Car company scam!!

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Car company scam!!

Postby Sara_platermen112 » Mon Jan 15, 2007 12:53 pm

I have no idea where to post this!!

but anyway,

My boyfriend was interested in a car and put down £100 deposit and a further £400. Now the finance company has got back to him and confirmed to him the monthly payments which are £220 to which unfortunately he is unable to afford -the car company did originally say that it should be way under £200 which that was in his budget range. So he now cannot go ahead with the sale!

He got back to the car company to which they say he is unable to receive his money back what he put down for deposits.... i find this completely unfair due to them agreeing on verbal communication that he would receive the money back should the sale fall while at the same time he did not sign anything!! So nothing has been signed to say if the sale falls he does not get his money back so the company has nothing to fall back on!!!

Is this right?? Does anybody no if they are aloud to do this?? As i cant see where this money is going...... i suggest in their back pockets!

I will be sending them a complaint email about this so all advice would be much appreciated!! xxx
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Postby brfc » Mon Jan 15, 2007 5:03 pm

bit of a puzzle this as nothing is in writing just there word against yours. mayb citizens advice might know more about this. i cant see why you cant get your money back if theres no written agreement. a way of doing that would be taking them too a small claims court. id personally advice writing too head office explaining what happened and if you dont get your money back you will to take them too court. it costs about 30 quid too go too small claims court. my dads done it loads too firms that have ripped him off. never known him lose.
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Postby Sara_platermen112 » Mon Jan 15, 2007 7:33 pm

Thanks for your advise hun!! i will write it to them in letter and see what happens from there. xx
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Postby brfc » Mon Jan 15, 2007 9:26 pm

great hope it all works out take care brfc :)
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Postby crazy_in_love » Wed Jan 17, 2007 1:26 am

yes companies get scared of courts!! cuz noone ever dares take them to court, so when someone does they ususally know its cuz they are in the wrong. mention court and theyll soon be offering you something, but dnt accept anything less than your full deposit back. good luck
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Postby Domus Clamantium » Sat Jan 27, 2007 4:59 pm

By law ANY company selling goods or services MUST give a cooling off period to which the customer can return goods, or cancel a service, and receive a full refund, provided the goods or service have not been used - as your boyfriend never used the car, he is legally entitled to a refund of anything paid
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Postby crazy_in_love » Sat Jan 27, 2007 5:05 pm

Im not sure about the cooling off period thing, i do know that if anyone buys something on their doorstep they are entitled to a cooling off period. Some places do state that if ou change your mind then you dont get your deposit (abit like when you book a holiday). However I do law and am currently doing contract law and I do know that a verbal contract is just as legally binding as a written one. The fact that they didnt give your bf a set price that he would be paying per month for the car means that he might not be able to make a claim on them grounds. they said it 'should' be under £200 but they didnt give a specific price and they didnt guarantee anything. What your bf should have done was get them to find out prices before he put a deposit down. I personally think you need to seek legal advice, although I am not sure you have a case. A lot of companys can get away with not giving people their deposits back.
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Postby Sara_platermen112 » Mon Jan 29, 2007 10:38 am

Really,?? oh blimey!!! so we cud not get the money back, i think thats well unfair. How can you get a verbal contract? shorly evrything needs to be signed for back up ect. well I sent them this letter i would apprciate it if you could read it as it explains in more details as to what really happend and let me know if we have rights or anythinggg??!!, Thank you for all your help!!!

I saw the _____ posted on your website and was very interested, to make me have more chance of seeing this car I left a deposit of £100.00 on Friday 5 January. This was taken by ___ over the phone using a debit card. I came down to look at the ____ the following day (Saturday). I was dealing with ____ at the time and he advised me to also leave my documents such as logbook and MOT as an additional deposit - this was to hold on to the car while your company sorted out the finance.

On Friday 12 January ____ got back to me confirming the finance, explaining they could only give me £5725. So as a result I needed an extra £375.75 towards the total amount to enable me to get the finance. So on Friday 12 January I gave the difference of £375.75 to ___, again over the phone from credit card. However I still hadn’t found out what the monthly payments were going to be. Please bear in mind that nothing at this stage had been signed.

I was then waiting for a call from the finance company to discuss how much the monthly payments would be and as to whether I could afford them, especially with me having a tight budget of £200 a month. I did state this clearly with ___ at the beginning of the sale to which he informed me in confident that this would definitely not exceed the limit of £200 so therefore we all assumed that we could go ahead with the sale. However the finance company got back to me on Sunday 14 January and unfortunately it had exceeded the limit and was £220.00 a month, which at the time through no thinking I said yes. I did not confirm this with (the person who i was dealing with) at the time due to me reconsidering. Later on I decided that it would just not be viable for me to go ahead with the sale so rang ___ and informed him of this. He appeared to understand however he did state that he would have to speak with you first with regards to this.

___ then rang me back confirming that you were disagreeing with the whole situation and as far as you were concerned the car is mine, while also stating that I am not entitled to any money back so therefore you were keeping the £100.00 deposit also the finance difference of £375.75. I fully understand while also agreeing with you to keeping the £100.00 deposit due to the loss of sale and I apologise for this. On the other hand I am a little confused as to why you think that you are entitled to keep the finance difference of £375.75? This money was purposely to pay for the difference between the finance and the total cost so therefore I believe as I have not signed any contract or terms and conditions stating this as well as no financial deal has been settled between us then I am entitled to my money back. I would appreciate this to be put back into my bank account while also confirming this preferable in writing to the above address within the next 14 days.

Please find enclosed a statement confirming payment. I look forward to hearing from you to resolve this problem.
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Postby crazy_in_love » Tue Jan 30, 2007 10:50 pm

Ok this might sound like a bit of a law lesson, but basically a contract is made when you have offer, acceptance and consideration (money).

basically person A makes and offer e.g. to sell person B their car for £100. Person B accepts to pay £100 for A's car. This is a contract, its been made, the consideration is the £100. You ringing up this company and showing interest in this car was you offering to buy the car, the car company accepted this offer when you paid them money over the phone. This is where the contract was made, even though you hadnt signed anything. You basically made yourself obliged to pay for the car. where the problem comes into it is there wasnt a set amount for the car.

Now im not sure if the company can do this to you, they should be obliged to tell you the price of the car before you pay for it im sure. so technically the £100 is theres kinda like a cancellation fee, which you accept. What i dont know is why they are keeping the 375 which hopefully if they reply theyll tell you. I am only doing my 1st year in law degree so I could be getting this wrong, although from what notes I have I think I am on the right track. ring the Citezens Adive Beureau and ask for their advice.

Hopefully youll get the money back which you deserve.
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Postby Sara_platermen112 » Wed Jan 31, 2007 10:17 am

Thank you for that crazy_in_love!! ay doesnt matter if ur only first year u no more than me, and what u are saying makes sence!

I really appriciate your advice hun and i will let you no the acome!!

Many thanks againxxxxxxxxxxxxxxxxxxxxx
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