New car legal advic...
 

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[Closed] New car legal advice - Sh** dealers (again)

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Last week I did a deal on a brand new Volvo V60 R Design. The dealer let me test drive a few cars, they were left the keys to my 2016 Mercedes E Class whilst I was out driving theirs. They asked me about my car and told them it had 85k, FSH and recent major service, MOT etc etc. I've spent £3,000 on maintenance on it in the 12 months and 20k miles I've done in it. They valued my car and it came in favourable, thinking they'd upped the value knowing clean Merc's are bringing a premium at the moment and used some margin from the new car. The valuation left me a small deposit for the new car, so done the deal.

Just had a phone call from them saying there's been a discrepancy, my car has 86k on the clock, not 35k. I said to them that I never claimed it did have 35k on the clock, why would I when I bought it a year ago today with 64k on the clock. Apparently when they were evaluating my trade in the girl entered 35k on the trade in form and the car was valued based on that. When I dug deeper about the 'form' it transpires that it's what the girl had completed was on her PC. During the test drive, I left my keys with them to check my car over knowing fine well they would check the odometer and bodywork, as they all do!

I told them that why on earth would I do that when the MOT history is readily available, I've left dozens of service receipts with mileage references on it, I've had services done on the car that aren't even due til the car has done 60k (gearbox service as an example).

The sales manager said they didn't check the odometer or MOT history because they expect their customers to be truthful and he'd check the CCTV to see if I'd left my keys on her desk whilst out for a test drive! He said he will 'back his girl to the hilt' and will be getting the dealer principal to contact me in the morning to discuss it.

As I had a private plate on my car I had to put it on retention and awaiting the log book. Because they need it, they normally ask for a holding deposit, so I told them to keep the £1400 they owe me until I bring the new V5 back. Hardly the stance of a fraudster.

I'm absolutely raging with them, a new car experience totally ruined because of incompetence.

I'm sure I have a cooling off period with the car as the deal was signed online.

I've told them I'm not paying any more money, they've had numerous opportunities to have checked my car over, even in my absence.

I'd have rang my brother in law if he wasn't on holiday 🙂

 
Posted : 10/03/2022 7:31 pm
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I’m absolutely raging with them, a new car experience totally ruined because of incompetence a typo.

 
Posted : 10/03/2022 7:49 pm
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Just cancel the deal 🤷‍♂️ & go with a different dealer.

Although it's 100% on them to check the part exchange vehicle over before giving you a confirmed exchange value, but there's prob some get out clause in the paperwork.

 
Posted : 10/03/2022 7:52 pm
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a new car experience totally ruined

Is buying a car ever a nice experience? For me it's always been full of pitfalls and concerns and I'm never comfortable until at least a month after getting the keys to the new car so I'm confident it's not a lemon.

My best part of car ownership is after 12 months once you have settled with the car and any of the admin and financial bits are long settled down.

 
Posted : 10/03/2022 7:55 pm
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He can back his girl to the hilt all he likes, no one’s accusing her of anything more than a typo. Have you got the offer in writing? If not just hand the car back ASAP and take photos of the whole thing, inside and out, every panel and wheel etc while you are handing it back.

 
Posted : 10/03/2022 8:05 pm
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Have you got your new car or not?

If you have tell them to swivel.

If not tell them to swivel and go to another dealer.

Perhaps when the salesperson gave the details to the girl for trade-in value his written 85k looked like a 35k to her.

 
Posted : 10/03/2022 8:11 pm
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Me? Why?

Their cock-up, their error to sort out. Businesses have to accept errors every day, you can't always go back to the customer and say 'we made a mistake, give us some extra cash'.

 
Posted : 10/03/2022 8:18 pm
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They are sorting it. They’re telling you to pay up or go elsewhere, sorted. I’m sure if there was still money in the deal for them after finding out the 50,000 mile difference, and you were lovely and polite throughout, they could help - however they just might not want to

 
Posted : 10/03/2022 8:29 pm
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I'm tempted to say tough luck to the dealer, but then I thought about it. Just suppose you'd taken in a 35K car and the dealer had put in 85K on the PX screen and they'd come back with an offer on that basis.

