Really worried - pulled out of car purchase & dealer threatening legal action

[dolly1939]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

I did speak to Consumerline who informed me that when I signed the Vehicle Order Form I entered into a legal binding contract which I then breached when I failed to go ahead with the purchase. I asked for their guidance in dealing with the matter. They said that they couldn't offer any further guidance.

[bluebottle]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

I did speak to Consumerline who informed me that when I signed the Vehicle Order Form I entered into a legal binding contract which I then breached when I failed to go ahead with the purchase. I asked for their guidance in dealing with the matter. They said that they couldn't offer any further guidance.

If you're in Northern Ireland. trading standards law there may have differences with similar law in England and Wales. In some areas, the way in which Consumer Protection Departments behave leads to them being called Business or Trader Protection Departments. See if you can get a free half-hour consultation with a legal professional.

[dolly1939]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

xxxx

[bluebottle]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

The Trading Standards Service in Northern Ireland are also Consumerline who I consulted. I did have a brief telephone conversation with my solicitor on Friday afternoon who advised me to send dealer a letter outlying my version of events. The draft letter I've constructed is contained in one of my previous posts. I'm planning to email Solicitor draft of letter which I plan to send. I thought Consumerline/Trading Standards Service would have been more helpful.

Like I said in my last post, some TS are more Business and Trader Protection than Consumer Protection. The legal professional is probably your best course in this matter.

[CleverClogs]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

If the jalopy is still available, send a friend to look at it and then get it inspected by a chap from the RAC.

With any luck, it will be so unroadworthy that you'll be able to challenge their case and claim back the £100,

[dolly1939]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

Doubt if there would be any faults with vehicle to claim it's unroadworthy. It's 12 months old with 14k miles on the clock. I'm not interested in trying to get £100 deposit back. I just want car dealer to leave the matter. I think they are so sore about losing a sale. The dealer I ended up buying from said that they end up with a lot of the previous dealer's customers and thought that they were just trying to scare me.

[wales01man]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

CC You advise spending 150 quid on the RAC if the car is ok 150 quid down the pan?

[CleverClogs]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

CC You advise spending 150 quid on the RAC if the car is ok 150 quid down the pan?

I had no idea that it would cost £150 - the last time I had this sort of problem was in 1984.

[labman]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

I had no idea that it would cost £150 - the last time I had this sort of problem was in 1984.

:clap2::clap2::clap2::clap2::clap2::bounce::bounce ::bounce::bounce:

Not funny! pmsl

[CleverClogs]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

It's 12 months old with 14k miles on the clock.

What's the genuine mileage?

[Inca]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

My car is 18 months old with only 14,764 on the clock

[bluebottle]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

Doubt if there would be any faults with vehicle to claim it's unroadworthy. It's 12 months old with 14k miles on the clock. I'm not interested in trying to get £100 deposit back. I just want car dealer to leave the matter. I think they are so sore about losing a sale. The dealer I ended up buying from said that they end up with a lot of the previous dealer's customers and thought that they were just trying to scare me.

It sounds to me that the dealer you are having problems with is a rogue trader. See if BBC TV's Watchdog programme would be interested.

[labman]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

They referred to a clause in the contract stating `If the Purchaser shall fail to take and pay for the goods within 14 days of notification and the goods have been completed for delivery, the seller shall be at liberty to treat the contract as repudiated by the Purchaser and thereupon the deposit shall be forfeited without prejudice at the Sellers right to recover from the Purchaser by way of damages or loss or expense which the Seller may suffer or incur by reason of the purchasers default'. Letter goes on to state that if the vehicle is not collected within 14 days of this letter, it is XXXXXXXXXXX intention to issue proceedings to recover damages for loss of profit, in addition to any holding and disposal charges XXXXXXXXXXXX may incur due to your default. In addition you will be help responsible for any legal fees incurred by XXXXXXXXXXX in bringing this matter to conclusion.

So, you've forfeited the deposit.

Let's assume the dealer takes you to court. He will have to prove:

Damages for loss of profit (what profit has been lost if the car has been resold - the dealer would have to disclose the profit being made from you and the profit for which it has now been sold)

Holding and disposal charges (If your vehicle had been sold, he would have replaced it with another on the forecourt presumably, so would still have incurred the same holding charges; as for disposal charges - if he's sold it again, then there were none)

It is possible you might get a small amount awarded against you - it's impossible to say, but equally you have arguments re harassment which you could take to court.

It would be MUCH simpler, if the vehicle has genuinely been resold now, to sit down and try to reach an 'amicable settlement' without the need for anyone to go to court.

[pt2537]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

So, you've forfeited the deposit.

Let's assume the dealer takes you to court. He will have to prove:

Damages for loss of profit (what profit has been lost if the car has been resold - the dealer would have to disclose the profit being made from you and the profit for which it has now been sold)

Holding and disposal charges (If your vehicle had been sold, he would have replaced it with another on the forecourt presumably, so would still have incurred the same holding charges; as for disposal charges - if he's sold it again, then there were none)

It is possible you might get a small amount awarded against you - it's impossible to say, but equally you have arguments re harassment which you could take to court.

It would be MUCH simpler, if the vehicle has genuinely been resold now, to sit down and try to reach an 'amicable settlement' without the need for anyone to go to court.

But what if, the vehicle hasnt been resold, and its still there waiting collection.

What if the trader sought an order of specific performance??

No one has mentioned SP

[charitynjw]

Re: Really worried - pulled out of car purchase & dealer threatening legal action

But what if, the vehicle hasnt been resold, and its still there waiting collection.

What if the trader sought an order of specific performance??

No one has mentioned SP

Hi pt2537

Could this not be a double-edged sword?; the OP demanding SP for the original price?

There seems to be an offer, acceptance of same, & consideration for value, via an authorised bod, the acceptance of which is evidenced by the 'show of good faith' £200.

& OP accepted before the dealer withdrew the offer (I'm sure I've got some case law re this in my *ahem* filing system).