We Buy any Car - Changing their mind

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  • HillStreetBlues
    HillStreetBlues Posts: 3,196 Forumite
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    edited 15 January at 8:03PM
    pinkshoes said:
    This is sounding much more like an admin error and mistake, so you might end up needing some sort of contract law specialist. The difference in value and valuation are such a long way out that a court would likely view this as an obvious mistake. 
    Maybe... but WBAC would need to explain why the online valuation AND the in person assessment both made the same mistake (and if any part of that was the OP's fault). 

    I'd suggest (without prejudice) a settlement somewhere in the middle... otherwise it's the kind of thing well suited to a paper judgement, so at least if it does get to court it should be comparatively 'cheap'.
    IF WBAC have made mistake that's down to them, just like if you bought something in a shop and then walked past another shop selling item 50% cheaper, so it's down to your last bit, did the OP provide any information that was false.

    Let's Be Careful Out There
  • pinkshoes
    pinkshoes Posts: 20,074 Forumite
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    Bmd1989 said:
    Sorry I’ve been at work. 

    Okay, so this car a month ago was actually selling for more than what I paid for it, and there has been a crash in the market with the new year passing, I believe personally, their quotes was prior to the crash in market and now they’ve figured that out. 

    Now, this is their mistake and not mine.c if their system has failed them why should I take the punch for it? My car could be in any state, when that car was in showroom condition and all I wanted was a simple sell. 

    This is their mistake, it’s not in my name and they need to pay me as per the contracts states. If I was to buy a car on the street and think next week I could have bought the same car cheaper by a grand or two well that’s my mistake and I’ll have to swallow it! It’s a !!!!!! take. 
    You are going to have to argue this out with them.

    They signed the contract and agreed to buy it at that price, having given you a price online, then adjusted the price once they'd seen the vehicle. The fact they've made themselves registered keeper also confirms that the contract was finalised.

    As I mentioned above, my DH sold a motorbike for what he paid for it after 12 months of use due to high demand at the time.

    Clearly they've based their price on the pre-crash price (rather than this just being a clerical error), so I would be sending them a letter before action giving them 14 days to pay off the finance, and pay you the outstanding balance. 

    In the mean time, I would gather evidence to show that the £43k was indeed a realistic price a week before, just in case it does need to go to court. 

    It might also be worth talking to citizens advice bureau for some basic legal advice over this. It sounds a little like WBAC are trying to bully you into accepting their mistake. 
    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!)
  • ArbitraryRandom
    ArbitraryRandom Posts: 2,483 Forumite
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    pinkshoes said:
    This is sounding much more like an admin error and mistake, so you might end up needing some sort of contract law specialist. The difference in value and valuation are such a long way out that a court would likely view this as an obvious mistake. 
    Maybe... but WBAC would need to explain why the online valuation AND the in person assessment both made the same mistake (and if any part of that was the OP's fault). 

    I'd suggest (without prejudice) a settlement somewhere in the middle... otherwise it's the kind of thing well suited to a paper judgement, so at least if it does get to court it should be comparatively 'cheap'.
    IF WBAC have made mistake that's down to them, just like if you bought something in a shop and then walked past another shop selling item 50% cheaper, so it's down to your last bit, did the OP provide any information that was false.

    Not necessarily if the mistake was something a reasonable person should have known was an obvious mistake (like selling a £1000 item for £10.00)... but if WBAC want to make that argument then THEY need to make it, not the OP. 
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • sheramber
    sheramber Posts: 19,047 Forumite
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    pinkshoes said:
    Bmd1989 said:
    Sorry I’ve been at work. 

    Okay, so this car a month ago was actually selling for more than what I paid for it, and there has been a crash in the market with the new year passing, I believe personally, their quotes was prior to the crash in market and now they’ve figured that out. 

    Now, this is their mistake and not mine.c if their system has failed them why should I take the punch for it? My car could be in any state, when that car was in showroom condition and all I wanted was a simple sell. 

    This is their mistake, it’s not in my name and they need to pay me as per the contracts states. If I was to buy a car on the street and think next week I could have bought the same car cheaper by a grand or two well that’s my mistake and I’ll have to swallow it! It’s a !!!!!! take. 
    You are going to have to argue this out with them.

    They signed the contract and agreed to buy it at that price, having given you a price online, then adjusted the price once they'd seen the vehicle. The fact they've made themselves registered keeper also confirms that the contract was finalised.

    As I mentioned above, my DH sold a motorbike for what he paid for it after 12 months of use due to high demand at the time.

    Clearly they've based their price on the pre-crash price (rather than this just being a clerical error), so I would be sending them a letter before action giving them 14 days to pay off the finance, and pay you the outstanding balance. 

    In the mean time, I would gather evidence to show that the £43k was indeed a realistic price a week before, just in case it does need to go to court. 

    It might also be worth talking to citizens advice bureau for some basic legal advice over this. It sounds a little like WBAC are trying to bully you into accepting their mistake. 
    The OP has already said he has taken advice from CAB and has sent a letter based on their advice
  • Bmd1989
    Bmd1989 Posts: 42 Forumite
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    Pinkshoes 

    This is exactly my thoughts, their pushing me to back down due to their mistake. I was genuinely going to just collect my car the other day until they mentioned about new owners on my logbook, I know previously mentioned it doesn’t really matter but in my option it does, my car only has 11000 odd miles on the clock and having 5 owners on it I’d be spectacle of that being just over 3 years old if it was me buying it, it devalues cars, and at my expense due to their mistake. When I found that out I thought no chance, I’m seeing this though. 
  • Bmd1989
    Bmd1989 Posts: 42 Forumite
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    And they evacuated that car twice, once online with their system and once in person. 
  • HillStreetBlues
    HillStreetBlues Posts: 3,196 Forumite
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    pinkshoes said:
    This is sounding much more like an admin error and mistake, so you might end up needing some sort of contract law specialist. The difference in value and valuation are such a long way out that a court would likely view this as an obvious mistake. 
    Maybe... but WBAC would need to explain why the online valuation AND the in person assessment both made the same mistake (and if any part of that was the OP's fault). 

    I'd suggest (without prejudice) a settlement somewhere in the middle... otherwise it's the kind of thing well suited to a paper judgement, so at least if it does get to court it should be comparatively 'cheap'.
    IF WBAC have made mistake that's down to them, just like if you bought something in a shop and then walked past another shop selling item 50% cheaper, so it's down to your last bit, did the OP provide any information that was false.

    Not necessarily if the mistake was something a reasonable person should have known was an obvious mistake (like selling a £1000 item for £10.00)... but if WBAC want to make that argument then THEY need to make it, not the OP. 
    But isn't that you don't have to sell at that price if there is an obvious mistake, not sure that covers buying.
    EG If a person walked past my garden and saw a brick, he thought it was a very valuable one and offer me £1000 for it, but after taking brick home finds it's a standard brick, that's his tough luck.
    Let's Be Careful Out There
  • Bmd1989
    Bmd1989 Posts: 42 Forumite
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    And a previous comment, I’m not desperate to sell, I’m in a sticky situation now. That car is parked between a thousand cars, I don’t know how it’s being treated, it could of been ragged round the compound for all I know for them to just want to give me it back. It’s not on and unprofessional. 
  • Alderbank
    Alderbank Posts: 2,804 Forumite
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    Bmd1989 said:
    And they evacuated that car twice, once online with their system and once in person. 
    The OED defines evacuate as discharge (faeces or other matter) from the body. "the bowel functions to evacuate solid waste products"

    That sounds painful.
  • HillStreetBlues
    HillStreetBlues Posts: 3,196 Forumite
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    Alderbank said:
    Bmd1989 said:
    And they evacuated that car twice, once online with their system and once in person. 
    The OED defines evacuate as discharge (faeces or other matter) from the body. "the bowel functions to evacuate solid waste products"

    That sounds painful.
    WBAC did get a **** deal.
    Let's Be Careful Out There
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