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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:
FoghornLeghorn · 05/10/2010 16:46

You're not rubbish at all - it was a very intimidating situation.

FWIW, I very often punch my pin in without checking the amount first - it's easily done, especially in those circumstances

ragged · 05/10/2010 17:44

Just goes to show that if something like this happened to Custy it could happen to any of us .

DirtyMartini · 05/10/2010 18:47
Angry
Tortington · 05/10/2010 19:04

please can anyone help word a letter?

OP posts:
nancydrewrocked · 05/10/2010 19:20

What bastards.

Agree with everything PRH47 said.

In the first instance draft a letter to them yourself. Getting a solicitor involved is costly and to be honest your £500 will soon disappear in legal costs.

The letter doesn't need to be complicated, just state the facts:

  1. You saw the car advertised at x price on Y site. (attach copy of advert from as many sources as you can - in case they try to claim that it was a misprint on one site).
  1. You phoned the dealership and spoke to Mr.Z and agreed to pay x price.
  1. You felt enormously pressurised to complete the transcation quickly and as a result you realised that taking onto account the deposit already paid you did in fact overpay for the car.
  1. This was clearly an error you wouldn't have travelled a great distance to purchase a car for more than the advertised price.
  1. You could add a short paragraph regarding their refusal to rectify the matter reasonable and cover the suggestion that they were prepared to lie if you decided to persue the matter.
  1. Request that they return the money within 7 days or you will persue the matter through the courts.

Hopefully that will be the kick up the arse that they need but of not it is realtively easy and inexpensive to lodge a claim. The HMCS site is helpful and clear.

and print those adverts now

ragged · 05/10/2010 20:06

I am in the process of suing somebody (a car relatd matter, too!). It is not nice but easier than you think. Bastards mustn't get away with it.

The reputable dealers are part of a 2nd hand dealership ombudsman scheme that will negotiate disputes like yours, I doubt this applies to your seller, Custardo, but worth checking on.

Tortington · 06/10/2010 08:13

i will try and word a letter today and i might get your opinions on it.

thanks for all your help.

OP posts:
MaudOHara · 06/10/2010 09:56

Good luck custy - from what I know of you on MN you're a strong no nonsense woman - go get 'em

Penguindreams · 06/10/2010 11:19

Under Nancydrew's (4) - I'd say 'advertised and agreed price'. The only point in your favour really is agreeing up front what the price was (although they can legitimately argue that you varied it).

RnB · 06/10/2010 11:39

Oh no custy :( What bastards.

Fimbo · 06/10/2010 11:43

Bloddy robbers. Good luck with it all Custy

TheReturnoftheSmartArse · 07/10/2010 09:56

How are you doing today, Custy. Any progress? I wish I could help but I'm sending you good vibes instead.

Tortington · 07/10/2010 11:54

thank you so much.

i have man flu at the moment so am feeling ill, i think i will write the letter next monday whilst i am work.

will let you all know how i get on.

thank you

OP posts:
noddyholder · 07/10/2010 12:00

What bastards! If all else fails threatening them with a facebook campaign advising people of their ways will probably get them to take notice!

MABS · 07/10/2010 13:35

wankers, will ask dh for any opinions on it

TheReturnoftheSmartArse · 07/10/2010 15:51

Get well soon!

curlywurlycremeegg · 07/10/2010 16:40

Get back on to consumer direct, they are usually very good, they have stock letter that you can use for legal cases and they may have one that fits your needs if you ask them, it saves having to "wing it" and hope you are stating the correct facts. Hope you get it back.

frogetyfrog · 07/10/2010 16:57

I thought that there was a legal cooling off period for any purchase where you can return it if you change your mind???? Anybody know.

Feel for you. Could happen to anyone of us - I never look at the amount when i punch my pin in.

Sorry its happened to you.

lifeistooshort · 07/10/2010 17:38

The cooling off period is only for distance selling tools.

Custardo your case is not 100% in you favour as you did sign the documents and you did punch your pin. A nicely minded judge might perhaps find that there was some misrepresentation or that you entered the contract under duress but to be honest a not so nicely minded judge would say you were naive and have only yourself to blame for this. I would't suggest you sue because as someone pointed out, solicitors are expensive and you would be throwing good money after bad. Representing yourself is an option but because the legal arguments would be tricky, I wouldn't even go there. Also bear in mind that if you lost, you would have to pay your oponent's cost.

I would send a letter to them as suggested by nancy and say that if they don't return your money within 7 day you will "consider your options". Next letter after that if they haven't returned the money, tell them that you are giving them an extra 7 days otherwise you will sue.

There is a website called money claim online where you can sue for money owed to you by someone. However I would't recommend you use it as the facts are not 100% in your favour and your case would probably refered to a normal court (but then if your opponent didn't reply you would win...but it is a massive gamble).

Personally in your situation I would't fancy your chances by following the legal route. The facts are not clear cut, the legal arguments complex and you should not embark in litigation if you haven't got any cash to spare (which by the sound of it is your case). Especially if your oponent has some/a lot more than you (because their cost if you lost would be huge)

By all means try the letters but if you don't get anywhere with that, stop there and have a good cry.

I know this is not the answer you wanted but I hope it helps.

prh47bridge · 07/10/2010 18:21

Lifeistooshort - The small claims court IS a normal court. It is the small claims track at the county court. It deals with most claims for under £5,000. This case is not particularly complex so think it would be allocated to the small claims track.

In most small claims cases the loser is NOT ordered to pay the other sides costs for solicitors. So it is highly unlikely that Custardo will be faced with having to pay the garage's costs. However, if Custardo wins it will be possible to reclaim the court fees from the car dealer. Custardo doesn't need a solicitor to sue in the small claims court so there is no question of throwing good money after bad.

The facts are not 100% in Custardo's favour and it is possible that it could go against her - nothing can every be guaranteed when dealing with the courts. However, I think there is a reasonable chance that she would win.

Tortington · 08/10/2010 00:04

thanks so much, i will no doubt be coming back to you for advice when i get a reply to the letter.

consumer direct didn't tell me about any stock letter they have.

i wanted to make it sound legalish to scare them into thinking i know what i'm talking about Hmm

OP posts:
Aitch · 08/10/2010 00:08

so sorry to hear about this, custy, what a bunch of absolute fuckers they are. hope a lawyer comes along soon for you.

Tortington · 08/10/2010 00:09

cheers

OP posts:
Aitch · 08/10/2010 00:17

do you have the internet ad printed?
and the call logged on your mobile?
it isn't a plausible story that you would have called them about an ad and then been talked up £500 before driving 200 miles. why would you have called them if not in response to their ad?

things like this happen to me too, c. it's so gutting. the last time i bought a car i swear to god i only went to have a look. ended up getting sooooo bamboozled i walked out of there having bought something.

Aitch · 08/10/2010 00:22

oh yes just saw that you do have it printed off. surely to god that is a clincher.