Trader sold car i put deposit on! help

[mooper]

Hi everyone,

I'm stumped on what to do next, please help/advise me? ;-)

I went to a car dealers on 1/07/08 and agreed to buy an audi a3 from them. the salesman sorted out all the finance, and i had to provide all my documents etc etc. I didn't have a utility bill as i live with my parents so i had to provide bank statements.

I only do online banking so i had to order my statements by post, and they took 5 days to arrive. all the time i was in contact with the dealer and the finance company who were prepared to wait for them.

The deal went ahead there and then and i signed for the finance and the car etc and paid a £200 deposit on the car. I was given the invoice and told to fax the bank statements through then i could collect the car on Mon 7/07/08.

My bank statements didn't arrive until weds 09 July. I phoned the dealers on the weds and no salesman was there so i had to phone back on Thurs, which i did. I was told on thurs that the car i had "bought" had been sold!

I asked how can you sell it when i have paid the deposit and have the invoice for the car? He said they had waited for too long, surely they cannot do this to me??

PLEASE HELP!! Thanks.

P.S I have an appointment to see Citizens Advice on Monday about it.

[mooper]

P.S the dealer did not contact me at any time to notify me and i even changed my insurance twice which cost me £25 admin fees twice. I feel robbed!

[gwc1000]

Hi, have you had your deposit refunded? Viewing your post it reads that you were due to collect the car on Monday, but didn't contact the dealer until Wednesday is that correct?

[mooper]

yes i was due to get it monday but i phoned them and the finance company and told them i hadn't recieved my bank statements, and they were fine about it. I phoned them 9 times in all up to the 10th. They never phoned me once or told me the car had been sold again.

I have been back today (60 mile round trip!!) and have been given a cheque for my £200. I asked if i would be compensated for my expenses and he said the manager would have to decide??

I have lost out on around £100 costs through their incompetence and i want it back, I wouldn't be suprised if the cheque bounces!

If it was the other way around they could claim against me for breach of contract i'm sure.

[mooper]

:oHi all,

Been advised to write a letter of complaint to the dealer, asking for compensation for my expenses.

Citizens Advise were really helpful, just hope i can get my money back!!

[raydetinu]

If you have a receipt for the deposit and on is the registration of the car etc. it is your car unless there is any statement or limit on the time to pay the balence. that what a deposit is fir to hold the car for you. I pressume it was non-refundable.

They have sold your car!!!!

you can now take them to court if you wish, returning the deposit is not enough, you will be entitled to any and all out if pocket expenses, insurance monies, inconvenience etc. I believe they could also be ordered to supply a similar car to the one you paid for or some other form of compensation. You should put this to them and see what they say, they will have to compensate in someway.

[mooper]

Thanks raydetinu

 

I have written a letter to them asking for compensation for my expenses. I'll let you know how i get on.

If they refuse i will be taking them to court!

[robuck]

It all depends on whether the Finance company have paid the dealer or not i presume.

 

If you have singed for the finance and it has been paid out then they will have to put you into a car the same as the one you bought. You will have to sign a transfer form confirming you are changing car ( but again you should get the same spec car).

 

If the finance has not paid out, ( which is likely ) as you had not provided the correct details then there is no agreement in place because either yourself or the finance company have not kept their side of the agreement ( ie you to provide bank details and them to pay the dealer).

 

i dont mean this to sound rude, but you state in your post that due to their incompetence you have lost a car, but in all respect they were merely waiting for you to procide documents.

 

Im not saying its your fault, just that as a dealer they cant leave a car sitting round which isnt going to get sold.

 

Maybe not the reply you wanted, but i hpe you manage to get your money back.

[raydetinu]

Does not matter that the finance had been arranged or not, the car was in effect the purchasers subject to the finance being sorted out. that is the contract. until that fact has discharged, i.e completed or finance refused. Mooper is entitled to compensation. The garage broke the contract, and if no recompense ensues and ahould seek redress through the courts.

 

This stops unsrupulous dealers taking deposits for cars etc. after agreeing a discount say and then when somebody comes along willing to pay the full price selling it to them for the extra money. a deposit and receipt secures the property until the circumstances change or mutually agreed otherwise, you can put a time limit to complete the transaction, but that must be agreed at the time and stated on the receipt.

 

I had similar problem when I put a deposit £200 on a piece of furniture, only one available, at £500 total ,remainder to be paid cod. It never showed up. they had sold it to somebody that took it from the shop, different salesman. I got a replacement free,except for the deposit, but had to wait a week, they had in effect sold my property. they did not want me to sue the arse of them.

[robuck]

Does not matter that the finance had been arranged or not,

 

the car was in effect the purchasers subject to the finance being sorted out.

 

??

 

if the finance company were waiting on bank statements to release the funds then quite clearly the finance hadnt been sorted out.

 

I would agree that the £200 should be paid back but as it states it already has.

 

No title to the vehicle had changed hands ( it would appear). No funds were forthcoming from the finance company. No transfer of title was in effect for the car.

[raydetinu]

True he should not of accepted the £200 back, mistake ( I miised that bit sorry ). can still ask for compensation, but case not nearly so strong and would probably loose if came to court. what a wally him and me!