Would you raise it and expect them to revise? Is what they're doing any different?

Only difference is 1/ sticking it to the man; 2/ time elapsed to spot the error. Neither are good enough reasons to go absolutely raging over.

They valued my car and it came in favourable, thinking they’d upped the value knowing clean Merc’s are bringing a premium at the moment and used some margin from the new car.

How much better was the valuation than you had in your mind - you must have had an idea? Sure it wasn't a case of 'don't look a gift horse in the mouth'?

 
Posted : 10/03/2022 8:33 pm
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You come across as much of a **** as they do. Well done chum.

Come on, are we not past the personal attacks on this forum still? Not really acceptable bud.

 
Posted : 10/03/2022 8:35 pm
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This your car or BIL's car again.

🙂

 
Posted : 10/03/2022 8:36 pm
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The sales manager said they didn’t check the odometer or MOT history because they expect their customers to be truthful

And this doesn't seem to ring true - every car I've ever traded the sales person has sat in the drivers seat and turned the ignition on to check for warning lights etc.

They're just as suspicious of us as we are of them! They aren't mugs. 🙂

 
Posted : 10/03/2022 8:43 pm
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I recently part ex my car, I had to sign a form that included their agreed part ex value of my car.

If it’s a main dealer I would be amazed if you didn’t have the same ?

 
Posted : 10/03/2022 8:44 pm
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He can back his girl to the hilt all he likes, no one’s accusing her of anything more than a typo. Have you got the offer in writing?

I said the same, but they're talking to me with real contempt like I've deliberately mis-informed her, which pisses me off more than anything as I know that's not the case. Part ex value and settlement figure is mentioned on order form.

Have you got your new car or not?

Yes, picked it up today, they called me 4 hours after owning it to tell me about the 'discrepancy'.

How much better was the valuation than you had in your mind – you must have had an idea?

It was about where I expected it to be, especially given they were looking to do a deal on a car they had to shift on and had lots of margin to play with due to the extensive list of options that inflated the RRP.

Sure it wasn’t a case of ‘don’t look a gift horse in the mouth’?

Nope. I'd been offered slightly more for a private sale, but the ease of handing it to the dealer and them paying off the finance was worth losing the £200 more I'd been offered privately.

Come on, are we not past the personal attacks on this forum still? Not really acceptable bud.

Thanks, Airvent, much appreciated.

And this doesn’t seem to ring true – every car I’ve ever traded the sales person has sat in the drivers seat and turned the ignition on to check for warning lights etc.

Exactly! The trade in was in A1 condition and had full service history, new tyres all round, two new batteries and new control arm bushes, at the time they said it looked like a 3 year old car not 6 year old.

For the comments about 'go to another dealer'.... I bought this car because it was built, ready to drive away and not subject to a factory order. I have a 14 day cooling off period with it, if the garage want to get arsey then I'll hand it back and they can give me my Merc back and costs involved.

 
Posted : 10/03/2022 11:13 pm
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So they've formed a contract, you've traded in your car, which they had the opportunity to inspect, handed over your new one, given you your paperwork, received yours, which presumably includes a fsh/mot docs for the Merc, and waved you off the forecourt?

They just haven't done their due diligence, have they? The idea that it is normal for them to complete a deal based solely on the word of the customer is laughable.

Has the Volvo been registered to you yet? Would have thought it will cost them more to take it back at this stage, as it is effectively now a secondhand vehicle.

(I now sit back and await the inevitable arrival of the car dealership on the thread. I noted from 'that' thread that you were somewhat combustible in your negotiating style. 🙂 )

 
Posted : 10/03/2022 11:39 pm
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Seems like the salesperson is trying to cover their arse but have zero leverage over you.
Move on...

 
Posted : 10/03/2022 11:47 pm
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if the garage want to get arsey then I’ll hand it back and they can give me my Merc back and costs involved.

What costs involved?  You chances of getting anything are very low IMO

 
Posted : 10/03/2022 11:48 pm
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What costs involved?

£500 + VAT.

