Where do I legally stand?

[Betty02]

Major cock ups with the car. Basically I traded the Twingo in, I owed roughly £4500 on the Twingo and the car garage agreed to give me that and settle the finance on the Twingo. So they did that then i started a finance deal on the Golf. What they didn't realise is they had also knocked the £4500 of the price of the golf too. They only realised this yesterday and I signed the contract over a week ago now.

As far as I was aware the contract is a legal binding document? Therefore it is there mistake so I shouldn't be asked to cancel the finance and start a new one for the whole amount including the missed out £4500 - this is what they want.

I'm not into ripping people of and at the end of the day it was there mistake! I have offered to pay and extra £2250 and they sort out the the extra £2250.

Just want to know where I stand legally on this? Will be ringing CAB today to try get an appointment but will be lucky around this time of year.

I shouldn't need to be paying out the extra £2250 but as a gesture of good will I said I would. If not I will be claiming back the following.

6th December - Twingo payment - £189
7th December - Golf payment - £145
7th December - Insurance change - £256.75
7th December - Plate on retention - £105
15th December - Plate assigned to gold - £80
(Things I will be claiming back if they want the car back too)
Plate retention again - £105
Plate transfer again - £80
Twingo Payment (as it will be coming back) - £189
Petrol to garage and back - £150

Let alone my credit rating will go down as it will be so many finance deals in such a short space of time. That all amounts to £1200 which I would try and claim back.

Confusing I know but ANY help would be appreciated!

[PDT]

As long as the contracts arevall legit and completed correctly then you are entitled to leave things as they are. I would not offer any form of part payments and get a good solicitor, ask the company to deal directly to the solicitor and keep out of it.

If it does come to you paying it back claim the mistake was theirs and any extra money you pay back shoukd be minus any legal costs.

Did they pay the balance on the other cars finance?

[smoftah]

Have you taken delivery of the new car already?

If you have then they cant do anything. It is there mistake and they will have to live with it. The made you an offer, both parties signed the contract therefore it is a mistake they will have to live with.

[VC]

read the small print first, but i agree with PDT. its their mistake, unfortunate but its now their problem not yours, keep your good will gesture and use it to engage a solicitor should you need one.. CAB wont get you very far whereas a few hundred with a decent solicitor will read over the contract and then shut the door on them for you. 

[Betty02]

Have the car already yeah got that a week ago too.  Also the finance on the old car has been paid.

Is that 100% water tight that I legally don't need to give anything back?

Wish I got free legal aid lol, prices of a solicitor and near xmas isn't the easiest thing to pay for.

[markfive]

The deal is done. You are the legal owner of the Golf. It is their mistake. The sales person and their manager will be in a lot of trouble over this. Do not let them bully you or try and convince you that you have any duty - legally or morally - to help them correct their mistake.

It is their responsibility to ensure the numbers add up and that the deal makes sense for them commercially. As long as you did not misrepresent the vehicle you traded in (ie. claimed it was something it was not) then they have no way to touch you.

Your offer to split the difference with them is more than generous and they would be mad not to accept it. Peronally I would ring them and say that you have thought about it and you are so disappointed that, after your extremely generous offer, they have still tried to get you to sign another finance deal to cover their error that your offer to split the difference with them has now been withdrawn.

[VC]

you need to get hold the terms and conditions of the sale and any policies relating to it from either the garage/network or/and the finance company and read them over. if they echo the contract then youre fine. wait for the garage to react legally and then approach a solicitor once youre aware of the action/route they are taking

[Betty02]

I read the T/C's all last night, both I and my Dad did, there was no ''clause'' that we found that said they could take the car of me as basically the finance company now own the car not the garage so I am guessing they might be on my side? I don't want to ring the finance company and say there was a mistake in-case they cancel my policy or something so will leave that out.

Most of the T&C's were about miss-payments etc something which I have never done in the years I have had cars on finance.

I agree with everybody it's the problem they should rectify it. Cutting there losses at £2.5 - Considering they have my car up for £1.5k more then they bought it for I'd settle for loosing a grand if I was them! And that's with me being generous enough to offer to pay half - I don't rip people of so did it out of the kindness of my heart. if they carry on pushing for the full wack then I will withdraw my offer and they can settle the big loss.

I will wait to see what today's phonecall brings, and see what they say. I will stand my ground and not be bullied into making a choice I don't wish too. They will be after £250 a month. I am simply not willing to pay for this for all the hassle of there mistake.

[VC]

first of all mate, this is a business transaction.. good will and youre feelings of a gesture will make you look as though you were aware of the fault at point of sale and by the letter of the law it will by purpose indicate that you signed fraudulently and so void the contract.

its their mistake and you need to focus on that and that alone, all feelings of right and wrong dont come into it. they miscalculated so someones getting a b0ll0cking more than likely so they will lean on you from all angles to resolve it.

honestly, you just need to close ranks dude, tell them you empathise with them but that empathy is all you can offer them, contracts are there to bind and protect both parties and you will be sheltering within that contract. There's nothing they can do about it, i dont even think they can legally chase you for it it either!

[182_blue]

WOW, was this a VW dealer ?

[joesgti]

id call straight back and withdraw your offer. as VC says, wait for them to contact you, then seek legal advice, but id be on the phone now telling them that you wont be paying a good will gesture.

[Betty02]

first of all mate, this is a business transaction.. good will and youre feelings of a gesture will make you look as though you were aware of the fault at point of sale and by the letter of the law it will by purpose indicate that you signed fraudulently and so void the contract.

its their mistake and you need to focus on that and that alone, all feelings of right and wrong dont come into it. they miscalculated so someones getting a b0ll0cking more than likely so they will lean on you from all angles to resolve it.

honestly, you just need to close ranks dude, tell them you empathise with them but that empathy is all you can offer them, contracts are there to bind and protect both parties and you will be sheltering within that contract. There's nothing they can do about it, i dont even think they can legally chase you for it it either!

Offer will be withdrawn instantly then. Cheers for the help, good to know legally I am in the write and I just need to shut up shop and stand my ground! Great bit of help and info! Very very helpful and put my mind at ease a lot.

WOW, was this a VW dealer ?

Nope mate garage up in Blackburn.

id call straight back and withdraw your offer. as VC says, wait for them to contact you, then seek legal advice, but id be on the phone now telling them that you wont be paying a good will gesture.

Offer withdrawn. I will await for them to come back at me and just like VC says empathise with them but do nothing. 


Just rang and said I would like to withdraw my offer, but of huff and puff and he tried to talk legal. Said I have no time for this during my working hours and to contact me out of my hours. Will see if I receive a call later!

[VC]

make sure you dont get into any shouting matches with them, listen carefully to anything they say and wright it down. If he threatens legal then simply say politely that you will be adhering to the contract that both parties signed willingly and will await further responce from him should he/they choose to act. Your decision should now be to say that theres nothing you wish to pursue other than to honour your contract and close communication with them

if they do act then engage a solicitor with the paperwork they send you, take the info to a few solicitors locally - look for ones that specialise locally in contractual law and then hand it over. If the garage contact you after this point you simply inform them that all correspondence both verbally and written should be via your solicitor.

you shouldnt need to contact the finance company either as this is a fault at point of sale and not a finance issue, they have a sum owed and youre paying it.

simples 

[Betty02]

Topic printed. Main points highlighted so I have quick reference when they call. Fingers and toes crossed for now!

Thanks again for all the help! I will keep you all up-to-date!

[joesgti]

if they call then just say you will be in touch with a solicitor, then give them his/her details and ask them not to contact you anymore,

i take it you didnt get a service plan aswell!