We Buy any Car - Changing their mind

HillStreetBlues

ArbitraryRandom said:

As I've said, I respect your confidence... I'm just well aware that, when it comes to interpretation of contracts (including implied contracts when there's no or ambiguous/unfair written T&Cs), it's often not as clear cut as you might think once it actually gets to court  

Some contacts are a nightmare, very specialised and certainly need legal advice.
The OP links to the T&C's of the contract they were given (WBAC can't add more after the fact) as if OP has been honest with them I just don't see a get out clause for WBAC..
I could be wrong but basing my view on what I've read rather than some unknown factor..

Bmd1989

I’ve just got out the bath after a long day at work. I’ll have a read, I do appreciate all comments. I’m a reasonable guy, I just want to know thoughts and where I stand and all of you have helped a lot. Thank you! 

I still haven’t heard anything on their side of the fence by the way. 

Desmond_Hume

I don’t think it’s been asked (but there is 11 pages and I may have missed it) but, the car isn’t a Cat N or Cat S?

Bmd1989

Absolutely not. 

KM20 BPE 

Take as you will, it could be in the street I have nothing to hide. 

Grumpy_chap

Alderbank said:

• what evidence is there that in this specific case none of the above representations are (or are likely to be) inaccurate, untrue or false (a matter of facts)?

Again, the OP has been asked upthread and declined to respond to the query as to whether there is anything WBAC would have found once they had the car that they were not advised of or able to find in advance of purchase.

Taken as a simple case, WBAC are the professionals. 
WBAC valued the car at £43k online and confirmed that valuation when the car was presented for inspection.
The OP accepted WBAC's offer and transferred the car to WBAC in exchange for the consideration of £43k.
That is everything that requires a contract.
WBAC should honour the contract.
WBAC have not honoured the contract and are therefore in breach.  

The reluctance of the OP to respond to any questions that might indicate something more to this than the OP is sharing tends, in my mind, to give some strength that there is important detail that varies the apparently simple situation.

On the other hand, the OP advises that WBAC offered to return the car back and pay some "compensation" which might indicate that WBAC know they are in the wrong here.

Bmd1989

There you go. Like I said before they said they evaluated for the newer car shape and not my car. 

the newer model is classed as an M4 competition M, my car is not classed as an ‘M’ and the information is correct when carrying out my own checks. My one is just like the one below. Again I think their reason is !!!!!!. When buying it, I never over paid due to being established as wrong. Maybe I’m in the wrong.. im not in the car trade, I think their system isn’t correct and I’m taking the punch somewhere down the line for it. 

Same as my car, the car they’re trying to say they thought it was is a 60k car, in my opinion that still doesn’t tally up regarding profit, that would be a 20k+ profit! There is a rabbit off, hence approaching MSE for views and trying to fight this, otherwise I’d take my keys and carry on like I was last week but now leaving me in the situation like they have, I’m disappointed, last week this car was in my garage and my pride and joy, now its out of my control and could be in any state due to their f*ck up. 

HillStreetBlues

Did you know the CAP ID was incorrect?

Bmd1989

There is crash in markets for cars, same as houses. Cars are worth just as much houses, I still personally think it’s due to their system didn’t match the current state, I saw a book price for my car a couple months back and the car went up in value, by a lot! I’m not saying it would sell at that price, I’m sure traders know the price of a car just by knowing the make and model over the phone rather than an online tally. How I can only imagine the collated values work is via the web is works by cars being sold at a rate.. It could be someone out there that paid an extortion amount on my car stamp which bumped the prices up which changed it site wide, and it literally did! I saw it I was like wow! How? I only paid X amount. 

Their system wasnt correct and their back tracking at my expense. I was all up for recollecting my car but as soon as the lady replied regarding new keepers and my car is parked in an unknown location and out of my control I thought no bloody chance! It’s not on

Bmd1989

I have no idea what a CAP ID was mate! 

Okell

HillStreetBlues said:

ArbitraryRandom said:

Exodi said:

eskbanker said:

Bmd1989 said:

Also that means my car has dropped in price 2k month over 6 months of ownership.. That’s just wrong surly? 

Why would that be inherently wrong, when by your own admission the prices crashed recently?  You also need to factor in the WBAC margin, i.e. even if you sold to them the day after you bought, you shouldn't expect their offered price to be anywhere close to what you'd paid for it....

This. This point keeps being missed time and time and time again in this thread.