The sales manager said they didn’t check the odometer or MOT history because they expect their customers to be truthful and he’d check the CCTV to see if I’d left my keys on her desk whilst out for a test drive! He said he will ‘back his girl to the hilt’ and will be getting the dealer principal to contact me in the morning to discuss it.

‘I’m sorry your (poor) internal processes have lead to this situation, but fail to see how this is my issue’

 
Posted : 11/03/2022 6:11 am
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‘I’m sorry your (poor) internal processes have lead to this situation, but fail to see how this is my issue’

^ that.
The deal is done is it not? All signed and sealed?

 
Posted : 11/03/2022 7:27 am
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I didn’t realise you already have the car. Definitely put that into “that’s the dealers issue to fix (internally)” in that case

 
Posted : 11/03/2022 7:30 am
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Surely the dealer will have an inspection plan when making a trade in offer? Ask for a blank copy. Surely they must check the condition of the vehicle and odometer before making an offer?

 
Posted : 11/03/2022 7:41 am
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I would be rather difficult to get hold of in this situation. Take day off work to sort new car. Not going to be answering many post sale follow up calls during office hours the following day.

 
Posted : 11/03/2022 7:45 am
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Ooo Mick's back with another car based slightly dodgy tale of woe...

Based on past performance, I'm more inclined to believe the unbelievable and side with the dealer...

 
Posted : 11/03/2022 7:49 am
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Tell them you grifted them good and proper and ask what they're gonna do about it.

 
Posted : 11/03/2022 7:52 am
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If they don’t check the Odo, on what basis did the girl type in 35k miles?

 
Posted : 11/03/2022 8:09 am
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Car dealers are buffoons and rate with along side Tory MP's IMHO. Tell them to do one, their mistake. Would they not loose money as you now have the car and therefore would now be "Used"? Would they now stand to loose more money on the car if you returned it?

I hate them, utter buffoons......

 
Posted : 11/03/2022 8:10 am
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The sales manager said they didn’t check the odometer or MOT history because they expect their customers to be truthful

Well I expect car dealers to do their due diligence when entering into a multi-thousand pound contract, and proving you were deceitful is likely to be a lot more difficult than proving it was a typo.

I had a more pleasant overall experience recently but the dealer never transferred the car to my name. 3 weeks later I called them to say DVLA still had it registered to them and my sales guy said the DVLA were lying, he'd done the transfer, there was nothing else he could do.

Good job he'd given me their full copy of the V5C in all the other paperwork...

 
Posted : 11/03/2022 8:11 am
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If they don’t check the Odo, on what basis did the girl type in 35k miles?

When I was asked about the details of my car she typed the details into her PC, they're now claiming that I told her it was 35k, not 85k.

Would they not loose money as you now have the car and therefore would now be “Used”? Would they now stand to loose more money on the car if you returned it?

Yep!

 
Posted : 11/03/2022 8:39 am
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So they’ve formed a contract, you’ve traded in your car, which they had the opportunity to inspect, handed over your new one, given you your paperwork, received yours, which presumably includes a fsh/mot docs for the Merc, and waved you off the forecourt?

They just haven’t done their due diligence, have they? The idea that it is normal for them to complete a deal based solely on the word of the customer is laughable.

This x 10

( leaving aside the recent ( as yet unverified) news that you're the Ming bloke ( are you?))
Chill dude, the dealer had effed up.

If you're upset by them trying to blame it on you then just laugh at them. Don't let their crap get to you, just literally laugh at them down the phone.

You have a contract, you have the car. Where's the catch?

 
Posted : 11/03/2022 8:44 am
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I go back to my other points that you haven't answered

I’m tempted to say tough luck to the dealer, but then I thought about it. Just suppose you’d taken in a 35K car and the dealer had put in 85K on the PX screen and they’d come back with an offer on that basis.

Would you raise it and expect them to revise? Is what they’re doing any different?

Only difference is 1/ sticking it to the man; 2/ time elapsed to spot the error. Neither are good enough reasons to go absolutely raging over.

