I'm hoping that someone can help me with some sensible and realistic advice on the best way to handle the problem I have, so that I get a good outcome, for me.
At the weekend I went to franchised dealer and "bought" a 2004 plate car with delivery mileage. The reason bought is in inverted commas will become clear.
I paid a deposit (by credit card) of a few hundred pounds and signed (along with the dealer) the "Used Vehicle Order Form". This form gives the details of the car, including the registration number and mileage.
This morning I phoned the dealers and was stunned to be told there was a problem with the car as it had already been sold earlier in the month!
Once again, I was offered a similar car with a few thousand miles on the clock.
As you can imagine there have been a few phone calls back and forth.
My current position is as follows:
The dealers cannot supply the car I purchased (I guess this may be called fraud) and I am under no obligation to buy any other car they offer.
I am entitled to my deposit refunded.
Whether or not I purchase a car from this dealers, I should request they pay the admin charges for changing my insurance.
Any advice?
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Your position is pretty much as you've set out.
I take it that the dealer is saying that your paying a deposit is irrevocable and if they decide that you should pay for one of the plastic plants instead of a car, you have to put up with it? In that case, well done on paying your deposit by credit card, as the Consumer Credit Act 1974 makes your credit card company jointly liable for the dealer's breach of contract, although they can recover the funds from them.
However I would go back to the dealer once more and calmly set out your position, possibly getting advice from Trading Standards in advance (and ccing them with any correspondence) before trying to explain the Consumer Credit Act to a call centre bod.
In theory they should pay the admin charges for your insurance but you may find that extracting that from them is more trouble than it's worth as that is a consequential loss - yes, it's recoverable in theory (and probably in practice) but not as easily as the remainder of the deposit.
However I would say that it can only be called fraud if they *knew* (and that would be the individual salesman, not the organisation) at the time that the car had already been sold.
Incidentally, what is the car and the suggested price?
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Astra 1.7 CDTi (old shape) £8,900.
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Quote:
"However I would say that it can only be called fraud if they *knew* (and that would be the individual salesman, not the organisation) at the time that the car had already been sold."
I wanted to look at a car at one of their other dealers as I preferred the colour. This dealers said they could sell it to me. Left me for 10 mins then came back and said the car was sold. He then found the car that I bought and phoned the dealers it was at to check it was there and still for sale. He also phoned once I had bought it to ask for a sold sticker to be put on the car. Both these calls took place when I was there. Therefore I struggle with how it wasn't known either by the computer or by the salesman at the other dealers that the car was sold. If there is one thing salesmen know, it's their stock
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>>I guess this may be called fraud
If they knew what they were doing and intended some advantage from it, but that sounds unlikely.
Have they actually told you that you cannot have your deposit back ?
And how much did the change on your insurance cost ? Most would simply abort the amendment for this, or is your broker still charging you ? In which case I would ask the garage for the money and then change your broker as well.
Everybody can make mistakes, and this sounds like a genuine one. If they offer you another deal you're interested in then take it but if they don't, then don't.
Certainly if I did buy another car from them, I would expect it to be a deal which reflected the trouble I had been put to.
As for overall advice, do try and stop it being needlessly confrontational - you have nothing to gain and will only cause yourself stress.
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IMHO Mark and David advice encapsulates the essence of this forum. Sound and worth a guinea a line!!!
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Quote
"As for overall advice, do try and stop it being needlessly confrontational - you have nothing to gain and will only cause yourself stress."
I have left it with the garage to find me an equivalent delivery miles car which I will consider. Should nothing be forthcoming, I shall write to them of Friday, pointing out they are in breach of their contract and set out the terms and timescale under which I expect a resolution. At the moment, I haven't decided what I want that resolution to be. My credit card company advised that I should write to the dealers soon pointing out they had breached the contract to ensure there was no probs getting my deposit back.
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I'm assuming you're buying this new astra as your old corsa is still broken. You need to decide what you want from this situation. Do you want to walk away entirely and be put back to where you were before with deposit returned, admin charges refunded and no car or do you want another astra to your exact requirements?
Never attribute to malicious intent what can be adequately explained by stupidity :-) Much more likely someone made a mistake. If they're a large national dealership they've probably got a website with all their cars on. Find one like the one you were sold, either at a better price or a better spec and tell you want that one.
Alternatively give up on them and have a trawl through some of the internet dealers recommended in HJ's directory. You may find a much better deal there anyway. Just resist the tempation to take your pointy stick with you when you go for a refund :-)
teabelly
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Had the same thing happen to me recently - dealer offered me exactly same model/spec car with a few thousand more on the clock - I complained (politely), argued the new car was worth less than the one I signed for & in the end negotiated a nice extra discount - car is as good as expected !!
As already mentioned if you have decided on the car you want & the dealer has an alternative I'd seriously consider it - obviously with some discount for all your inconvenience
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Teabelly, my Corsa is now fixed. The garage never quite got to the bottom of it, but replaced the water pump, cylinder head gasket, various temperature thingies. They had it for 5 days and took it out for 45 miles of test drives over the course of the week.
I was stunned when I got the bill - £170! A very, very honest garage.
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Get a full refund and go elsewhere. There are plenty of Astras about and if the company can't keep proper records at this stage do you want to deal with them in the future?
I am aware of more unscrupulous dealers (dodgy supermarket operations from what I've seen and read) who sell a car then call you a few days later to say they have carried out their extensive checks and find a serious fault with the car so they advise you not to buy. What has happened in reality is a deal has been done with you, but they have kept the car in the showroom and achieved a better deal with another purchaser. I'm not saying this is the instance in your case, but don't believe all they tell you!
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It's a fairly well known sales strategy for shifting a piece of stock that's proving difficult to get rid of.
1. Arrange sale of attractive piece of stock, give customer a good deal. Secure deposit.
2. At last minute claim that attractive piece of stock is unavailable for some reason. Offer 'problem stock' as an alternative.
3. At this late stage the customer is likely committed to the idea of buying there and then, so there's a good chance they'll accept.
4. Even if they need some convincing, there's always the deposit. Tell them it's non-refundable, or some other such bull.
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Getting money out of a dealer? I think not ;)
Since they would argue that at the time of sale they 'acted in all good faith' and as such, they are not liable for any costs incurred by you. I don't foresee them giving you any problems in returning your deposit in full and I endorse the comments from other fellow Backroomer's that if this Dealership cannot maintain good records for something as simple as which cars have been sold/not sold - it wouldn't instill any great confidence in me that they would be able to get something more complex right (like servicing).
Buyers market man, look further afield.
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Im not plain stupid, just a special kind of stoopid.
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