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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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I bought a car from Stoneacre Wallasey in August last

Resolved Question:

hello. I bought a car from Stoneacre Wallasey in August last year. At the time, i was awaiting response to my motobility claim. The car screen price was £10000. The salesman told me that he could arrange finance and that I could simply transfer payments to motobility when it arrived. I was very unwell on the day of purchase due to stress( grandaughter in operating theatre) and extrememly high blood sugar; the deal was dreadful but I signed and was too embarassed and ashamed to tell anyone afterwards or to even look at the documents. Also I accepted the salesmans assurances about transferring payments to motobility.
In february I tried to do this and, of course, it was not possible. Stoneacre valued my car at £5000. Their motobility specialist, Mike Pownell, told me that it was the worst deal that he had ever seen. the original salesman had added more than £2000 worth of extras which would be invalid oin resale; had organised a personal loan rathert than a finance plan, and pointed out that the total cost to myself for this car would be £17000 if I were to continue to purchase it.
Mike was sympathetic and frankly shocked. I contacted Stoneacre head office and explained the situation and received a call from Mike Pownell the same day in which he reassured me that Stoneacre would settle the outstanding finance, strip back the original deal, and make appropriate recompensation. The original salesman had left the company.
Since then I have been told on 3 occasions that Stoneacre would unravel the original deal and offer a financial reimbursement. The main manager is now retracxting these assurances and has offered to take the car back, pay the finance but no financial reimbursement. he has failed to repond tome for several weeks until last night when he made a second call in which he said that he had spoken to head office and would get back to me with an offer by midday today. Of course, I haven't heard from him. Head office for Stoneacre do noit reply to my emails. Can you please advise me what action I may take.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
So, in short, they said that you could transfer to mobility and you cannot?
Customer: replied 2 years ago.

Yes. Also forget details. I paid 3,500 cash and my car valued at 2,,500 to dealer on day of purchase. Since then I have paid Barclays a further £2000. The outstanding amount is still £7,200 if paid by 8th. june. Dealers are saying they will pay this but I am minus a car and £8000 out of pocket. Also believe they have inflated original screen price by £5000, have made verbal assurances and are now retracting these, leaving me in a dire situation.

Expert:  Jo C. replied 2 years ago.
Sorry if I'm missing the point but why are they offering this? Have they specified?
The fact that this may have been a bad deal for you is not actionable per se.
Customer: replied 2 years ago.

They have told me that they are offering this repayment as the original deal was over priced and they initially agreed that their salesman had been unscrupulous in making this deal and because he had given me false advice. In fact, he lied to me, even telling me that his mother was on motobility and he knew what he was talking about. i have two witnesses to my conversations in the showroom when they have admitted miselling. I believe that he may have been sacked because of this deal. They advertise themselves as fair traders for motobility customers but, when I told them that i believed thay had taken advantage of my vulnerability and missold the car, they appeared to agree. the fact that they have agreed to pay the outstanding amount seems to me to be an admission of fault on their part.

Expert:  Jo C. replied 2 years ago.
Ok
What were the specific lies?
Customer: replied 2 years ago.

1. I could transer payments to motobility.

2. They would 'sort everything out' by stripping back the original deal and paying off anyoutstanding amounts plus make financial compensation.

Forgot to tell you that their original offer was made following my cvomplaint to head office in which I stated my intention to go to Trading standards.

I followed their advice to obtain my motobility car (from a different dealer - my own choice) and to notify them when it arrived. Thery repeatedly told me not to woirry and that they would sort it i,e strip back the original deal.

Expert:  Jo C. replied 2 years ago.
The fact that it is a bad deal for you is not actionable. People agree to contracts all the time that are bad deals and that is down to them I'm afraid.
However, there is a misrepresentation argument here. It would appear that representations were made to you that have transpired to be untrue or misleading and that is misrepresentation.
You can sue for a full refund under the law of misrepresentation although it might be that the court would just order the dimunition value between the price you paid and the amount it would have been worth if the truth had been known.
If they will not comply though then your only option is to sue. There is no other way of forcing them to pay.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

No. thank you for your answer

Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. 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/