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  • FIRST POST
    MinkyMoo2012
    Brought a used car
    • #1
    • 31st Oct 12, 7:16 PM
    Brought a used car 31st Oct 12 at 7:16 PM
    Hi,

    My friend has brought a used car today and given a deposit at a garage.

    The reason she brought it was for congestion charge exemption however coming home and checking online turns out the car is 2 months to early to be exempt. Making it a Euro4 which doesn't meet standards.

    She made them aware this was what she needed but they didn't comment.

    On her reciept it says non refundable however the car is useless to her and not going to save any money. I feel a bit responsible as I told her to look and put the idea in her head.

    She got on with the guy and technically would buy another one from him if he had one that was correct.

    Does he have to give her the money back? Is there any laws she can use??
Page 1
    • Buzby
    • By Buzby 31st Oct 12, 7:23 PM
    • 8,201 Posts
    • 3,011 Thanks
    Buzby
    • #2
    • 31st Oct 12, 7:23 PM
    • #2
    • 31st Oct 12, 7:23 PM
    No - the deposit is a confirmation of her agreement to purchase. If she chooses not to, then she forfeits the money paid, unless the dealer is prepared to waive this. Since the Deposit slip states no refunds, she cannot hope to treat this as an unfair condition.

    Did they explicitly state the car WAS CC exempt? If they did, they have a problem, but if your friend bought it mistakenly believing the benefit was applicable to the vehicle, it was her error, not the dealership.
    • skivenov
    • By skivenov 31st Oct 12, 7:25 PM
    • 2,166 Posts
    • 2,435 Thanks
    skivenov
    • #3
    • 31st Oct 12, 7:25 PM
    • #3
    • 31st Oct 12, 7:25 PM
    BOUGHT!!!!!!!!!!!!!!

    (pet hate)
  • MinkyMoo2012
    • #4
    • 31st Oct 12, 7:27 PM
    • #4
    • 31st Oct 12, 7:27 PM
    No - the deposit is a confirmation of her agreement to purchase. If she chooses not to, then she forfeits the money paid, unless the dealer is prepared to waive this. Since the Deposit slip states no refunds, she cannot hope to treat this as an unfair condition.

    Did they explicitly state the car WAS CC exempt? If they did, they have a problem, but if your friend bought it mistakenly believing the benefit was applicable to the vehicle, it was her error, not the dealership.
    Originally posted by Buzby
    She told them that was the case she needed that and they niether agreed or disagreed.

    I've worked for big dealerships and they cant be bothered with the hassle so refund but this is a used car garage not a dealer. Surely the car isn't fit for purpose as she discribed her demands and needs... surely bad service and trying to get her to buy the car if they didn't check?
    • Buzby
    • By Buzby 31st Oct 12, 10:08 PM
    • 8,201 Posts
    • 3,011 Thanks
    Buzby
    • #5
    • 31st Oct 12, 10:08 PM
    • #5
    • 31st Oct 12, 10:08 PM
    If they 'neither agreed or disagreed' why on earth did she proceed? Clearly she needed an affirmative answer, yet without this she still went and confirmed her intention to purchase, not by saying she'd check if they weren't going to tell her, but by paying a deposit.

    Your definition of a 'dealer' and a 'used car garage' is a case in point - anyone who sells cars by way of trade IS a dealer. The fact the vehicles may not be new is immaterial. The dealer will deny they confirmed the car was CC exempt - and as you admit, they did not.

    If it was that important, the buyer, always needs to confirm this to ensure there is no mistake. This applies to ALL options for the vehicle, not just whether CC charging is exempt. The dealer is in no position to confirm or deny either way, assuming they expressed an opinion - TFL could change the goalposts on a whim and it is (or isn't) IFYSIM.

