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Original poster

I've been swindled out of £500. Please please legal mumsnetters, can you tell me if i have any legal recourse?

58 replies

Tortington · 05/10/2010 03:57

i was involved in a car crash and recieved some money for the value of my car which had to be written off.

i saw a used car i loved which was a couple of HUNDRED miles away. never the less, we never have this kind of money to spend all at once on a car, so my husband told me to go for it.

i phoned up and tried to haggle, but the sales guy told me quite clearly that it was the internet price and he wasn't prepared to go lower. Based on this verbal agreement i decided to put down a £200 holding fee for this car at this price that i could only have seen on the internet as i live so far away

i was still happy with this as it left me £500 to get the children and family xmas presents ( we are having a tough time financially at the moment)

it all went wrong when i got to the showroom, i was surrounded by three sales assistants, they were badgering me and being really full on, whilst one of them was hurrying me to fill in the paperwork becuase the post office was going to close ( it was saturday) and i needed totax the car to drive it the hundreds of miles home

another handed me the phone to the insurance company. whilst the insurance company was asking me all the questions they usually do, the other guy kept going on about the time and the post office, he put the sales forms infront of me ( i am still on the phone mid conversation) told me to sign them.

i can't begin to convey how bullied i felt. i was totally out of my depth and nearly in tears.

it wasn't until i got out of the showroom having paid for the vehicle, that i realised they had charged me £500 more for the car.

I went back the next day and i had to wait for an hour, i was given the run around by at least three sales people, it was always someone else i had to speak to. it was always some excuse or other.

i explained that i had a verbal agreement and had paid a deposit and i even said that the verbal agreement was binding in law ( don't know i this is true!)

they told me the showroom manager didn't work on sundays and i should come back the next day.

i booked monday off work and stayed overnght. luckily i knew someone who could put me up.

i went back the next day and asked to speak to the showroom owner.

he refused to speak to me.

he sent the showroom manager who said that i had signed the sales document, it was my own fault and they were not going to refund the money.

i tried the verbal agreement angle again and the manager told me that his sales guy would back the company up

so i asked if he could bring him into the room. i asked if he would say i was lying to my face.

he isn't going to admit anything, the manager said, its my word against his.

I didn't take out any credit - i know with credit that you have a cooling off period.

the whole experience was a nightmare. Do i have any legal recourse?

the car is still ont he net advertised at the lower price.

although it had been taken off the main companies site. feeder sites such as trovit still have it listed.

i have printed off a copy.

can they do this?

OP posts:
Original poster
Tortington · 05/10/2010 05:25

to further add, he asked me to leave saying that they would not refund anything without a legal letter

OP posts:
ragged · 05/10/2010 05:31

Talk to Trading standards IMMEDIATELY, they will talk you thru your options of seeking redress.

Good luck. Buying cars is AWFUL!!!

cornsilk · 05/10/2010 05:32

bastards Angry

Original poster
Tortington · 05/10/2010 06:17

i looked up trading standards and got consumer direct. so i have e-mailed them.

is there a solicitor out there who has any advice

is there anyone else is hould contact?

OP posts:
MmeLindt · 05/10/2010 06:40

Bastards. No idea about the legal side but name and shame them on here.

Did you get a screen shot of the car at the lower advertised price?

EmpressOfTheUniverseReality · 05/10/2010 07:09

This reply has been deleted

Message withdrawn at poster's request.

Besom · 05/10/2010 07:23

I don't know how these people can live with themselves.

Bumping for you.

Finbar · 05/10/2010 07:24

Have a look at the MoneysavingExpert.com site - I'm sure they have a section devoted to Consumer rights. So sorry to hear your situation.

MrsMills · 05/10/2010 07:31

Utterly greedy thieving bastards

Fuchzia · 05/10/2010 07:40

Have you still got the webpage with the Internet price? Is it in your browser history? this will add weight to your argument

ajandjjmum · 05/10/2010 07:40

I'd try and phone rather than email, so you don't have to wait for a response.
Write down everything that happens.
What utter contemptible shits - you have to say who they are once you've got a resolution.
Hope someone comes along who is legal.