It sounds like an honest mistake. I get you're pissed off that they're saying you misled them, and my stance hardens again at that. But it's not as if they've said 'type in 35K, that'll give us the collateral to do a deal, then we'll spot the mistake blame it all on him and nail him for another £1500' is it?

If you're going down the dig your heels in route, I'd request copies of paperwork (I assume they have dealer notes on a form or in a notebook, and also copies of the service history as i suppose you handed them over with the keys and service book) and talk about timely due diligence before signing a binding contract.

Could you find a compromise? Part settle the difference in return for a service plan, for example?

 
Posted : 11/03/2022 8:53 am
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I don't see why he has to do anything.

AS above "sorry mate, your mistake, have a nice day"

All of this is assuming you don't need to use that dealer again of course for any warranty/issues.

 
Posted : 11/03/2022 8:55 am
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I was told by a dealership that my secondhand car had not been in an accident or had any bodywork repair, only to find the rear bumper was patched with filler (to be fair it was a good repair and I couldn’t see it I only found out when I had a tow ball fitted because the epoxy had glued the bumper to the substructure).

I was advised caveat emptor applied (As long as they don’t put anything in writing they can tell you whatever bollocks they like).  I would guess that the same applies in reverse.  Its not the same dealership but perhaps group karma applies

 
Posted : 11/03/2022 8:56 am
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What advice are you actually looking for?

If you haven't lied then it's just their mistake.

You mention the cooling off period. Do you want to keep the new car or not?

It feels like you haven't decided that.

 
Posted : 11/03/2022 9:04 am
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As I had a private plate on my car I had to put it on retention and awaiting the log book. Because they need it, they normally ask for a holding deposit, so I told them to keep the £1400 they owe me until I bring the new V5 back. Hardly the stance of a fraudster.

I don't understand this bit. Why do they owe you £1,400?

Presumably at the point of sale there was some sort of bill of sale, invoice, something you had to sign which recorded all the details of the transaction? What does that say on it?

 
Posted : 11/03/2022 9:29 am
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Hang on..
You sold them your car for X amount...
They sold you your new volvo for £y-x...
It's all signed and you're in a shiny new car.

And now they are phoing you asking you to give them some money back?
Is this right?

It's not clear what this £1400 is...

If this is right, this is the equivalent of me selling someone a bike for £500, then a week later asking them if they'll give me another fifty for it...no???!!

Tell them to jog on.

DrP

 
Posted : 11/03/2022 9:41 am
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I’m still wondering why he sold the first car being as he spent so much money on it and it was so good.

 
Posted : 11/03/2022 9:45 am
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I daresay just like OP's last car-related thread there's probably more to this than meets the eye...

 
Posted : 11/03/2022 9:47 am
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The OP isn't always up front with car threads https://singletrackmag.com/forum/topic/legal-advice-please-cancelling-a-new-car-dispute/

Until we know the other sides version, let's not assume things are what they seem to be

 
Posted : 11/03/2022 9:50 am
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Anyhow, if you had a slightly higher offer for a private sale, sounds like they were trying to signficantly lowball you on a trade-in for a immaculate car with 50K fewer miles.

Still don't understand the 1400 business.

you’re the Ming bloke

 
Posted : 11/03/2022 9:50 am
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I think he is saying it cost home £1400 to out his plate on retention, and if he returns the new car and cancels the deal, he wants it refunded from them. 🤷‍♂️

 
Posted : 11/03/2022 10:04 am
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Ah, I see, do we shout 'Ling, Ling, Ling' at this point?

 
Posted : 11/03/2022 10:10 am
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This thread is useless without gifs

 
Posted : 11/03/2022 10:22 am
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When I was asked about the details of my car she typed the details into her PC, they’re now claiming that I told her it was 35k, not 85k.

At any point, were you asked to sign anything to the tune of ‘the above is correct to the best of my knowledge?’

 
Posted : 11/03/2022 10:22 am
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This thread is useless without gifs

 
Posted : 11/03/2022 10:30 am
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I think he is saying it cost home £1400 to out his plate on retention, and if he returns the new car and cancels the deal, he wants it refunded from them.