    Caveat emptor reigns, but as they did not mislead, it may be better to walk away or use the deposit for a vehicle that does meet the requires standards.
  • MinkyMoo2012
    • #6
    • 31st Oct 12, 10:42 PM
    • #6
    • 31st Oct 12, 10:42 PM
    If they 'neither agreed or disagreed' why on earth did she proceed? Clearly she needed an affirmative answer, yet without this she still went and confirmed her intention to purchase, not by saying she'd check if they weren't going to tell her, but by paying a deposit.

    Your definition of a 'dealer' and a 'used car garage' is a case in point - anyone who sells cars by way of trade IS a dealer. The fact the vehicles may not be new is immaterial. The dealer will deny they confirmed the car was CC exempt - and as you admit, they did not.

    If it was that important, the buyer, always needs to confirm this to ensure there is no mistake. This applies to ALL options for the vehicle, not just whether CC charging is exempt. The dealer is in no position to confirm or deny either way, assuming they expressed an opinion - TFL could change the goalposts on a whim and it is (or isn't) IFYSIM.

    Caveat emptor reigns, but as they did not mislead, it may be better to walk away or use the deposit for a vehicle that does meet the requires standards.
    Originally posted by Buzby
    All would seam so simple in your world by the sounds of things doesn't it. She did check and the car IS the right car and right model year. Wasnt until you register there is something called EURO 5 which was introduced not a month later. There are different exemptions on different vehicles... the car she brought falls in the right year however is registered in a different part of the year but is the same model and engine. The congestion charging team DO NOT have a system where you can number plate check a car to see if its compliant.

    A used car garage is different to a dealer. Dealers have certain standard... Working for Various manufactorers as much as deposits are non refundable if this situation happened we would always refund as it wasn't worth the hassle... However this is a main dealer... I'm talking about Terry Tibbs down at USED CARS R US.

    However this is not the issue... My pure question was are there any laws as much as they didn't say it was... they also didn't check it was compliant and this was her ONLY need. It's like a car salesmen saying it has bluetooth and you pull out your phone and say will it work with this and them saying yeah should do but not actually checking it does. Then come up to pairing and it doesn't do it but that was there requirement htat the car had compatable bluetooth with there phone!

    Any answers to the question I'm asking??
    • paddedjohn
    • By paddedjohn 1st Nov 12, 2:38 AM
    • 7,259 Posts
    • 7,904 Thanks
    paddedjohn
    • #7
    • 1st Nov 12, 2:38 AM
    • #7
    • 1st Nov 12, 2:38 AM
    All would seam so simple in your world by the sounds of things doesn't it. She did check and the car IS the right car and right model year. Wasnt until you register there is something called EURO 5 which was introduced not a month later. There are different exemptions on different vehicles... the car she brought falls in the right year however is registered in a different part of the year but is the same model and engine. The congestion charging team DO NOT have a system where you can number plate check a car to see if its compliant.

    A used car garage is different to a dealer. Dealers have certain standard... Working for Various manufactorers as much as deposits are non refundable if this situation happened we would always refund as it wasn't worth the hassle... However this is a main dealer... I'm talking about Terry Tibbs down at USED CARS R US.

    However this is not the issue... My pure question was are there any laws as much as they didn't say it was... they also didn't check it was compliant and this was her ONLY need. It's like a car salesmen saying it has bluetooth and you pull out your phone and say will it work with this and them saying yeah should do but not actually checking it does. Then come up to pairing and it doesn't do it but that was there requirement htat the car had compatable bluetooth with there phone!

    Any answers to the question I'm asking??
    Originally posted by MinkyMoo2012
    Unless she has anything in writing to say the car is compliant it would be her word against theirs. She could have checked the v5 before handing over any deposit.

