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  • FIRST POST
    • Brand0
    • By Brand0 13th Jan 20, 11:26 PM
    • 53Posts
    • 11Thanks
    Brand0
    Car dealer backs out of deal after I paid deposit
    • #1
    • 13th Jan 20, 11:26 PM
    Car dealer backs out of deal after I paid deposit 13th Jan 20 at 11:26 PM
    Hi all

    I agreed a price on a car with a proper BMW dealer and paid deposit on Sunday.

    Monday I get a call to say the car went to the workshop for a final checkover and they found it needed work that was too expensive for them to fix so they were removing it from sale. They say it will be auctioned.

    It all happened so quick and I managed to give them my card details to credit the £1000 back.

    Now the dust has settled, I'm thinking my consumer rights have been violated somehow. The whole point of getting a car from a main dealer is so I know the car will be tip-top with a decent warrantee.

    So I feel I should challenge. Any thoughts? The car and spec took me ages to find so it's really put me out - especially as I managed to find two after searching for months (the other one was being held for me until I told them I'd paid the deposit..)

    I'd appreciate views. I know I should just move on but still.
Page 3
    • mollycat
    • By mollycat 14th Jan 20, 4:49 PM
    • 1,351 Posts
    • 2,799 Thanks
    mollycat

    Only petrolheads get it.
    Originally posted by Brand0
    The evidence in this thread is that you are not a "petrolhead" **

    A true "petrolhead" would probably laugh at someone that wanted to buy a car that's been in a duck pond just because it has a certain badge.

    Done a favour by the dealership, responds by claiming their "rights" have been breached. Wow.

    I'm beginning to think these threads are made up.

    **Controversial opinion time, no offence intended.....several mates, my dad, both my brothers are (were) time served mechanics; not a single one of them ever described themselves as a "petrolhead", their work and knowledge spoke for itself. I believe people who think they know a lot about motors (and follow this up by buying a wanky cockmobile), like to attach they label to themselves to "impress" others.

    Apologies to the knowedgeable and competent who do like the term and refer to themselves thus.
    • Car 54
    • By Car 54 14th Jan 20, 4:54 PM
    • 4,927 Posts
    • 3,159 Thanks
    Car 54
    The evidence in this thread is that you are not a "petrolhead" **

    A true "petrolhead" would probably laugh at someone that wanted to buy a car that's been in a duck pond just because it has a certain badge.

    Done a favour by the dealership, responds by claiming their "rights" have been breached. Wow.

    I'm beginning to think these threads are made up.

    **Controversial opinion time, no offence intended.....several mates, my dad, both my brothers are (were) time served mechanics; not a single one of them ever described themselves as a "petrolhead", their work and knowledge spoke for itself. I believe people who think they know a lot about motors (and follow this up by buying a wanky cockmobile), like to attach they label to themselves to "impress" others.

    Apologies to the knowedgeable and competent who do like the term and refer to themselves thus.
    Originally posted by mollycat
    Indeed. But “petrol” head is probably half right.
    • Scrapit
    • By Scrapit 14th Jan 20, 5:04 PM
    • 1,079 Posts
    • 481 Thanks
    Scrapit
    To the uninitiated, sure.

    The car being replaced was very similar but 12 years old. I'd taken it on track days both hers, in France and Germany. Probably go through 3 sets of tyres each year.

    I'd use ANY excuse for the sensation of driving it, to hear it, to feel it. Never had this with any of the other cars (though funnily enough my 1999 Mk1 Ford Focus was ridiculously fun to drive).

    I looked at it/her and smiled every night before bed just like I used to with my kids. I'm still heartbroken someone ploughed into it whilst parked.

    Drive a Beemer with big engine and lots of power - there's no turning back. A wet roundabout on a clear night is like the holy grail.

    I could buy an equivalent sized 1.4 litre Skoda almost brand new and have Apple carplay, electric everything etc. (I have one now as a hire and it's very competent) but I'd rather spend my hard earned on a toy. After 4 heart attacks it's my only available vice so I don't really care what anyone else thinks - nor do I judge.