From memory it cost about £75 to put a plate on retention 🤔

 
Posted : 11/03/2022 10:59 am
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Update:

Been to garage this morning, to be met by three people all apologising they'd got it wrong. They checked the CCTV, they could see that I did leave my keys with them whilst on the test drive and can see the sales girl check the outside of the car, but didn't check the inside of it, or the mileage. They also accept they had at least three opportunities to have checked the mileage and didn't, so they apologised unreservedly.

As soon as the log book for my old car comes back they'll pay me the difference and case closed.

 
Posted : 11/03/2022 11:11 am
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It’s not clear what this £1400 is…

That's the difference of what I owed on old car Vs the trade, which they will return to me when I give them the new log book with the original car reg.

I’m still wondering why he sold the first car being as he spent so much money on it and it was so good.

Because I have a car allowance and it states the car is to be 4 years old max, it was six and becoming a financial liability.

I daresay just like OP’s last car-related thread there’s probably more to this than meets the eye…

*yawn

The OP isn’t always up front with car threads https://singletrackmag.com/forum/topic/legal-advice-please-cancelling-a-new-car-dispute/

Until we know the other sides version, let’s not assume things are what they seem to be

See my comment above, they cocked up, but nice to see you're happy to drag crap up from years ago to prove you're judgmental

 
Posted : 11/03/2022 11:17 am
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As I had a private plate on my car I had to put it on retention and awaiting the log book. Because they need it, they normally ask for a holding deposit, so I told them to keep the £1400 they owe me until I bring the new V5 back. Hardly the stance of a fraudster.

So the £1400 is the balance of value of the traded in Merc against the finance on that car. Which OP is using as deposit on new Volvo or is excess above the deposit and should be returned to OP.

When new Volvo V5 gets to the OP, he can then take his plate off retention and put it on new car.

So currently the dealer is sat on £1400 of OP's money, which should be used as deposit on the new car. Are you worried OP that the dealer will 'keep' this money in lieu of the difference in valuation on the Merc, rather than apply it as deposit on Volvo or return to you?

 
Posted : 11/03/2022 11:17 am
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Edit: ignore me, I typed reply while OP was clearing things up.

 
Posted : 11/03/2022 11:18 am
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The world of car finance never fails to baffle me!

 
Posted : 11/03/2022 11:26 am
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Wasn't crap tho was it 🤔

 
Posted : 11/03/2022 11:26 am
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Been to garage this morning, to be met by three people all apologising they’d got it wrong. They checked the CCTV, they could see that I did leave my keys with them whilst on the test drive and can see the sales girl check the outside of the car, but didn’t check the inside of it, or the mileage. They also accept they had at least three opportunities to have checked the mileage and didn’t, so they apologised unreservedly.

And then they all stood up and clapped...

So really, what you're saying is you went off too soon until they'd had a chance to check it, now they've checked it it's all fine so this whole thing was a load of fuss over nothing?

 
Posted : 11/03/2022 11:26 am
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Surely if the deal is done and all signed for, it's not your problem.

 
Posted : 11/03/2022 11:27 am
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So currently the dealer is sat on £1400 of OP’s money, which should be used as deposit on the new car. Are you worried OP that the dealer will ‘keep’ this money in lieu of the difference in valuation on the Merc, rather than apply it as deposit on Volvo or return to you?

Exactly this. They have assured me that they'll return the money when I bring in the new log book for the trade in.

So really, what you’re saying is you went off too soon until they’d had a chance to check it, now they’ve checked it it’s all fine so this whole thing was a load of fuss over nothing?

I had a cooling off period on the new car, why would I sit around and wait and reduce my options?

Someone called me up and categorically stated I'd provided them false info, I wanted it cleared up ASAP as they're sitting on £1400 of my money.

 
Posted : 11/03/2022 11:40 am
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Someone called me up and categorically stated I’d provided them false info, I wanted it cleared up ASAP as they’re sitting on £1400 of my money.

As I read it, it's literally been a day? You asked them to reconsider/recheck - they did and now it's sorted? Still struggling to see the problem here...

