pay an initial deposit to secure the car followed by the balance when collecting it. In fact on this site we recommend paying the deposit with a credit card if possible, in order to gain s75 protection.

It seems like the salesman assumed the buyer of a £20,000+ car had already paid £1,000 deposit hence his mistake.

But as everyone has said, the amount you owe is the amount you agreed in the contract.

I paid £99.99 to secure the car which was £22,200.00

When he subsequently sent me payment details a couple of days later, he indicated the "outstanding balance" was £21,101.01 which I paid in 2 installments - £20,000.00 and £1,101.01 as the bank has a max payment of £20,000.00

I didn't pay attention to the deficiency between the "outstanding balance" and the contract

I then sent him copies of the payments to the bank, plus an email explaining the two payments I had made

He replied saying he had checked and payment was complete.

For all intents and purposes, we could have had a conservation prior to payment where he agreed to reduce the price which he confirmed in the email.

Yes just like when I try to walk out the Apple Store with an iPad I haven't paid for - I COULD have had a conversation with the store manager saying I could just take one and not pay for it. The question is DID I have such a conversation?

One of the worst analogies I've ever heard

It would be like seeing an iPad with a price tag of £899.99. Agreeing to purchase it with the sales rep

Him ringing it through, in error at £799.99 - you paying, being thanked, and given the item.

4 Months later the Apple Store email you to say they found a deficiency.

Which would be the same legal position as your own.

And presumably you would then pay it?

Yes, I don't see why not. I still owe them £100. Now, for £100 there's perhaps less of an economic case for them bothering to recover it than £1000, but the law works the same way.

If you had overpaid by £100 or £1000, would you assume "finders keepers" applies and shrug it off?

RefluentBeans

This is a very strange thread - seems like you’re asking if it’s okay if you commit fraud and say you had a fictitious conversation. It’s not. It’s illegal, and I would strongly advise you to not lie about s conversation that didn’t take place. 

Pay the £1000. Or if you can’t afford to, ask for alternative ways. 

On an aside, if the amount of money discounted through a oral agreement from the written contract, why would you not want to have it written down. 

Of course none of this is legal advice. You could consult a solicitor - but the response will likely be the same, and when you mention that ‘perhaps there was s conversation that I could have had which absolves me’ the meeting probably will be cut short. 

Tl;dr - pay your bill.