    Each to their own.
    Originally posted by Brand0
    11k isn't gonna loads of fun. I'll stick to my Ford.
    • Marvel1
    • By Marvel1 14th Jan 20, 5:44 PM
    • 4,641 Posts
    • 5,270 Thanks
    Marvel1
    It's not Nobby's cars we're talking about here. And it's not a Ford. A BMW brought up to tip top condition by the manufacturer and given a warrantee for a year? This would be bad because?
    Originally posted by Brand0
    I have had Ford cars for 15 years, never had any issues (apart from the usual tyres and wiper replacement).
    • AdrianC
    • By AdrianC 14th Jan 20, 5:57 PM
    • 27,546 Posts
    • 27,721 Thanks
    AdrianC
    Drive a Beemer with big engine and lots of power - there's no turning back. A wet roundabout on a clear night is like the holy grail.
    Originally posted by Brand0
    Would you care to give us some perspective...? I mean, we aren't talking about an M6 here, are we...?
    • alembicbassman
    • By alembicbassman 14th Jan 20, 6:13 PM
    • 66 Posts
    • 72 Thanks
    alembicbassman
    I claimed back my out of pocket expenses from the dealer when this happened to me.

    The dealer had exactly the same story about the car.

    Initially they refused to pay, but I sent them a letter with receipts. Got £35 back on top of the deposit.

    You can check to see if the car is taxed and insured after they told you it was terminally ill. Mine was.

    It's no proof that you were fobbed off, but lends weight to the argument.

    Holiday firms used to pull a similar trick a few years back, they'd knowingly sell rooms at full hotels knowing when a customer had left a deposit they'd be more inclined to change to a more expensive hotel.
    • BoGoF
    • By BoGoF 14th Jan 20, 6:20 PM
    • 5,893 Posts
    • 5,955 Thanks
    BoGoF
    I claimed back my out of pocket expenses from the dealer when this happened to me.

    The dealer had exactly the same story about the car.

    Initially they refused to pay, but I sent them a letter with receipts. Got £35 back on top of the deposit.

    You can check to see if the car is taxed and insured after they told you it was terminally ill. Mine was.

    It's no proof that you were fobbed off, but lends weight to the argument.

    Holiday firms used to pull a similar trick a few years back, they'd knowingly sell rooms at full hotels knowing when a customer had left a deposit they'd be more inclined to change to a more expensive hotel.
    Originally posted by alembicbassman
    The paid to get rid of you not because you were entitled to it. For £35 it was money well spent to them.
    • Brand0
    • By Brand0 14th Jan 20, 6:23 PM
    • 53 Posts
    • 11 Thanks
    Brand0
    Controversial opinion time, no offence intended.....several mates, my dad, both my brothers are (were) time served mechanics; not a single one of them ever described themselves as a "petrolhead", their work and knowledge spoke for itself. I believe people who think they know a lot about motors (and follow this up by buying a wanky cockmobile), like to attach they label to themselves to "impress" others.

    Apologies to the knowedgeable and competent who do like the term and refer to themselves thus.
    Originally posted by mollycat
    Mechanics aren't automatically petrolheads any more than a person flipping burgers is not automatically a foody. Your job doesn't determine your hobby or your love. Driving is my hobby and I love motoring and the smells and noises associated with it, so I'm a petrolhead. I don't claim to be able to rebuild an engine.

    I also love food, so I'm a foody. Similarly, I don't think I know more about food that the next guy. I am a damned fine chef to be fair. BTW, I flipped burgers a long time ago myself. To many, food is just fuel - just like cars are just transport.

    AdrainC - M6? I wish. I'm impressed - M6 Gran Coupe is my dream car. I plan to have one in around 4 years. mind you I had planned to have a newer 340i by now...

    I did have a 330i touring. Now I'm getting a 335i touring (2012ish). Can't afford a 2nd car so must have one that can do everything - including putting a big cheesy grin on my face. I've got one on now just thinking about it. Just the grin, mind. Let's keep it clean.
    • waamo
    • By waamo 14th Jan 20, 6:26 PM
    • 8,716 Posts
    • 12,162 Thanks
    waamo
    For real power and excitement you want a Wankel
    This space for hire.
    • AdrianC
    • By AdrianC 14th Jan 20, 7:12 PM
    • 27,546 Posts
    • 27,721 Thanks
    AdrianC
    Now I'm getting a 335i touring (2012ish).
    Originally posted by Brand0
    For £11k from a dealer?