 
Posted : 11/03/2022 11:47 am
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Hang on.

In your OP you said they were claiming that their mileage record was based on what you told them and they don't check it so it's all your fault for lying to them, now today:

They checked the CCTV, they could see that I did leave my keys with them whilst on the test drive and can see the sales girl check the outside of the car, but didn’t check the inside of it, or the mileage.

... thus proving what you say they said in the first place, that they didn't check it? What's changed?

I don't doubt for a moment that you told them a genuine figure and the mistake was theirs in entering it wrong. But I don't understand where your sudden innocence comes from, it looks like the opposite.

 
Posted : 11/03/2022 11:48 am
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Cougar, I read it as they disputed they could even have checked the car over (inc odo) as he didn't leave the keys with them, or so they protested.

The CCTV however shows he did thus blowing their contention out of the water.

 
Posted : 11/03/2022 12:02 pm
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But from the OP:

The sales manager said they didn’t check the odometer or MOT history because they expect their customers to be truthful and he’d check the CCTV to see if I’d left my keys on her desk whilst out for a test drive!

What do the keys matter, that's not the reason cited. If he'd said "the sales manager said they couldn't check the odometer because I didn't leave the keys" that'd be different. (And would still have been their fault for not insisting, of course.)

 
Posted : 11/03/2022 12:15 pm
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But I don’t understand where your sudden innocence comes from, it looks like the opposite.

pardon? My stance has been the same from the minute I walked into the showroom. I told her the correct mileage, she's wrote it down wrong and clearly when she's realised she's got it wrong, she's then tried to blame me.

They've had three opportunities to check the mileage and didn't.

Today they admitted that it was ALL their own fault.

 
Posted : 11/03/2022 12:17 pm
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I'm reading it different to be honest Cougar, hence why they said they would check the cctv.

Edit: Glad it's all resolved anyway op.

 
Posted : 11/03/2022 12:18 pm
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What do the keys matter, that’s not the reason cited. If he’d said “the sales manager said they couldn’t check the odometer because I didn’t leave the keys” that’d be different. (And would still have been their fault for not insisting, of course.)

and he admitted today he was wrong because he's now checked the CCTV and not only seen that they could have, but they didn't. Nor did they check it again when I went to pick the new car up.

 
Posted : 11/03/2022 12:20 pm
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On the face of it garage made you an offer on your car as part of the deal, you liked the price and agreed. They came back and said we cocked up ay us more at which point I would have said sorry, I entered into a contract in good faith.

The mileage issue is a red herring, even if he'd lied through his teeth about it it's such a simple thing to check due diligence falls to them to check before completing the deal.

All very simple and has worked out as it should.

 
Posted : 11/03/2022 12:25 pm
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Well done OP it all worked out as it should. Enjoy the car

I am just struggling to understand where some people are getting their views of your wrongdoing it seems straight forward to me that the garage did not do their work properly. I suspect the person who called you was trying to find a way out of the mess up. It created a very bad experience and I would have been very concerned in your shoes.

 
Posted : 11/03/2022 12:28 pm
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he admitted today he was wrong because he’s now checked the CCTV and not only seen that they could have, but they didn’t.

But we already know they didn't, in your OP you said they admitted they hadn't checked it - you said that they claimed they didn't check the odometer because they trust their customers, not because they didn't have the opportunity. Hence your (justified) outrage at being accused of lying to them.

 
Posted : 11/03/2022 12:40 pm
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I am just struggling to understand where some people are getting their views of your wrongdoing

Because he has history on here of slightly dodgy dealings - at least twice to my certain knowledge so people remember leopards rarely change their spots...

 
Posted : 11/03/2022 1:46 pm
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I'll say again;

I'd be annoyed at the false accusation as much as anything, but I'm a little surprised and disappointed even, do we not let anyone off a genuine mistake any longer. Just because it's a garage or a company, the attitude of 'tough shit, your problem' doesn't sit that well with me.

 
Posted : 11/03/2022 1:59 pm
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Interesting this.

My partners last car was p/xd at a Honda dealer, we followed the same pattern, went out on a test drive and let them have a look round our old car whilst we were gone.

