There is no hire purchase on the car and therefore title to the car passes on delivery. The car belongs to you. They cannot repossess the car. If they try to take it, or they do take it, report it to the police as stolen. They may have a retention of title clause whereby the goods remain their property until paid for in full but legally, it wouldn’t be enforceable if it was only on their purchase invoice because that is a term they have imposed after the event and they cannot rely on post contractual terms.
If he or they continue to harass you, whilst it’s not a criminal offence in Scotland as it is in England, it is still potentially a breach of the peace and the conduct should be reported to the police.
I suggest that you write back to the dealer principal and tell them what I have told you above and that you have no intention of paying the money because the price you paid is the price that was agreed by Bob Leishman, that you queried it at the time and he confirmed it was the correct price. You have merely got a discount. Tell them that if they feel differently, they should not write or call you again, but they should issue Small Claims Court proceedings which you will defend.
There is one thing that I must mention and that is that if this does go to court and they satisfy the judge that this was a genuine mistake, you could lose your case. The fact that you raised the issue does help you but ultimately, if they do decide to take you to court, it would be for the judge to decide.
It would not be good advertising for them to be honest firstly that they made the mistake and secondly that they then took a customer to court over their own mistake.
Can I clarify anything else for you?
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In all honesty, I couldn’t agree more.
Whether you accept that or not is entirely up to you. Personally, I would be inclined to decline the offer.
I could not agree more
In cases like this, they either issue Small Claims Court proceedings or write it off. You might want to write back to them you have no intention of paying them anything and tell them not to write to you again but issue legal proceedings which you will defend. They can’t simply bombard you with letters. In England & Wales it would be a breach of the Protection from Harassment Act and in Scotland it’s dealt with as a Breach of the Peace. It’s unlikely the police will want to be involved but that situation.
Call their bluff. Thank them for their letter and tell them not to delay issue legal proceedings immediately because you’re getting bored!
The worst case scenario is that you have to pay the £900 plus court fee and if they have solicitors, a nominal amount of solicitors costs.