    Mmmm...

    https://usedcars.bmw.co.uk/vehicle/202001065838583
    is the closest 335i in price available currently - considerably higher mileage, and three years older, yet a grand more expensive.

    If you're restricting your search just to 335i estates, then no wonder you've been looking for a while - there's only about 200 on the roads of the country. They simply couldn't shift the big-engined petrol saloons or estates for love nor money a decade ago - coupes and convs, yes, but even they're massively outnumbered by the oilburners. There's a couple of non-approved 325i estates on Autotrader for £11k, but again they're older.

    Doesn't that all make you wonder about this "bargain"? I suspect they knew it was shonkier than it seemed on the surface, but were happy to punt it out cheap until they realised just how shonky it was. You never did say whether it actually did come under BMW UK Approved Used, just that it was at a dealer...
    • AdrianC
    • By AdrianC 14th Jan 20, 7:14 PM
    • 27,546 Posts
    • 27,721 Thanks
    AdrianC
    For real power and excitement you want a Wankel
    Originally posted by waamo
    GinaShamz, is that you?
    • bigisi
    • By bigisi 14th Jan 20, 7:17 PM
    • 875 Posts
    • 1,651 Thanks
    bigisi
    GinaShamz, is that you?
    Originally posted by AdrianC
    No but the OP is a close contender. The mighty M3 must have lost its appeal.
    • unholyangel
    • By unholyangel 14th Jan 20, 7:35 PM
    • 14,348 Posts
    • 11,479 Thanks
    unholyangel
    What contract gives you the rights to recovery of consequential losses? There aren't many that do, I doubt your sales contract with BMW allowed for consequential losses.
    Originally posted by Mercdriver
    Well given the fact such a term (limiting liability for consequential losses) is considered an unfair term in a consumer contract, that would be any any consumer contract.

    But these aren't consequential losses. Its a direct loss.

    OP, I suggest you pm a board guide and ask them to move your thread to the Consumer Rights board. Not saying you won't still get people telling you (incorrectly) that all you'd ever be entitled to is a return of your deposit, but you should get a larger number of replies focusing on consumer rights.

    I'll also add that in breach of contract, the primary assessment of damages is to put the consumer in the same position they would have been in had the contract been performed correctly.

    It is only if that is not possible that they will then seek to put them into the position they would have been in had the contract not been entered into (which isn't necessarily just a refund of monies paid).

    And yes, you're entirely right that they should have checked before entering a contract to sell the car or at least made the sale conditional (known as condition precedent) on the repair bill being less than x or something to that effect.
    Money doesn't solve poverty.....it creates it.
    • Brand0
    • By Brand0 14th Jan 20, 11:45 PM
    • 53 Posts
    • 11 Thanks
    Brand0
    Thanks unholyangel. Not sure I can be bothered to be honest. After all is said and done I received a lot of hot air from these know-alls and they were pretty much all too intent on sneering at what they thought was ineptitude on my part when all I did was put a deposit on a car and expect to get it. As for advice, this forum is a missed opportunity. A shame as it has the potential to be a decent resource for people in a quandry.

    At least someone understands from my point of view, which is clearly a direct financial loss as a result of the garages own misfortune. Had they not agreed the deal I'd be better off financially - not by much, but that was never the point. It just felt unjust. And I was proved right.

    Bottom line is I never sought compensation - only found a car, but I've now been offered both so I was right not just to settle for getting my deposit back - as most of you opinionated experts would seemingly have done.

