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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 71048
Experience:  Over 5 years in practice
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I bought a car 4 months ago for £18,000. There was a deposit

Customer Question

I bought a car 4 months ago for £18,000. There was a deposit involved, as well as repayment of finance on my previous vehicle so the invoice was complicated. The dealership undercharged me by £1000. This has only just been bought to my attention by the dealership who are now, four months later, seeking payment.
Can you advise as to my rights?
Submitted: 9 months ago.
Category: Law
Expert:  Jo C. replied 9 months ago.

What price did you agree at the outset?

Customer: replied 9 months ago.
Expert:  Jo C. replied 9 months ago.

OK and you agreed to pay that price?

Customer: replied 9 months ago.
we agreed that price. I paid a deposit of 1k over the phone to secure the car, and subsequently BACs transferred the balance to the dealership 24 hours before collection of the vehicle.
On the day of collection they decreased the valuation of my trade in car, and this with the finance repayment left a balance of £1,971 to pay. It appears the sales executive entered £971 into the card payment device machine, and they are now claiming the outstanding 1k.
As I said earlier their invoice is completely indecipherable, and I cannot fathom out how they come to these figures. The I left with my new car on the 3rd February I believed I had paid in full
Customer: replied 9 months ago.
sorry: 'The day I left with my new car,,,,
Expert:  Jo C. replied 9 months ago.

In that case, they are entitled to recover I'm afraid.

This was an error of theirs but nevertheless an error.

It would be different if you had agreed the lower price as then it would be due under the contract but that isn't what happened here.

I'm very sorry but that is the position unfortunately.

Can I clarify anything for you?


Customer: replied 9 months ago.
Thank you
Clearly the error is with their mathematics / accounting. However this is not clear from the invoice which indicates that I have paid for the vehicle. Furthermore, there is the issue of time; we are now over 4 months down the line.
Yes, please can you clarify?
Customer: replied 9 months ago.
In addition, I have a letter from BMW Finance stating that I no longer owe any monies
Expert:  Jo C. replied 9 months ago.

I can only say that that makes no difference.

This is an error. They are entitled to recover.

It is not a contractual term in which case they would not be.

Customer: replied 9 months ago.
OK, thanks Jo
Expert:  Jo C. replied 9 months ago.

No problem and all the best.

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