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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70400
Experience:  Over 5 years in practice
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I just bout a second hand car from a dealer in Coventry. The

Customer Question

I just bout a second hand car from a dealer in Coventry. The car dealer was 164 miles away and was rude and treat us badly and I even had to fetch a gallon of diesel to be able to safely reach another garage. When paying for the car he gave me the contract to sign and told me the outstanding balance was £2795. The actual price I agreed to pay the previous week was the full asking price of £3795. The contract is signed by both seller and buyer and above were I sign is this statement. " I declare that I am the buyer of the car above at the price stated below (£2795) and I have read and understood this contract and value the vehicle at the price I have paid and I also understand that the deposit I have paid is non refundable should I break this contract". I paid £200 deposit , £50 extra for them to tax it and £20 for using my direct debit card to pay. Can the dealer ask for an extra £1000. I would normally have owned up at the time but they don't deserve it. Thanks Ian H Dickenson, Norwich
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Yes, he can in short although I do completely see your view of this.

Come what may, you agreed X price and have only been charged Y. Whatever you signed, there is no doubt that the deal was for £1k more than that and they acted under a mistake although it wasn't of your creation.

Whether they will notice and reclaim or not is another matter. I suppose there is no obligation upon you to bring it to your attention save for a moral one.

However, if they sued and could prove what was agreed then they would win I'm afraid.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 3 years ago.

Thanks for the reply.


Because I agreed a price for the car as advertised with Isofix baby car seat adapters and it did not have them. Is this not mis advertised so the original agreed price invalid.


Also the fact they sold me a car with a live shotgun cartridge under the back seat. (they would have found it if they had cleaned the car and checked for the Isofix). have any bearing on the outcome. It could have gone off if it had slid and hit the seatbelt mounting.


 


Regards


Ian

Expert:  Jo C. replied 3 years ago.
Not in the way that you mean.

All the absence of seat adapters would mean is that you could have refused the car or asked for a reduction which you did not do. If you agreed X price then that is the price due.

In relation to the cartridge, yes it could but it did not thankfully and anyway that would not have altered the contract itself.
Customer: replied 3 years ago.

Thank you for the reply. In this case I will just keep quiet and hope the don't notice. If they do I will tell them about the shotgun cartridge and how they don't deserve the money. Would it be better for me to pay as soon as they ask or wait to see if they try to get it. And last of all is there any time limit for them to ask.


 


Regards


Ian

Expert:  Jo C. replied 3 years ago.

Yes, obviously they are not going to want the shotgun cartridge business made public. Apart from anything else they don't know it didn't go off.

You can always offer a lesser sum which they might accept. They won't want to sue.

They have 6 years from the date of the wrongful act.

Personally, unless they agreed a huge reduction, I would wait for them to sue. The risk is that you will have to pay court costs but they will not be substantial.
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Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/