    It was a main dealer - I'd rather not bring their name into it until I get my car - and the car in question was a 330d saloon on for £11k but I got them down a bit. It wasn't the car I was looking for but 39k miles for an 11-plate on a dealer approved car with MDFSH? I was willing to get it - even if as a short-term remedy to get rid of the Skoda hire car while I wait for the elusive 335i - or maybe 335d - (which I will be able to afford once the insurance actually pays out). And yes, there aren't many of them and yes they can be all kinds of trouble, but I don't spend my money or time anything but food and the car. And my wife. And two kids. And soon a cat.
    • mcpitman
    • By mcpitman 15th Jan 20, 8:39 AM
    • 656 Posts
    • 481 Thanks
    mcpitman

    Only petrolheads get it.
    Originally posted by Brand0
    And you certainly don't.
    Life isn't about the number of breaths we take, but the moments that take our breath away. Like choking....
    • bengalknights
    • By bengalknights 15th Jan 20, 8:51 AM
    • 4,711 Posts
    • 1,773 Thanks
    bengalknights
    Thanks unholyangel. Not sure I can be bothered to be honest. After all is said and done I received a lot of hot air from these know-alls and they were pretty much all too intent on sneering at what they thought was ineptitude on my part when all I did was put a deposit on a car and expect to get it. As for advice, this forum is a missed opportunity. A shame as it has the potential to be a decent resource for people in a quandry.

    At least someone understands from my point of view, which is clearly a direct financial loss as a result of the garages own misfortune. Had they not agreed the deal I'd be better off financially - not by much, but that was never the point. It just felt unjust. And I was proved right.

    Bottom line is I never sought compensation - only found a car, but I've now been offered both so I was right not just to settle for getting my deposit back - as most of you opinionated experts would seemingly have done.

    It was a main dealer - I'd rather not bring their name into it until I get my car - and the car in question was a 330d saloon on for £11k but I got them down a bit. It wasn't the car I was looking for but 39k miles for an 11-plate on a dealer approved car with MDFSH? I was willing to get it - even if as a short-term remedy to get rid of the Skoda hire car while I wait for the elusive 335i - or maybe 335d - (which I will be able to afford once the insurance actually pays out). And yes, there aren't many of them and yes they can be all kinds of trouble, but I don't spend my money or time anything but food and the car. And my wife. And two kids. And soon a cat.
    Originally posted by Brand0
    Did the dealer state what the issue was on the original car? Usually when they withdraw the sale its either due to undiscovered damage or in the case of premium cars discovering the mileage has been clocked.
    • DoaM
    • By DoaM 15th Jan 20, 8:58 AM
    • 8,697 Posts
    • 8,595 Thanks
    DoaM
    but 39k miles for an 11-plate ...
    Originally posted by Brand0
    Is only ~4.5k miles per year ... as it's a diesel I'd wonder how those (very low) miles were done and whether there were problems up ahead (DPF for example).
    Diary of a madman
    Walk the line again today
    Entries of confusion
    Dear diary, I'm here to stay
    • waamo
    • By waamo 15th Jan 20, 9:05 AM
    • 8,716 Posts
    • 12,162 Thanks
    waamo
    Did the dealer state what the issue was on the original car? Usually when they withdraw the sale its either due to undiscovered damage or in the case of premium cars discovering the mileage has been clocked.
    Originally posted by bengalknights
    It had apparently been used as a boat which had done the entire electrical system no good. Coupled with brakes that had a habit of not braking and a suspension that was gone.
    This space for hire.
    • AdrianC
    • By AdrianC 15th Jan 20, 9:12 AM
    • 27,546 Posts
    • 27,721 Thanks
    AdrianC
    Did the dealer state what the issue was on the original car? Usually when they withdraw the sale its either due to undiscovered damage or in the case of premium cars discovering the mileage has been clocked.
    Originally posted by bengalknights
    Post 33
    Cracked suspension and wheels, collision damage, flood damage leading to electrical issues.

    It's being sent to Copart.

    And the OP still wants them to fix it and sell it to him - even though it's a different body, engine, fuel to the car he really wants...
    • facade
    • By facade 15th Jan 20, 10:24 AM
    • 4,210 Posts
    • 2,282 Thanks
    facade

    Drive a Beemer with big engine and lots of power - there's no turning back. A wet roundabout on a clear night is like the holy grail.
    Originally posted by Brand0

    The E21 I had only had a tiny engine, and it spent most of its time in the wet trying to turn back by itself


    However, even a Total Driving God like myself couldn't stop it rusting, even if I could keep it facing the right way, the only car I had that could equal it for rust was an MG Montego.
    I want to go back to The Olden Days, when every single thing that I can think of was better.....

    (except air quality and Medical Science )
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