Loss of Bargain???

[Suzy000]

Re: Loss of Bargain???

The email is the only bit we have in writing confirming the deal. To be honest they were pretty hard work in getting a brochure from in the first place as that took several requests and they never actually provided the test drive either even though we'd requested to arrange that before we'd gone to the dealership. My partner had asked for several other bits of info but we've never had anything. As they were holding the van for a short period we haven't got a formal contract as such only the email outlining the deal. The dealership is trying to say that the salesman's paperwork reflects £14,500+ VAT etc so why the email? It all sounds like they are trying to get out of what was originally agreed. Although I thought a verbal agreement was binding I take it now that the salesman has conveniently left etc we would be better off just getting our money back. The email details are all as it appears on our email. It's just frustrating what was agreed and what is now being said are conflicting but what info we have highlights that we weren't making the deal up.

Thanks for your input though.

[wales01man]

Re: Loss of Bargain???

Have to wonder if the salesman was trying to stitch the company up?Using you as a pawn in his game bestmaybe to grab back 200 quid and walk away

[charitynjw]

Re: Loss of Bargain???

How did you agree to proceed with the deal, in writing, or verbally?
How did you pay the £200 (Cheque, cash, etc.)
What is written on the receipt?

[Suzy000]

Re: Loss of Bargain???

Hi the money was paid over the phone by card. It was in discussions with the salesman that we would proceed once we were able to. Wish we had something more concrete now that he's left the company. I'm going to request our money back and look elsewhere, seems the best way to go.

[wales01man]

Re: Loss of Bargain???

I would get the money back then write a stinking letter to Iveco and the managing director of the garage

[bluebottle]

Re: Loss of Bargain???

Just as a matter of interest, what line of business are you in? There may be alternatives to the Iveco Daily that are just as good, but slightly cheaper.

The Renault Master is quite a versatile vehicle. It is used as the basis for minibuses, emergency ambulances, coachbuilt minibuses and mini coaches, motorhomes and is available in both front and rear wheel drive versions. The Opel/Vauxhall Movano is the same vehicle with an Opel/Vauxhall badge and grill. The Nissan NV400 is only available as a van in the UK, but is, basically, a Renault Master with a Nissan badge, grille and engine. They are all built at the Renault factory near Paris.

The new Ford Transit is a smart-looking vehicle, but you will need to check it out at your local Ford dealer.

The Fiat Ducato is a box-like front wheel drive vehicle which is one of the most versatile vehicles ever produced. The bus that is my avatar is a Fiat Ducato and 90% of all motorhomes are based on the Ducato.

However, it will depend on what line of business you are in and what is best for your needs.

P.S. You can get the Renault Master, Opel/Vauxhall Movano and Fiat Ducato as a low-floor luton van through their respective main dealers. If you go for the Master or Movano, you can buy the whole vehicle direct from the vehicle builder, Trucksmith of Cullompton, North Devon.

[charitynjw]

Re: Loss of Bargain???

Hi

Firstly, There are 2 separate issues, the van purchase & the finance agreement.

Re the van purchase. (My thoughts)
This is without having access to the Terms & Conditions - that may change the situation as regards the express (written) T&C.
As for the implied terms (ie the usual laws which govern contracts):-
The salesman was an authorised employee, & so could make deals on behalf of the dealership.
There is clearly an intention to create a contractual relationship.
There was an offer (van), an acceptance of that offer by you, & a 'consideration for value' (the original price). This doesn't mean you had to have paid the deposit, merely that you had agreed to it as one of the terms of the deal
Ergo, a contractual relationship was formed.
The £200 accepted by the firm is further proof of this.

As you had agreed to the deal before they pulled out - tough on them! - you got there first!
To refuse the deal at this stage is breach of contract.
You could, if you so wish as the injured party, insist on 'specific performance' of the contract; that is, you get the van for the original price
.
Obviously, you would need to get specialist legal *assistance on this, especially as it is above the monetary threshhold for 'small claims' court. (unless both yourself & the dealer agree to it, & the court gives permission)

As regards the finance deal, I bet it is loaded with PPI & GAP insurance - do you want these? Were you offered any alternatives?

*Many solicitors will give a free half-hour appointment - it would be worth ringing around.

Btw - Re loss of chance - you would need to prove that the breach caused you actual loss.

[CleverClogs]

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.

I was not aware that motor vans were in such short supply that dealers could afford to pick and choose their customers.

Tell the numpties that they either honour the deal that had been made and for which the deposit had been paid, or that they will be in breach of contract.

[CleverClogs]

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

As T. Petronius Niger wrote:

There's no justice at law, it's the bidding that counts
And the job of the judge is to fix the amounts.

[CleverClogs]

Re: Loss of Bargain???

The email is the only bit we have in writing confirming the deal. To be honest they were pretty hard work in getting a brochure from in the first place as that took several requests and they never actually provided the test drive either even though we'd requested to arrange that before we'd gone to the dealership.

It seems that they have found better things to do with their time than to sell vehicles.

If so, that's another good reason for demanding the return of your deposit as that dealer might not be in business a few years hence.