We Buy any Car - Changing their mind

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  • Grumpy_chap
    Grumpy_chap Posts: 14,859 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. 
    It is correct that a mistake, including something like the price, could be classed as a unilateral mistake and void the contract, however it does require the other party to ought to have known.

    The OP has been asked upthread what valuations were offered by other car buying services and seems to have chosen not to comment as yet.
    This information could well be the key to whether a unilateral mistake was obvious and ought to have been known.
    I would take the view it's for WBAC to argue/prove the OP should reasonably have known it was a mistake - there's no requirement for the OP to disclose if they approached other companies/researched what price to expect. 

    The OP's argument would be that the price seemed plausible to the person who inspected the car and matched the online valuation on their website, so it wasn't that 'obvious' (as in the cases with an erroneous decimal place). 
    Sorry, I did not mean to suggest that the OP needs to reveal to WBAC what other valuations they may have received.
    It does help for the OP to understand whether there was a genuine error or not and potential statements that WBAC might make in that regard.

    Taken to the extreme, if the OP took legal action to recover the extra £10k, WBAC would possibly peddle the line "obvious error" and provide some evidence.  The OP might then respond with evidence to counter that - if there were other "buy" valuations at similar valuations, that might be part of the OP's evidence.
  • HillStreetBlues
    HillStreetBlues Posts: 3,196 Forumite
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    edited 15 January at 9:18PM
    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. 
    It is correct that a mistake, including something like the price, could be classed as a unilateral mistake and void the contract, however it does require the other party to ought to have known.

    The OP has been asked upthread what valuations were offered by other car buying services and seems to have chosen not to comment as yet.
    This information could well be the key to whether a unilateral mistake was obvious and ought to have been known.
    I would take the view it's for WBAC to argue/prove the OP should reasonably have known it was a mistake - there's no requirement for the OP to disclose if they approached other companies/researched what price to expect. 

    The OP's argument would be that the price seemed plausible to the person who inspected the car and matched the online valuation on their website, so it wasn't that 'obvious' (as in the cases with an erroneous decimal place). 
    Sorry, I did not mean to suggest that the OP needs to reveal to WBAC what other valuations they may have received.
    It does help for the OP to understand whether there was a genuine error or not and potential statements that WBAC might make in that regard.

    Taken to the extreme, if the OP took legal action to recover the extra £10k, WBAC would possibly peddle the line "obvious error" and provide some evidence.  The OP might then respond with evidence to counter that - if there were other "buy" valuations at similar valuations, that might be part of the OP's evidence.
    Would be good to hear how WBAC phased it.
    "We normally low-ball our customers, and pay well below what's it worth, so clearly there as been an error"
    Let's Be Careful Out There
  • Bmd1989
    Bmd1989 Posts: 42 Forumite
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    I e found one pretty much the same stamp as mine on Autotrader for just under 47k. I only bought it in May for 44k. It can’t have dropped that much in 6/7 months. 

    I personally think it’s due to the crash in the market and their quotes haven’t reflected that and now they’re trying to adjust to suit their profits. 
  • ArbitraryRandom
    ArbitraryRandom Posts: 2,454 Forumite
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    Bmd1989 said:
    I e found one pretty much the same stamp as mine on Autotrader for just under 47k. I only bought it in May for 44k. It can’t have dropped that much in 6/7 months. 
    If you can, might be worth grabbing screenshots of those now - just in case you need them down the line. 
    I'm not an early bird or a night owl; I’m some form of permanently exhausted pigeon.
  • HillStreetBlues
    HillStreetBlues Posts: 3,196 Forumite
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    Bmd1989 said:
    I e found one pretty much the same stamp as mine on Autotrader for just under 47k. I only bought it in May for 44k. It can’t have dropped that much in 6/7 months. 

    I personally think it’s due to the crash in the market and their quotes haven’t reflected that and now they’re trying to adjust to suit their profits. 
    That view makes sense, but the time to check if  price was current was before the sale, which they could and should have done.
    Let's Be Careful Out There
  • Bmd1989
    Bmd1989 Posts: 42 Forumite
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    Yeah my thoughts mate, I’m trying to get as much info as possible. It’s just pricing it all up and trying to be contractual with it all. 
  • the_lunatic_is_in_my_head
    the_lunatic_is_in_my_head Posts: 7,530 Forumite
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    edited 15 January at 9:26PM
    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.
    That isn't a mistake in a contract, that's merely someone making a mistake by buying something they thought was something else.

    Contract mistakes work both ways however WBAC would likely have to go some way to show a mistake, the online process is (I assume) automated and they'd need to be showing their software had an error, possibly affecting multiple quotes. 

    I think if OP complains in the correct way WBAC will just buy the car, it's got to be easier to take a loss than fight a customer willing to seek damages via small claims unless WBAC have a real legal backing to support their position. 
  • HillStreetBlues
    HillStreetBlues Posts: 3,196 Forumite
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    edited 15 January at 10:26PM
    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.
    That isn't a mistake in a contract, that's merely someone making a mistake by buying something they thought was something else.

    Contract mistakes work both ways however WBAC would likely have to go some way to show a mistake, the online process is (I assume) automated and they'd need to be showing their software had an error, possibly affecting multiple quotes. 

    I think if OP complains in the correct way WBAC will just buy the car, it's got to be easier to take a loss than fight a customer willing to seek damages via small claims unless WBAC have a real legal backing to support their position. 
    I might agree if it was based solely on-line. WBAC could have checked price when OP turned up at site instead of after the sale.
    Once WBAC decided to buy at that price and OP agreed then  that's the contract,  Buyer remorse is no  excuse.
    Let's Be Careful Out There
  • Bmd1989
    Bmd1989 Posts: 42 Forumite
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    Same car and stamp as mine, mine has less mileage and a couple less specs. Than the one I sold last week. I genuinely thought the price was right. 
  • Bmd1989
    Bmd1989 Posts: 42 Forumite
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    Sorry I’m tired excuse my typos. 
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