Meet the Other Phone. A phone that grows with your child.

Meet the Other Phone.
A phone that grows with your child.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

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:
Tortington · 08/10/2010 00:34

well it does make sense. but legally i signed something and punched the bloody number into the machine. so, its a lot down to my stupidity. so annoyed with myself.

my cousin was witness to them saying that they would lie, if thats anything ?

i'm assuming not as its a family member.

will send letter and see how far i get.

thanks

OP posts:
Aitch · 08/10/2010 00:47

i find them totally overwhelming, and what's more they're trying to be. try not to beat yourself up about it too muhc, let's just get the money back. it beggars belief that you would pay £500 more...

is this something worth phoning the cops for advice on? you were ambushed and swindled, after all. it's the kind of thing they chase up with timeshare operatives, isn't it?

Tortington · 08/10/2010 01:05

i don't know if i would phone the police about it. yes i did feel ambushed, totally the right word for it.

will word a letter, give them a timescale and threaten small claims court.

OP posts:
Aitch · 08/10/2010 01:13

i suppose it depends how nice your local cop shop is, but i would phone mine. but then they are all very lovely ime, and willing to help out where possible.

Jaybird37 · 08/10/2010 09:20

Also, check whether or not you have legal expenses insurance on your home, credit card or car insurance documents.

You are paying for this cover, so your insurance company may well be obliged to pay for a solicitor to help you.

Aitch · 08/10/2010 09:42

or if you pay one of those monthly bank charge things, they're called royalties gold on my account. they often insure you for legals.

nancydrewrocked · 08/10/2010 10:26

Again I agree with PRH47Bridge

This is not a complicated case. There is no legal argument to be had and is simply a factual dispute.

A Judge will be deciding whether he believes Custy or the garages version of events. Provided Custy has all the paperwork backing up the payments she has made and the advert stating the cheaper price she has a reasonable chance of winning - not of course guaranteed but nothing ever is.

Custy you don't need to (and shouldn't) engage a solicitor. Whilst the small claims procedure can feel intimidating it is actually very straight forward and is set up for people representing themselves.

Good luck

vbusymum1 · 08/10/2010 10:37

I'd say the best chance of getting your money back is somehow to -bully- shame them into it as I don't think your case is very strong legally although morally you are in the right.

I know it probably goes against your principles but as someone else said having a man to help fight your corner might help. Also threaten to name and shame them (are you prepared to link to the advert), you have access to a hugely influential audience here and on consumer forums.

Good luck, things like this make me very cross.

New posts on this thread. Refresh page
Swipe left for the next trending thread