Motor dealer holding my payment for 28days

paul_c123

Commission sales are covered by CRA2015 just like any other. So, the liability extends to 6 months and beyond, just as it would for any other purchase from a recognised trader. It is NOT a private sale, etc.

Sure, 30 days is the time window for short term right to reject but that isn't justification for the dealer holding on to the payment for that length of time. 30 days is excessive. Anything more than 2-3 working days is taking the pi55.

Dressinggown

unknowingly to us he said as he has said it on the phone recorded and the terms were now 28days from him selling the motorhome. I think if he would have been open and honest explaining how he changed his terms it may not have been so bad. I’m very worried as it’s a limited company and 28days is a long time.

Mildly_Miffed

"he has said it on the phone recorded"

So this conversation DID happen…?

Dressinggown

we disputed it on the phone and on emails, he has then said by email the date he is paying us and cannot see what all the fuss is about. I realised he is covering his steps now. Being retired and disabled does portray vulnerability when people see an opportunity to make money.

PTP123

https://forums.moneysavingexpert.com/discussion/comment/81976271#Comment_81976271

The more I think about it the more I get why they want to wait 30 days.

Say the seller knows about a hidden fault or an issue and has used the dealer to offload their vehicle.

If the new buyer uses their short term right to reject then I would bet my house on it that the OP wouldn't do the right thing and admit there was an issue and refund the dealer.

If they have a decent profit margin then the 30 days to 6 month period can be sorted much more easily.

Dressinggown

I questioned where my money would be held and he has said in a client holding account. He also said he has an FCA number however that is not true he doesn’t have any financial accreditation for this company. He has charged me for a PDI, new cam belt , Mot etc

Okell

https://forums.moneysavingexpert.com/discussion/comment/81976833#Comment_81976833

So did you agree to pay for a PDI, new cam belt and MOT etc?

Do the terms of the agreement you reached say you have to provide an invoice in order to get the sale proceeds?

All this depends on what terms you agreed with the broker.

eg - did you give him authorisation to carry out whatever works he considered necessary to facilitate a sale?

eg - did you during telephone or other communication with the dealer agree to vary the terms of any written agreement?

paul_c123

Quote "We agreed a brokerage deal".

A lot of what you mention now, hinges upon what was agreed beforehand. If there was no written contract as such, then you are in a weak position. If there was a written contract, or things in emails which are now changed, you are stronger.

What is the loss you have suffered here? Of course he will charge for repairs and prep costs - it is your vehicle not his. And he can charge a reasonable amount for the services (such as prep/valeting, storage, fielding customers etc).

So given all that, are you getting less overall than its trade value?

Dressinggown

the money is 38k my issue is the written agreement was for him to act as broker and pay on the sale going through however he through many calls and emails has turned it around as to him paying in 28 days. It is not the value it’s the uncertainty of the holding of the money. I offered to take it back however he was insisting that he had done the deal and we couldn’t back out, that’s when he quoted his new terms. Overall I wouldn’t want anyone else to have this worry I blame myself for not being more vigilant. Thank you all for your advice.