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Hi.I my sister-in-law recently agreed to purchase a new car from a large dealership.She was given the order form/contract (completed by the salesman) and asked to sign in the various boxes indicated to her (she explained he would have to do this as she didn't have her glasses).At the time she was also asked to pay a £500.00 deposit.This she did by debit card.
The next day I looked over the order form/contract and commented the purchase price looked quite high for the car she had ordered.I went on the internet and found the same car,with another main dealer,was being advertised for £2300.00 less.
We contacted the original dealer who :
1.Did not believe the price from the 2nd.dealership unless proof was supplied to them.This was subsequently supplied.
2.Stated they had made a mistake on the original order/contract by pricing for a diesal car instead of the petrol car ordered.
The original dealership then sent an email stating "I have been told I can redo the deal for you at £11495.00 (some £1000.00 cheaper then the original order/contract) to include a free incentive value £199.99.
This still was some £1300.00 more than the second retailer so we cancelled the order and requested refund of the £500.00 deposit.
They refused to return the deposit instead offering to carry out various extras on the new car from the other dealership (reversing sensors etc.) to the value of £500.00.When this offer was rejected with another request for full return of deposit monies they became quite aggressive and stated that on the original order/contract it quite clearly stated non-returnable deposit and that we would be getting nothing.
Can anybody advise on the following:
1.The original contract was financially incorrect by approx.£1000.00.Does the company have to re-issue a new order/contract to remedy this therby voiding the original document?
2.By emailing offering to "redo" the deal does this void the original contract?
3.The contract has three spaces for the buyer to sign,which were signed by my sister-in-law and one space to be signed by the Manager of the company.This was not signed.Does this void the contract?
Any help would be appreciated as to the validity of the contract and any rights to reclaim the deposit.
trampuss
I think that if they have agreed that there was an error on the original contract then this would have the effect of vitiating the contract.
Do you have this admission in writing from them?
Write down a full account of everything that has happened including notes of conversations along with times and dates. This is for your own record.
Write to the dealership and lay out your position that as the original contract was, by their own admission, incorrect, that it is void and that the term relating to the non-returnability of the deposit is also void. Offer them 7 days to pay up or you will sue. Send them this lba immediately. Be as good as your word and if you are not prepared to sue then don't bother.
They will test you on this and you will have to show that you will do whatever it takes to recover your money.
Please don't pm me about specific questions unless you have posted and it has not been dealt with or unless the matter is confidential. Please include a link to the post you want me to look at. If you have received a defence, contact me.
Advice & opinions of BankFodder, The Consumer Action Group and The Bank Action Group are offered informally, without prejudice & without liability. Use your own judgment. Seek advice of a qualified insured professional if you have any doubts.
Thread moved here-keep us posted and feel free to ask if you need further help.
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The mistake was admitted in a telephone conversation betwean my sister-in-law and the salesman.It came about when the cost of the vehicle was queried by her.After quoting other dealership prices to the salesman he checked his documentation and statedthe price on the order form/contract was a mistake because although he had ordered a petrol car with the manufacturers he had charged her for a diesel car (if it went to court I supposethis could be confirmed by obtaining a copy of his order to the manufacturers).He then emailed the following:
I have shown the enclosed (a copy of another main dealers price for a petrol car which we supplied to him)to our sales director and as you can imagine he doesn't know how they can advertise these prices.HoweverI have been told I can redo the deal at £11495.00 and to include the supagard treatment with three year warranty RRP.£199.00.
The above fits in with a car they had in the showroom which was priced at £10495.00 and for the next model up,which was my sister-in-laws choice,it was an extra £1000.00 because it had alloy wheels instead of steel.
Care to name the dealer trampass? May help others. I got caught out too but have since had my money back. Dealers are up to all the dodges to try and claw back something of the competitive prices offered. Is the owner of this group of garages known as Sir?
Regarding the Supagard treatment, I used to be a valeter at a main dealer, and think the prices they charge for supagard are a joke. We used to apply the treatment, and in all honesty, you'd be better off buying a Supagard valeters pack off ebay, and applying it yourself. You wont get the guarantee you'd get if bought through a dealer, but I've never heard of anyone using the guarantee anyway. Its just a ploy for the dealers to get more cash out of you, and if you really must have it, save yourself £160 and buy it off ebay and apply it yourself. If you can polish and clean your car yourself, then you can Supagard it, it really is that simple.
New car dispute.
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