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Loss of Bargain???

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  • Loss of Bargain???

    We'd agreed a deal with a van dealership to purchase the van as below, the van had been on offer for £2000 less than normal price at the time of viewing the van the salesman saying it was a special offer. The deal is listed below as copied from an email they'd sent. The only change being that after this email the salesman had contacted us afterwards to offer a better price for my partner's van so part exchanging it for £3000 as opposed to £2000 but unfortunately that wasn't backed up by a subsequent email - that was agreed verbally. As we hadn't anticipated that the salesman would no longer be with the company three weeks later when we were ready to proceed with the sale we hadn't got anything in writing so appreciate there probably won't be much we can do about that. That £3000 was supposed to be the deposit leaving £13,000 left to pay over 5 years and it had incorporated the VAT element.

    Vehicle –New Iveco Ford 35C11 Low Roof 3000L H2 Daily Light 10 cube

    Cost £12995 + vat +plus on road costs and ply lining=£16000
    Deposit Part exchange £2000
    Cash deposit £1000
    Total deposit £3000

    Advance £13000
    Period 60 months
    Payment 60 x £276.25
    Credit Facility Fee £199
    Terms subject to underwriters approval.
    I trust these figures shall provide food for thought and I look forward to speaking again when you have made your final decision here.

    We had paid £200 to hold the van until we were ready to proceed with the purchase which was only a matter of about three weeks until our mortgage had completed, the salesman had been agreeable and had suggested the deposit of £200 so that he could hold the van for us. We'd then later emailed a signed form across to them to start the HP set up once all that had been completed.

    When it came to proceeding with the purchase we were told that that particular salesman had left and that that deal as above was wrong. Firstly, we were told two different reasons as to why that salesman had left; ill health and being sacked for misconduct. We've been to-ing and fro-ing because they will not honour the deal agreed saying the van price is £14,500+ VAT not £12,995+ VAT and they were apparently unaware of the arrangement about the ply-lining. Also they would only offer £1000 for part exchanging our van. So instead of in effect paying a total of £16,000 encompassing the HP interest (due to the £2,000 reduction on the van accommodating the HP interest) over 5 years it would amount to £17,400 + Interest making it not far off £20,000.

    They also tried to say it was the wrong van etc and that there had never been a reduction on the vans even though we'd visited the dealership. You don't expect a salesman to lie about the price of purchase as that would have come to light when getting the final price. Also, when I said it's been set aside for us at the dealership they acknowledged that the Daily Lite had been set aside for us so I fail to see how it can be the wrong van. They then said that the VAT would have to be paid upfront with the deposit making it £2900 + the van price of £2000 + £1000 as per email = £5900. The gentleman I spoke to was working off the £2000 offered fee for part exchange plus £1000 cash. I explained that the deal offered incorporated the VAT but he said that the offer as per the email (as above) was wrong. He said he could offset the part exchange value of the van against the VAT but £3000 was still needed as a deposit.

    I went to the Citizens Advice Bureau for assistance and they mentioned about possibly being able to pursue the avenue of "Loss of Bargain" but wondered if anyone could advise me if this is worth doing?

    It's been one massive headache and not sure if it's worth pursuing or not and how best to approach this. If anyone has any helpful tips it would be greatly appreciated.
    Last edited by Suzy000; 18th July 2013, 09:35:AM.
    Tags: None

  • #2
    Re: Loss of Bargain???

    Hi Suzy000,

    Is the van still 'available'?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: Loss of Bargain???

      What a shower! You might wish to speak to Iveco's UK Customer Service Department. I'm sure they'll be delighted not at the antics of their dealer in your case.
      Speaking aside, the Iveco Daily is a good vehicle and used as a base for a wide range of emergency service, passenger-carrying and goods vehicles. If you have to walk away from this, take a look at the new Ford Transit or Renault Master as an alternative
      Life is a journey on which we all travel, sometimes together, but never alone.

      Comment


      • #4
        Re: Loss of Bargain???

        Yes they've still got it sat on their lot. I had asked them if they'd sold it or something along those lines as to why they were trying to change the deal. They said it was still sat there waiting for us but the deal was wrong.

        Comment


        • #5
          Re: Loss of Bargain???

          Thanks, I think my partner liked the spec of the Iveco which makes it all the more frustrating but will definitely have a look at the Ford and Renault.

          Comment


          • #6
            Re: Loss of Bargain???

            Surely they the dealer has to prove the deal was wrong?

            Comment


            • #7
              Re: Loss of Bargain???

              What has happened to the £200?
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: Loss of Bargain???

                They've still got it. I thought I'd find out if there was anything I could do before claiming that back.

                Comment


                • #9
                  Re: Loss of Bargain???

                  I've been going round in circles with them. Even though I forwarded the email to them confirming the specification of the deal they still won't uphold it. They then got the General Manager to contact me and they came up with an offer nowhere near to what the deal agreed had been still saying the van was £14,500 + VAT and offering £1000 part exchange for our van rather than the previously agreed sums.

                  Comment


                  • #10
                    Re: Loss of Bargain???

                    What was written in the small print on the document,remember it also states subject to underwriters this could be their get out clause?

                    Comment


                    • #11
                      Re: Loss of Bargain???

                      Btw, the contract for the purchase of the van and the finance agreement are two separate animals.

                      See
                      http://www.scotcourts.gov.uk/opinions/2010CSIH49.html

                      http://www.wright-crawford.co.uk/news/28
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: Loss of Bargain???

                        then if that's so no finance they will have to pay cash or get their own finance,the OP needs to post up the full document with all the terms and conditions copying out parts does not tell the whole story

                        Comment


                        • #13
                          Re: Loss of Bargain???

                          Originally posted by Suzy000 View Post
                          They've still got it. I thought I'd find out if there was anything I could do before claiming that back.
                          Do you have a dated receipt?
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Re: Loss of Bargain???

                            To force them to honour the contract will be very difficult as you will need cast-iron paperwork. Even then, they will probably claim that it is void due to mistake.

                            Frankly, get the money back and go somewhere else. After all, would you trust them again?

                            Comment


                            • #15
                              Re: Loss of Bargain???

                              Originally posted by enquirer View Post
                              To force them to honour the contract will be very difficult as you will need cast-iron paperwork. Even then, they will probably claim that it is void due to mistake.

                              Frankly, get the money back and go somewhere else. After all, would you trust them again?
                              Not so sure about that, enquirer, but I would like an answer from Suzy000 re post #13 before giving an opinion.
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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