Even if the car is worth £44k or whatever at a dealer or on Auto Trader or whatever- WBAC WOULD NOT OFFER TO BUY A CAR FOR RETAIL PRICE. I really don't understand how people keep missing this. They need to make a margin on the car, and you can expect it will be a significant one. It also has one more owner than when the OP bought it.

We aren't missing it - WBAC made a mistake, no one is disputing that. 

It's just a secondary issue to if the contract is enforceable, given the mistake was only noticed AFTER two valuations and the contract was signed by both parties, or if WBAC have a right to void it. 

So the relevance is limited to if WBAC argue the mistake was genuine and 'should have been obvious' - whereas the OP can argue their status as an uninformed consumer as they point to the repeated valuation opportunities, other valuations for similar vehicles, and the recent significant fluctuations in the value of second hand cars... 

If the OP and WBAC can't settle this between themselves, I'd be hard pressed to pick a side which would win in court. 

... If I see a £1000 watch in shop marked up as £1. I can go in a offer a £1 for that watch, if the retailer sees the mistake the retailer can refuse the sale. If the retailer fails to notices it and accepts my £1, item is sold.
If I then go to walk out and retailer notices their mistake and wants to void contract, it's too late unless I agree to it. I do not have to return watch for a £1.

HillStreetBlues said:

Okell said:

HillStreetBlues said:

ArbitraryRandom said:

Exodi said:

eskbanker said:

Bmd1989 said:

Also that means my car has dropped in price 2k month over 6 months of ownership.. That’s just wrong surly? 

Why would that be inherently wrong, when by your own admission the prices crashed recently?  You also need to factor in the WBAC margin, i.e. even if you sold to them the day after you bought, you shouldn't expect their offered price to be anywhere close to what you'd paid for it....

This. This point keeps being missed time and time and time again in this thread.

Even if the car is worth £44k or whatever at a dealer or on Auto Trader or whatever- WBAC WOULD NOT OFFER TO BUY A CAR FOR RETAIL PRICE. I really don't understand how people keep missing this. They need to make a margin on the car, and you can expect it will be a significant one. It also has one more owner than when the OP bought it.

We aren't missing it - WBAC made a mistake, no one is disputing that. 

It's just a secondary issue to if the contract is enforceable, given the mistake was only noticed AFTER two valuations and the contract was signed by both parties, or if WBAC have a right to void it. 

So the relevance is limited to if WBAC argue the mistake was genuine and 'should have been obvious' - whereas the OP can argue their status as an uninformed consumer as they point to the repeated valuation opportunities, other valuations for similar vehicles, and the recent significant fluctuations in the value of second hand cars... 

If the OP and WBAC can't settle this between themselves, I'd be hard pressed to pick a side which would win in court. 

OP will win. It won't matter if there was a glitch with the price.
If I see a £1000 watch in shop marked up as £1. I can go in a offer a £1 for that watch, if the retailer sees the mistake the retailer can refuse the sale. If the retailer fails to notices it and accepts my £1, item is sold.
If I then go to walk out and retailer notices their mistake and wants to void contract, it's too late unless I agree to it. I do not have to return watch for a £1.

Are you certain of that?  Why couldn't it be a unilateral mistake by the seller?

https://www.expertanswers.co.uk/solicitors-advice/price-glitch-laws/

Price Glitch Item Purchased

When pricing errors are made and you have bought an incorrectly priced item, you are under no legal obligation to give the product back. There is only one situation in which the supplier can request additional money from you after purchase and this applies when there has been some discussion about the correct price of the item before you bought it.

If you see a watch for sale for £1 and (a) you know* it's worth £1000 and (b) the retailer has mistakenly priced it at £1, it's not immediately obvious to me why the seller wouldn't be able to void it as a unilateral mistake regardless of whether they had already "accepted" your offer.  Certainly when I was taught this stuff unilateral mistake could apply to pricing errors, and I can't see why it couldn't apply to your example.

I'm not sure precisely what expetanswers mean by a "price glitch" but I'm not convinced it covers your scenario.

Also, I'm not sure it can be right that "... There is only one situation in which the supplier can request additional money from you after purchase and this applies when there has been some discussion about the correct price of the item before you bought it."   What does that even mean?  It seems counterintuitive that a seller could retrospectively demand a higher purchase price in the situation where the price had previously been discussed - and presumably agreed on an informed basis - rather than in the situation where price had not been previously discussed at all.


*Of course, if you mean that you don't know - or shouldn't reasonably know - that the watch is worth £1000 and not £1, then there is no unilateral mistake and the contract is valid.  It depends on what you know, or ought reasonably to know