We dealt with a lady whom, it turned out was the wife of the sales manager. She had lost her unrleated job, and this was her new role, and we were her first ever customers, so she was lovely.

I had a 'cost to change' in mind, (because thats what matters, not how much they give you p.x or how much the new car is) and they came in with a very favourable figure, so we bought the car there and then.

Only once we were home, did we spot that when filling out the p/x appraisal documents and value calculator, she had input the mileage of our old car as the number on the trip computer. Which would have been, at an absolute maximum, 999. Not the number on the odometer. Which was 70 thousand and something.

 
Posted : 11/03/2022 2:21 pm
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surprises me in this computer age that it doesn't flag up and need an additional input if eg: mileage per year is not between say 6K and 15K. Would be dead easy

 
Posted : 11/03/2022 2:30 pm
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Because he has history on here of slightly dodgy dealings – at least twice to my certain knowledge so people remember leopards rarely change their spots…

Seriously? Because of the Lings cars thing people have this perception that I have had 'dodgy dealings'. What you forget about the debacle was the person who was arranging the lease, was also trying to force a contract that was unenforceable.

I've been in sales for 26 years and NOT ONE thing I've ever sold has ever been brought into question, not one.

Not one of the dozen or so bikes I've sold in the last ten years has ever been an issue, a fair few of them through the STW community. I must have sold £12k of bikes in that time, once the bike has been sold I've not had the slightest noise of disappointment or complaint.

Just like the car I've just traded in, anything I've shifted on has been looked after. sold at the right price and in a very transparent manner.

I’d be annoyed at the false accusation as much as anything, but I’m a little surprised and disappointed even, do we not let anyone off a genuine mistake any longer. Just because it’s a garage or a company, the attitude of ‘tough shit, your problem’ doesn’t sit that well with me.

So I should have just rolled over then and offered them the £3k they claim they're down?? I wish I was rich enough to be that spirited.

 
Posted : 11/03/2022 2:32 pm
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do we not let anyone off a genuine mistake any longer. Just because it’s a garage or a company, the attitude of ‘tough shit, your problem’ doesn’t sit that well with me.

Sure. "You're forgiven."

Good luck if the mistake had been in the opposite direction and you only noticed after you'd signed the contract.

 
Posted : 11/03/2022 2:33 pm
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I’d be annoyed at the false accusation as much as anything, but I’m a little surprised and disappointed even, do we not let anyone off a genuine mistake any longer. Just because it’s a garage or a company, the attitude of ‘tough shit, your problem’ doesn’t sit that well with me.

Except, to be fair to the OP, the dealer has tried to make it his (the OP’s) problem.. He’s gone in with good faith, and accepted the deal offered. If he’d realised the mistake they had made & not said anything, then I would have agreed with you. But as it stands the deal was done & dusted & quite frankly, once he’s taken the car away then they just have to accept that it was their mistake & they just have to take the hit.
Also, while I remember the Ling thread, I think trying to have a go at the op when he clearly hasn’t done anything wrong is a bit playing the man and not the ball.

 
Posted : 11/03/2022 2:39 pm
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I fully agree with the OP on this, it was a legal contract with a professional retailer. The OP made his decision to purchase based on the offer in front of him. If it had been brought up before signing the OP had the option not to move forward, once signed both parties were committed to the deal.

I nearly got screwed when we bought my wife's car, despite repeatedly saying I didn't want the after market paint protection rubbish they were flogging it still ended up o the contract. Luckily I spotted it when I read the contract through before signing otherwise I'd have been committed another £800 I'm pretty certain I wouldn't have seen again. Conversely on the car I ordered on Monday the salesman put the cost of the optional paint upgrade in at £650 when it should have been £800, his mistake which he spotted before signing. To his credit he left it as it was as we'd agreed on the bottom line price.

 
Posted : 11/03/2022 2:42 pm
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So I should have just rolled over then and offered them the £3k they claim they’re down?? I wish I was rich enough to be that spirited.

