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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71050
Experience:  Over 5 years in practice
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I work as a car dealer and recently made a mistake on an invoice

Customer Question

I work as a car dealer and recently made a mistake on an invoice which a customer exploited.
The customer had been to visit me on 3 occasions and knew the price of the car was £3050 and had seen this on 3 websites and clearly stated on the car also. He agreed to buy the car at the price agreed however the next morning when he came to collect the car I had mistakenly written on the invoice £2050 and signed it. He noticed this and duly payed the balance and drove off with the car. He knew this was the case as had seen the car priced correctly. We noticed the mistake immediately and as we did not have a phone number we sent him a letter saying this was the case. He is refusing to pay the balance and after two or three letters he is quoting that we are harrasing him for the balance. Is there anything that can be done to get our money back on this one?
Submitted: 4 years ago.
Category: Law
Expert:  Jo C. replied 4 years ago.

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

In order to give you an answer tailored to your circumstances, I will just need to ask you some preliminary questions so that I can consider your position from all angles.

When did you notice the mistake exactly?
Customer: replied 4 years ago.

We noticed the mistake 10 minutes after the customer drove the car off.

Expert:  Jo C. replied 4 years ago.
Thank you.

This is nothing to worry about. He knows perfectly well the price that was agreed and is bound by it. The fact that you made a mistake on an invoice doesn't give him a defence.

It would be different if you had actually agreed a different price. Then you would be bound by it.

You can issue against him here

Hope this helps.

Can I clarify anything for you?

Customer: replied 4 years ago.

What about the fact I made the mistake on the invoice? Can he use this against me? What evidence will I need?

Expert:  Jo C. replied 4 years ago.
Not unless he is going to lie through his teeth and say that was the price originally agreed.

If he is then you need to prove that it wasn't
Customer: replied 4 years ago.

My evidence only includes details of the advert print offs from records on the autotrader. Which cannot be amended by ourselves just them clearly stating the £3050. Is this not just an invitation to treat and has he got grounds on this given I have given him a signed invoice for the incorrect amount in error.?

Expert:  Jo C. replied 4 years ago.
Yes, it is an invitation to treat but you went on to agree a price which is a binding contract.

You will have to prove that to the satisfaction of the court although the civil standard is not high.