Original poster
Tortington · 05/10/2010 09:29

thank you for your support, i'm gutted

i eally want to sort this out via a legit route, if that doesn't work, i shall be asking advice on how to warn other people by soe internet campaigning

OP posts:
TheReturnoftheSmartArse · 05/10/2010 09:35

Custy, I'm gutted for you. I have been in a similar position myself before and know how violated you feel. I can't help at all, but you know MN, someone with the knowledge will be along shortly to support you.

prh47bridge · 05/10/2010 09:41

A verbal agreement is binding unless it is replaced by a later agreement. The fact that you have signed paperwork giving a higher price weakens your position, especially if they are prepared to lie in court. However, you say the original advert is still on the internet. Print it NOW. That is your evidence for the agreed price. If it goes to court they will have a hard time persuading the court that you drove 200 miles to buy a car and then agreed to pay over the odds for it.

You should contact them in writing setting out your position and giving them a deadline to return your money. If they fail to do so you can take them to the small claims court. You don't need a solicitor to do this - the process is fairly straightforward.

If you want to open up another front, you could try finding a defect on the car and use that to reject it. That means the dealer has to refund all the money paid.

As others have said, I would also refer the matter to trading standards. Make sure you keep a full record of everything that happens including copies of all correspondence and notes of all conversations.

Original poster
Tortington · 05/10/2010 09:41

thank you so much

we had planned to go xmas shopping this week so we aren't skint for xmas.

i'm so annoyed with myself

OP posts:
Original poster
Tortington · 05/10/2010 09:45

thank you prh 47,

he told me to go away and get something legal before he would consider it, which is why i am asking about a solicitors letter.

i know that if i send them a letter they will wait for weeks before replying and drag this out.

is this something that a solicitor would do? and what kind of solicitor would do this?

OP posts:
nickschick · 05/10/2010 09:47

Custy - bloody hell they inimidated you??

fuc*in nobs.

SarahHillWheeler · 05/10/2010 10:00

First, do speak to Trading Standards and find Citizens Advice Bureau or an advice centre where you can get some free legal advice.

Secondly, make sure you keep a note of what happened (set this out with names where you can,in a logical coherent manner - pretty much as you have in your orginal post) all subsequent conversations and the information about the original (internet) price. Always get names (where you can).

You need to speak to someone at Trading Standards or CAB. You don't say what you are doing with the car. But if you are continuing to use it then that may add fuel to the argument that you accepted it (at the higher price).

The fact that you signed the contract at the higher price is not in your favour. However, the amount of bullying is certainly a mitigatig factor (from very rusty memory, it is quite difficult to argue succesfully economic duress). However, you could argue that the contract was based on a unilateral mistake (as to price) which the other party took advantage of and should be set aside. You may also be able to argue that you were induced to enter into the contract on the basis of a misrepresentaion (as to price and by the sounds of it other things as well possibly)which may make the contract rescindable.

Speak to Trading Standards/CAB asap. My gut feeling is that this is a try-on (fact that the manager referred to the need for a legal letter suggest to me he may well back down if hit with one!). You may also want to find out who actually owns the company. If a fly-by-night, you may just have to go for the juggular. If a half-way reputable company, you may find a letter/mail to their CEO/HO gets things moving.

Good luck.

ragged · 05/10/2010 13:18

Phone Trading standards or CAB or consumer direct, don't wait for email. TS are wonderfully on your side over the phone.

springtulips · 05/10/2010 13:23

Trading Standards are very helpful and will support you. Sorry to hear that this has happened. Let us know how you are getting on.

Original poster
Tortington · 05/10/2010 16:30

trading standards said to write to them, that the internet price was an 'invitation to treat' and they can say it was a mistake. that the telephone cnversatin was their word against mine

to wirte to them stating what i want and give them reasonable notice ( as has already been said here) but that further than that there is no recourse.

he will pass it to trading standards as miseading advertizing

OP posts:
Original poster
Tortington · 05/10/2010 16:31

could some legal bod help me draft a letter sounding all legal please?

OP posts:
BudaisintheZONE · 05/10/2010 16:35

Shit Custy. That's terrible. I hope you get it sorted.

Can I ask - how did they get the actual money? Did you pay cash?

FoghornLeghorn · 05/10/2010 16:41

How awful Custy :( No legal advise just sympathy from me, you must feel utterly deflated

Original poster
Tortington · 05/10/2010 16:43

no its gets worse, i paid by debit card. so i actually punched in the PIN number

i really hate myself. I'm so bloody rubbish

OP posts: