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We Buy any Car - Changing their mind

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  • Bmd1989
    Bmd1989 Posts: 42 Forumite
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    The lunatic inside my head

    thank you mate very appreciated.

    this is all very new to me which I can imagine all of which can understand, I’m a civil engineer from Durham. I’m not a car sales man, just a chap that likes cars and feel I’ve been done over by. 
  • ArbitraryRandom
    ArbitraryRandom Posts: 2,599 Forumite
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    edited 15 January at 8:33PM
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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.
    When it comes to contract law (as far as I'm aware - not being a contract lawyer!) it works both ways if it's a genuine mistake by one party that was taken advantage of by the other party - because a contract has to be balanced (as lunatic often reminds us :))

    i.e. if the person mistakenly thought it was very valuable and offered you well above the actual value (aka not doing due diligence to value the item); that's different from a typo in the contract (genuine mistake); and different again from you lying about the provenance of your brick (mis-selling).

    In the first instance it's tough luck, in the second it might be unwound, in the third you as the seller can face penalties/costs to remedy.

    I think the difference of opinion on this thread is if the OPs issue is the first or second, with a possibly open for the third (if the OP made a mistake/didn't include a relevant detail in the initial valuation online)
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • Alderbank
    Alderbank Posts: 2,889 Forumite
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    edited 15 January at 8:35PM
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    Bmd1989 said:
    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. 
    No, the motor trade do not become registered keepers of vehicles they take in and resell. If the car was to be returned to you, when you eventually sold it the number of previous owners and the number of previous registered keepers would be unchanged.
  • Bmd1989
    Bmd1989 Posts: 42 Forumite
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    Ok good to know, thanks for this. But I’d need to reassign to me? 
  • HillStreetBlues
    HillStreetBlues Posts: 3,329 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.
    When it comes to contract law (as far as I'm aware - not being a contract lawyer!) it works both ways if it's a genuine mistake by one party that was taken advantage of by the other party - because a contract has to be balanced (as lunatic often reminds us :))

    i.e. if the person mistakenly thought it was very valuable and offered you well above the actual value (aka not doing due diligence to value the item); that's different from a typo in the contract (genuine mistake); and different again from you lying about the provenance of your brick (mis-selling).

    In the first instance it's tough luck, in the second it might be unwound, in the third you as the seller can face penalties/costs to remedy.

    I think the difference of opinion on this thread is if the OPs issue is the first or second, with a possibly open for the third (if the OP made a mistake/didn't include a relevant detail in the initial valuation online)
    I would agree with a typo, but clearly in this case that doesn't apply.
    The website gave a price and then then a  slightly lower price was agreed after car inspection.
    WBAC has now found out car is worth less than paid, so failed in their due diligence.

    If the car was found to be worth £50k, the OP wouldn't be able to cancel the sale either.
    Let's Be Careful Out There
  • Alderbank
    Alderbank Posts: 2,889 Forumite
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    edited 15 January at 8:48PM
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    Bmd1989 said:
    Ok good to know, thanks for this. But I’d need to reassign to me? 
    If it is booked in for BCA auction as @born_again says, the only chance of you seeing it again is if you are the highest bidder.
  • Bmd1989
    Bmd1989 Posts: 42 Forumite
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    Sorry I meant if I was to get the car back. 
  • ArbitraryRandom
    ArbitraryRandom Posts: 2,599 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.
    When it comes to contract law (as far as I'm aware - not being a contract lawyer!) it works both ways if it's a genuine mistake by one party that was taken advantage of by the other party - because a contract has to be balanced (as lunatic often reminds us :))

    i.e. if the person mistakenly thought it was very valuable and offered you well above the actual value (aka not doing due diligence to value the item); that's different from a typo in the contract (genuine mistake); and different again from you lying about the provenance of your brick (mis-selling).

    In the first instance it's tough luck, in the second it might be unwound, in the third you as the seller can face penalties/costs to remedy.

    I think the difference of opinion on this thread is if the OPs issue is the first or second, with a possibly open for the third (if the OP made a mistake/didn't include a relevant detail in the initial valuation online)
    I would agree with a typo, but clearly in this case that doesn't apply.
    The website gave a price and then then a  slightly lower price was agreed after car inspection.
    WBAC has now found out car is worth less than paid, so failed in their due diligence.

    If the car was found to be worth £50k, the OP wouldn't be able to cancel the sale either.
    With all due respect to the OP, I think we haven't yet quite ruled out the second or third option... 

    I suspect the online valuation informed the in person assessment (with the in person assessor just pulling up the details given online and making a nominal reduction for any visible marks etc)... so there's still an outside chance the OP made a mistake on that initial valuation form which could change the situation. 

    Hence reserving judgement until the OP has a response to the letter they recently sent. 
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • Bmd1989
    Bmd1989 Posts: 42 Forumite
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    @ArbitraryRandom this is impossible. It asks for a registration plate and a mileage. It doesn’t ask for specifications, and my car has every spec it can have. I asked in person does the registration pick up specs and it doesn’t. I literally can’t make a mistake. 
  • Alderbank
    Alderbank Posts: 2,889 Forumite
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    No-one has said much so far about the T&Cs under which WBAC buys cars.

    They get all manner of chancers and shysters trying to unload their junk (I am certainly not saying the OP is one of those!) I have never used WBAC or their many competitors like MotorWay but I believe they all work in a similar way - they do their best to physically check over the vehicle and check out finance, whether it has ever been a cat D or cat S, etc. but the price paid to the seller is always conditional on every part of the declaration by the seller turning out to be true.
    Compensation of £800 sounds like they missed something which should have come to light earlier in the process but has just come to light.
    OP, could the car have had undeclared but well repaired accident damage or some other skeleton in its cupboard?

    I agree that if there were no circumstances which have just come to light, that WBAC would be in breach for arbitrarily changing their valuation, so I suspect they have found something.  Have they not given a reason for changing their valuation? If not then a threat to take them to court should flush out the reason for their change of heart.
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