New car problem

Options
2

Comments

  • Arklight
    Arklight Posts: 3,171 Forumite
    First Anniversary First Post
    Options
    lopsyfa wrote: »
    I will say you need to pay the £3000 or haggle a bit to get some discount for the hassle. I am sure if they were over-charging you £3000, you will make sure the sales guy listen when your husband was telling him. If you were happy with the £4700 agreed, I don't see any problem with this. Otherwise, ask for the contract to be cancelled and get your car back.

    Completely agree. It's fair to ask for some money to be taken off for the bother. It isn't fair to try and keep the car. If they had overcharged the OP but £3000 she would want a refund, but suddenly it doesn't count if it's the other way.

    "My husband tried to tell the salesman but he wouldn't listen". What a load of baloney.

    I do feel sorry for the guy though, that's him out of a job.
  • patman99
    patman99 Posts: 8,532 Forumite
    First Anniversary Combo Breaker Photogenic First Post
    Options
    So, the salesman put £7,700 on the paperwork that you both signed. Does that not form a binding contract?.
    If so, would asking for the £3,000 not be a breach of the contract?.


    I would suggest to them tat they take the hit as it may well make them double check everything in the future to eliminate such a mistake.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)

    3-6 month EF £0/£3600 (that's 0 days worth)

  • Topogeegeeo
    Topogeegeeo Posts: 8 Forumite
    Options
    I was sitting next to my hubby when he told the sales guy who promptly turned the papers round and said to him you fill them in then. It is not baloney.
  • Topogeegeeo
    Topogeegeeo Posts: 8 Forumite
    Options
    Yes trade in price £7700 on both the pieces of paper the deposit one and the final price one
  • DUTR
    DUTR Posts: 12,958 Forumite
    First Anniversary Name Dropper First Post
    Options
    Topogeegeeo wrote: »
    Yes trade in price £7700 on both the pieces of paper the deposit one and the final price one

    If your story is true, agree to split the difference, therefore win win.
  • shaun_from_Africa
    shaun_from_Africa Posts: 12,858 Forumite
    Name Dropper First Post First Anniversary
    Options
    patman99 wrote: »
    So, the salesman put £7,700 on the paperwork that you both signed. Does that not form a binding contract?.
    No.

    https://www.inbrief.co.uk/contract-law/mistakes-in-contracts/
    Unilateral mistake
    A unilateral mistake occurs where only one party is mistaken as to the terms or subject matter. Often, this can lead to an unfair advantage for one of the parties. For a unilateral mistake to render the contract void, the mistake must relate to the fundamental terms and conditions of the contract. A unilateral mistake in relation to the quality of the subject matter of a contract will not result in the contract being void – unless the term as to quality is fundamental to the contract.

    It is not enough for one party simply to be mistaken in relation to the terms and conditions of a contract. For the contract to be void due to the unilateral mistake the other party must have been aware of this mistake and then used it to their advantage in forming the contract

    One party to the contract (the salesman) made a mistake, a mistake that the OP's husband was aware of:
    Topogeegeeo wrote: »
    It said 7700 trade in price for my car, on both documents Hubby tried to tell him he had made a mistake but he didn’t listen. The price should have been 4700
    so I would say that the contract can legally be voided.
  • elsien
    elsien Posts: 32,734 Forumite
    Name Dropper Photogenic First Anniversary First Post
    Options
    Topogeegeeo wrote: »
    I was sitting next to my hubby when he told the sales guy who promptly turned the papers round and said to him you fill them in then. It is not baloney.

    So why didn't your OH then fill them in with the correct price? And why did you sign, knowing it was wrong?
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Topogeegeeo
    Topogeegeeo Posts: 8 Forumite
    Options
    Obviously the sales guy wasn’t serious about him filling in the form and at that precise time I did not know what the mistake was
  • Arklight
    Arklight Posts: 3,171 Forumite
    First Anniversary First Post
    Options
    Another amber gambler turns to the internet asking for approval over their dubious moral decisions.

    Not today.
  • Aylesbury_Duck
    Aylesbury_Duck Posts: 13,989 Forumite
    First Anniversary First Post Name Dropper
    Options
    Topogeegeeo wrote: »
    Obviously the sales guy wasn’t serious about him filling in the form and at that precise time I did not know what the mistake was
    This is starting to stretch believability. They've made an obvious error in the paperwork, an error you knew about, have acknowledged you knew about and which if was reversed, you would expect to be put right.

    Where do you stand on it? On dodgy moral ground. Do what you like, but be prepared for the dealer to make a claim for the balance on what was an obvious error.
This discussion has been closed.
★ ★ ★ Meet your Ambassadors

Categories

  • All Categories
  • 343.2K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.3K Work, Benefits & Business
  • 608K Mortgages, Homes & Bills
  • 173.1K Life & Family
  • 247.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards