We Buy any Car - Changing their mind

HillStreetBlues

Grumpy_chap said:

HillStreetBlues said:

@Grumpy_chap
The OP didn't give any incorrect info
OP has a old look car, and sold it as such, unbeknownst to him, WBAC though they were buying the new look (worth more) The OP hasn't at any stage said it was the new look. WBAC just used faulty info not supplied by OP.
After noticing their error, WBAC wants to back out of agreed deal.

Thanks.
I think, reading my post as a whole, I think it is clear that I did not say the OP had given incorrect information.

I was trying to give a postulation as to how that might have happened and the OP not necessarily realised / recalled.

It was actually taken from my experience of obtaining car insurance - when I enter my car registration, the insurance systems return a car that is "nearly" my car and I then have to select the car manually.  It is a subtle difference and, if I were in a hurry, it would be easy to read the description that auto-returns and tick box "yes, that's my car" incorrectly.  In fact, the bit that is "incorrect" in the auto-return result is right at the last couple of characters and not even always visible on some insurance sites unless hovering over the box to ring up the full text.  I did, at first, just "tick box" until I realised the discrepancy.
It is not beyond plausible that the WBAC site could work in a similar manner.  I think the OP said the only difference in the model reference between the old and the new is an "M" somewhere towards the end.

I do think it is helpful to the OP to have any possibility where a "misrepresentation" by the OP could have happened, even unintentionally, as it allows that to be understood by the OP and considered if taking legal action.

I also think it would appear that this type of event likely did not occur.  If it had occured, WBAC would have said to the OP "we identified your car as a version 6.4.2 and you confirmed that as correct but we now find your car is a version 6.4.1".  WBAC have not said that but referred to an incorrect HPI CAP ID (whatever that is) as the reason for the change of valuation.  This is entirely the fault of WBAC (or their agent / sub-contractor) and not the OP.  

I agree, best to cover all avenues.
The OP does need to find out the clause WBAC want to use to get out of the contract, as this will narrow the scope to concentrate on.

Bmd1989

Thank you everyone, I’m appreciated for both views. I’m not here to want people to agree with me. I’m wanting honest views which I have had. All views really do help, I’ve never been in this situation.

I can get my car dropped off and carry on tomorrow. It’s just the common courtesy and professionalism from a high end company which I’ve been slapped in the face with. WBAC organised for my car to be dropped off at my home address with no tax and insurance on a public road, while being at work. Feels like a quick accept and cover up to me. This isn’t a back street garage. Thats me accepting their mistake at my expense. That’s why I delayed, I googled keepers and there is an extra one on my logbook now, that decreases value I don’t care what anyone says. After kicking up a fuss they offered me ‘a good will gesture’ they didn’t offer me this before me explaining my insurance, my tax and my logbook. This changed my view and I become stubborn with it. I felt they covered it up by quickly dropping my car off. It’s wrong in my opinion and I would think the same for anyone else. 

HillStreetBlues

Bmd1989 said:

I’m not here to want people to agree with me.

This forum is certainly no echo chamber, we give our honest personal views, whether an OP likes it or not.

Exodi

HillStreetBlues said:

Bmd1989 said:

I’m not here to want people to agree with me.

This forum is certainly no echo chamber, we give our honest personal views, whether an OP likes it or not.

Indeed, I've lost count of the amount of first time posters coming to this forum creating threads which boil down to "this is what I'm doing, tell me I'm 100% in the right" who when leave in a fit of blind rage when people disagree with them - "I thought this forum was supposed to be on the consumers side, but I guess I was mistaken!", "You must all work for the banks!", etc.

I think it's quite admirable how level-headed the OP is to be honest. Kudos to you.

Bmd1989 said:

Thank you everyone, I’m appreciated for both views. I’m not here to want people to agree with me. I’m wanting honest views which I have had. All views really do help, I’ve never been in this situation.

I can get my car dropped off and carry on tomorrow. It’s just the common courtesy and professionalism from a high end company which I’ve been slapped in the face with. WBAC organised for my car to be dropped off at my home address with no tax and insurance on a public road, while being at work. Feels like a quick accept and cover up to me. This isn’t a back street garage. Thats me accepting their mistake at my expense. That’s why I delayed, I googled keepers and there is an extra one on my logbook now, that decreases value I don’t care what anyone says. After kicking up a fuss they offered me ‘a good will gesture’ they didn’t offer me this before me explaining my insurance, my tax and my logbook. This changed my view and I become stubborn with it. I felt they covered it up by quickly dropping my car off. It’s wrong in my opinion and I would think the same for anyone else. 

Are you saying that without your agreement, WBAC have now dumped the car outside your house and are unilaterally just signing it back over to you?

sheramber

Does the fact that the invoice for the sale refers to  a Competion M , but the car involved is not a Competition M , change anything?

Should CAP/HPI not have some responsibility for the wrong information being supplied?

Wonka_2

sheramber said:

Does the fact that the invoice for the sale refers to  a Competion M , but the car involved is not a Competition M , change anything?

Should CAP/HPI not have some responsibility for the wrong information being supplied?

This might be critical - if the OP has missed the added 'M' that's bee drawn down from the CAP database then it maybe weakens the case but if the OP has signed off on the correct designation and WBAC have then attributed the CAP description afterwards then OP has no responsibility and should push on the basis.

That said £10k is an awful lot for an 'M'

Grumpy_chap

I am currently convinced that the OP should receive the full payment and WBAC take ownership of the car.

Ideally, that would mean the OP refuses to accept the car back.

It now seems that WBAC (or someone) has parked the car in the road near to where the OP lives while the OP was out at work. No idea where the keys / V5, etc all are for the car.

The OP does not have the car insured.
The OP has not arranged VED for the car.

The OP then suggested they will return the car back to WBAC - not sure how this would be done with the car belonging to someone else.

Who is responsible for this car and any damage while the car sits in the road untaxed and uninsured?

This is far bigger than the threads about "I bought a toaster online, the courier left it on the doorstep and some lowlife walked off with it, who pays?"

sheramber said:

Does the fact that the invoice for the sale refers to  a Competion M , but the car involved is not a Competition M , change anything?

Should CAP/HPI not have some responsibility for the wrong information being supplied?

I am not sure that the paperwork did reference the incorrect car.  I may have missed a comment in that regard.  Perhaps the OP can confirm.
If the paperwork did state the incorrect car, it could make a difference, especially if WBAC tried to rely on "misrepresentation".

I do think that HPI should carry some liability.  For the OP, HPI are only a service provider to WBAC so irrelevant.

Has the OP asked, and received an answer, to the question suggested upthread "Under which clause of the contract are WBAC seeking to cancel the contract?"


EDIT:

Wonka_2 said:

This might be critical - if the OP has missed the added 'M' that's bee drawn down from the CAP database then it maybe weakens the case but if the OP has signed off on the correct designation and WBAC have then attributed the CAP description afterwards then OP has no responsibility and should push on the basis.

That said £10k is an awful lot for an 'M'

The paperwork the OP posted right back on page 1 does not seem to include the second "M".
AIUI, the OP's car is an M4 Competition and the revised model would be an M4 Competition M

Bmd1989 said:

ArbitraryRandom

Grumpy_chap said:

It now seems that WBAC (or someone) has parked the car in the road near to where the OP lives while the OP was out at work. No idea where the keys / V5, etc all are for the car.

I'm not clear that is what happened - I think (happy to be corrected by the OP) that WBAC arranged/wanted to arrange for it to be returned, but the OP refused the offer/told them not to.

Based on "I can get arrange... WBAC organised... That’s why I delayed" and the earlier screen shots of the car in the middle of a lot of other cars on a lot somewhere and this apparently being before the offer of compensation being made/ OP saying they had no idea what condition the car was in/if it was being damaged as far as thread chronology goes.

But if the car was just left without notice, then the OP needs to document this by contacting WBAC and advising they have not accepted the return/do not take responsibility for the car, the car is not taxed/insured, and it has been left by WBAC in an unsecured location. 

Grumpy_chap

ArbitraryRandom said:

Grumpy_chap said:

It now seems that WBAC (or someone) has parked the car in the road near to where the OP lives while the OP was out at work. No idea where the keys / V5, etc all are for the car.

I'm not clear that is what happened - I think (happy to be corrected by the OP) that WBAC arranged/wanted to arrange for it to be returned, but the OP refused the offer/told them not to.

Based on "I can arrange... WBAC organised... That’s why I delayed" and the earlier screen shots of the car in the middle of a lot of other cars on a lot somewhere and this apparently being before the offer of compensation being made/ OP saying they had no idea what condition the car was in/if it was being damaged as far as thread chronology goes.

But if the car was just left without notice, then the OP needs to document this by contacting WBAC and advising they have not accepted the return/do not take responsibility for the car, the car is not taxed/insured, and it has been left by WBAC in an unsecured location. 

I hope that you are correct and I am wrong.
The paragraph made reference to "can arrange" future tense and then also "car was dropped off" past tense.  I am not looking to critique grammar, but I am not the only one to have read with a query over understanding (my bold):

Bmd1989 said:

I can get my car dropped off and carry on tomorrow. It’s just the common courtesy and professionalism from a high end company which I’ve been slapped in the face with. WBAC organised for my car to be dropped off at my home address with no tax and insurance on a public road, while being at work. Feels like a quick accept and cover up to me. This isn’t a back street garage. Thats me accepting their mistake at my expense. That’s why I delayed, I googled keepers and there is an extra one on my logbook now, that decreases value I don’t care what anyone says. After kicking up a fuss they offered me ‘a good will gesture’ they didn’t offer me this before me explaining my insurance, my tax and my logbook. This changed my view and I become stubborn with it. I felt they covered it up by quickly dropping my car off. It’s wrong in my opinion and I would think the same for anyone else. 

Exodi said:

Are you saying that without your agreement, WBAC have now dumped the car outside your house and are unilaterally just signing it back over to you?

ArbitraryRandom

I'm hoping it's the OP expressing frustration that WBAC tried to drop it off quickly to cover up the mistake - but we might have to wait for the OP to back from work this evening to find out for sure... like an episode of corrie ending on a cliffhanger