    Greener vehicles

    Cars which emit 100g/km or less of CO2 and that meet the Euro 5 standard for air quality qualify for a 100 per cent discount.
    You can check the C02 emissions of your car on the V5C registration document. Any car registered as new with the DVLA on or after 1 January 2011 is deemed to meet the Euro 5 standard.
    Some cars registered before this date will also meet the Euro 5 standard - please check our eligible vehicle list for vehicles registered before 1 January 2011.
    Be Alert..........Britain needs lerts.
    • Credit-Crunched
    • By Credit-Crunched 1st Nov 12, 9:28 AM
    • 2,115 Posts
    • 4,140 Thanks
    Credit-Crunched
    • #8
    • 1st Nov 12, 9:28 AM
    • #8
    • 1st Nov 12, 9:28 AM
    I brought along a new car to be bought
    • maninthestreet
    • By maninthestreet 1st Nov 12, 9:57 AM
    • 15,364 Posts
    • 13,945 Thanks
    maninthestreet
    • #9
    • 1st Nov 12, 9:57 AM
    • #9
    • 1st Nov 12, 9:57 AM
    'Caveat Emptor' applies here - do you homework before putting down a deposit, not afterwards.
    "You were only supposed to blow the bl**dy doors off!!"
    • JimmyTheWig
    • By JimmyTheWig 1st Nov 12, 10:12 AM
    • 11,895 Posts
    • 11,424 Thanks
    JimmyTheWig
    She told them that was the case she needed that and they niether agreed or disagreed.
    Originally posted by MinkyMoo2012
    Would the have reasonably been expected to know off-hand?
    I think if they knew, or would be expected to know, then it would be fair to assume they would have said it wasn't if it wasn't.
    If it's reasonable that they wouldn't have known either way then I don't think anything can be inferred from the slience.

    She got on with the guy and technically would buy another one from him if he had one that was correct.
    Originally posted by MinkyMoo2012
    Has he got one that is correct?
    I would like to think that she would be able to use the deposit towards a different car just by asking.


    However, if they can't come to a deal then I do actually think that she has a right to her deposit back, less any actual cost that the dealer has incurred.
    So if they've had it cleaned ready for her then she'd have to pay for that. If they've moved it from their yard then she'd have to pay for that. if they've done an MOT then she'd have to pay for that. Etc.
    This is the amount that your friend has to pay. Incidentally this may be more than the amount of the deposit in which case she owes them money. Chances are they wouldn't bother chasing for this extra money, but I do believe they could.

    How much was the car? How much was the deposit?
    • C_Mababejive
    • By C_Mababejive 1st Nov 12, 10:24 AM
    • 10,937 Posts
    • 9,860 Thanks
    C_Mababejive
    Where did they bring it from..?
    Feudal Britain needs land reform. 70% of the land is "owned" by 1 % of the population and at least 50% is unregistered (inherited by landed gentry). Thats why your slave box costs so much..
  • Slowhand
    Where did they bring it from..?
    Originally posted by C_Mababejive
    Not another one! The word is bruy!
  • CAB National Representative
    Hi,

    My friend has brought a used car today and given a deposit at a garage.

    The reason she brought it was for congestion charge exemption however coming home and checking online turns out the car is 2 months to early to be exempt. Making it a Euro4 which doesn't meet standards.

    She made them aware this was what she needed but they didn't comment.

    On her reciept it says non refundable however the car is useless to her and not going to save any money. I feel a bit responsible as I told her to look and put the idea in her head.

    She got on with the guy and technically would buy another one from him if he had one that was correct.

    Does he have to give her the money back? Is there any laws she can use??
    Originally posted by MinkyMoo2012
    Hi MinkyMoo - we're sorry to hear about your friend's circumstances. As this is a consumer issue (and we're not covering those at the moment on this board), we'd urge your friend either to contact our Consumer Helpline (08454 04 05 06, 9am to 5pm, Mondays to Fridays) or her local bureau - for help with her rights and options.
    ďOfficial CAB Representative
    I am an official representative of CAB. MSE has given permission for me to post in response to questions on the CAB Board. You can see my name on the companies with permission to post list. If you believe Iíve broken any rules please report my post to forumteam@moneysavingexpert.com as usual"
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