Hang on, you said

It was about where I expected it to be, especially given they were looking to do a deal on a car they had to shift on and had lots of margin to play with due to the extensive list of options that inflated the RRP.

and now that's £3k different between what they offered you and what they say they should have offered you?

I wish I was rich enough that a £3K difference is in the 'sounds about right' noise.

True honesty would have said 'that's a good deal but I think you've entered the numbers wrong somewhere'.

He’s gone in with good faith, and accepted the deal offered. If he’d realised the mistake they had made & not said anything, then I would have agreed with you.

I asked earlier about 'gift horse' - and it was denied. £3K would have had my spidey senses tingling, tbh, then again the new car is what, £35K+ so maybe £3K is in the noise?

Good luck if the mistake had been in the opposite direction and you only noticed after you’d signed the contract.

Fortunately you have cooling off periods for that, but I agree. However as I said if the error in the offer had been the other way, you'd sure as hell point it out.

A mistake's a mistake, and IMHO should be rectified, not taken advantage of.

 
Posted : 11/03/2022 2:52 pm
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Actually - funny enough MANY years ago something similar happened to me..

I had a Honda Civic Type R (braaaaap) I was trading in for a Skoda Octavia (erm...brrrr..) plus some cash (my way).
The Civic had a small dent in the wing.
When we test drove the Octavia the garage looked round the Civic, and offered a price for it.

When we went back a few days later to collect the Octavia+money, and give them teh Civic, they got a bit annoyed about the 'new dent' on the car... I told them it was there for weeks, and was there when they looked round it and made an offer..

I wasn't going to let them try to wangle down an agreed price.. whether they really didn't see the dent, or had, but were trying it on, it wasn't like I was hiding anything or lying..

DrP

 
Posted : 11/03/2022 3:00 pm
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I asked earlier about ‘gift horse’ – and it was denied. £3K would have had my spidey senses tingling

How is the OP supposed to know that figure prior to getting a PX value?

 
Posted : 11/03/2022 3:02 pm
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Good luck if the mistake had been in the opposite direction and you only noticed after you’d signed the contract.

For the same reason I've never had PPI, I read the small print and T's & C's, I've been burned in the past. But the information that caused this whole debacle was never put before my eyes, so you expecting me to be a mind reader too?

 
Posted : 11/03/2022 3:06 pm
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How is the OP supposed to know that figure prior to getting a PX value?

And when it was, iirc, within about £200 of a private offer he'd already had for the car he was PXing, and therefore seemed to be reasonable.

 
Posted : 11/03/2022 3:08 pm
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It's a bit suspect that the amount of the difference in PX value is approximately double the deposit lodged at the dealer. "Tell you what sir, we don't want to be unreasonable, we'll split the difference and just hang on to your 1400 quid"

 
Posted : 11/03/2022 3:16 pm
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But the information that caused this whole debacle was never put before my eyes, so you expecting me to be a mind reader too?

I think you've missed my point.

People are arguing that you should accept their mistake and allow them to revise it, after you've signed a contract. What I'm saying is if the mistake had been in their favour rather than in yours, say they'd recorded the odometer as 185k, I'm dubious that you'd get anything from them other than "sorry but you signed the contract so too bad."

 
Posted : 11/03/2022 3:20 pm
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and now that’s £3k different between what they offered you and what they say they should have offered you?

They say the car with 85k is worth £3k less than they paid, which is ridiculous, even WBAC only has £1200 difference.

True honesty would have said ‘that’s a good deal but I think you’ve entered the numbers wrong somewhere’.

They offered me exactly what I thought they would, it was about £800 more than WBAC quoted. And as they confirmed this morning, they upped the offer using some margin from the new car.

I asked earlier about ‘gift horse’ – and it was denied. £3K would have had my spidey senses tingling, tbh, then again the new car is what, £35K+ so maybe £3K is in the noise?

The car was £47k. the'£3k' was only ever mentioned last night when they rang me up to discuss the issue AFTER picking up the new car. So there was no opportunity for my 'spidey senses' tingle, they paid exactly what I thought they would for an immaculate, well maintained sought after Mercedes.

 
Posted : 11/03/2022 3:20 pm
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