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Think I'm gonna need legal help against a car dealer!
Posted: Tue Nov 25, 2008 7:15 pm
by 666
Are there any legal minds out there that can help me get my money back from Ayr Audi now that Iv'e cancelled my order for an S3? In brief, I had to reluctantly hand over my part ex in May to guarantee it's value against an order for an S3 but the garage still can't tell me when it'll be ready (should've been 1st Sept!) so I've cancelled the order. Now they are saying that the part ex was worth £1500 less than we agreed when we shook hands. Surely they can't do that?
If anyone knows of any legal folk that might be able to give me some advice and/or write them a stinking letter then I'd appreciate a name and number!! In fact, any advice from non-legal folk would be read with great interest too!
Andy
Re: Think I'm gonna need legal help against a car dealer!
Posted: Tue Nov 25, 2008 8:55 pm
by Rag_It
I am sure there will be a few that can help, and if not happy to put you in touch with my mother who is lawyer.
However, I wonder if they have shown you the part ex price as an inflated price which actually included 1500 off the price of the Audi S3. I know a lot of dealers do actually have discount to play with, which they don't admit, and simply over inflate the trade price of your car, to make you think they are offering you the best deal on your part ex to get your business.
I imagine you have some paper work showing the breakdown of the deal, and therefore they should have shown you the price offered to you in May of your part-ex?
Cheers,
Dave
Re: Think I'm gonna need legal help against a car dealer!
Posted: Tue Nov 25, 2008 9:11 pm
by Paolo
Re: Think I'm gonna need legal help against a car dealer!
Posted: Tue Nov 25, 2008 9:19 pm
by Edin430
Do you have anything in writing? If not... You're screwed.
A verbal agreement is a legally binding contract in Scotland but it's the hardest thing in the world to prove and would cost you more taking it to court.
Titanium S1 111s is a lawyer and managed to give me some good advice before. Maybe drop him a PM

Re: Think I'm gonna need legal help against a car dealer!
Posted: Tue Nov 25, 2008 11:21 pm
by pete
666 wrote:Are there any legal minds out there that can help me get my money back from Ayr Audi now that Iv'e cancelled my order for an S3? In brief, I had to reluctantly hand over my part ex in May to guarantee it's value against an order for an S3 but the garage still can't tell me when it'll be ready (should've been 1st Sept!) so I've cancelled the order. Now they are saying that the part ex was worth £1500 less than we agreed when we shook hands. Surely they can't do that?
If anyone knows of any legal folk that might be able to give me some advice and/or write them a stinking letter then I'd appreciate a name and number!! In fact, any advice from non-legal folk would be read with great interest too!
Andy
Check your household insurance, it will include legal advice. So will TU membership, AA membership etc.
Re: Think I'm gonna need legal help against a car dealer!
Posted: Wed Nov 26, 2008 8:52 am
by robin
Just ask for your old car back ...
Cheers,
Robin
Re: Think I'm gonna need legal help against a car dealer!
Posted: Wed Nov 26, 2008 10:36 pm
by 666
Rag_It wrote:
However, I wonder if they have shown you the part ex price as an inflated price which actually included 1500 off the price of the Audi S3.
I imagine you have some paper work showing the breakdown of the deal, and therefore they should have shown you the price offered to you in May of your part-ex?
That's what they're now saying they did but none of the paperwork I have shows it like that. I wouldn't have agreed to it being shown that way anyway, not with my luck! I've got emails and some other supporting docs that I'm gonna hit them with. I contacted them today with what I thought was a pretty good email and am now awaiting a response.
Paolo wrote:
You said it, mate!
X7LDA wrote:
A verbal agreement is a legally binding contract in Scotland but it's the hardest thing in the world to prove and would cost you more taking it to court.
I would think a few emails and paperwork from the dealer will help my case, and support the verbal agreement made. Fingers crossed!
pete wrote:
Check your household insurance, it will include legal advice. So will TU membership, AA membership etc.
I'll maybe give BALPA a phone then, Pete. I pay those ba#$ards enough each month to protect my ass so hopefully they'll help me out with this.
robin wrote:Just ask for your old car back ...
Just did that in todays email!!! Wonder what they'll make of that.
I'm feeling a bit more positive about it all today. I'll keep you informed, if your interested, guys. Thanks for all your help and advice

.
Re: Think I'm gonna need legal help against a car dealer!
Posted: Wed Nov 26, 2008 10:38 pm
by a4drk
When i worked for Phoenix Honda last year,
i was taking in P/X's for the new Type R.
People were having to wait 6 months on them (especially if they spec'd it with the 19's)
What we done was gave them a trade in figure which was low, but that price took in consideration the value of it
in 6 months time when it was traded in.
Audi should have done that.
Are they trying to charge you £1,500 extra on top of the deal ?
If so, they haven't got a leg to stand on.
For you / them to order the car, just must have signed an order form
which will have the P/X price on it.
David
Re: Think I'm gonna need legal help against a car dealer!
Posted: Wed Nov 26, 2008 10:52 pm
by Kev
I hope you have better luck flying than you do with cars
Hope you manage to get it sorted mate

Re: Think I'm gonna need legal help against a car dealer!
Posted: Thu Nov 27, 2008 9:51 am
by Rag_It
a4drk wrote:
What we done was gave them a trade in figure which was low, but that price took in consideration the value of it
in 6 months time when it was traded in.
The fair and honest way is to either say to the buyer, i can give you X for it now, or you can come to me when the car is in, if you have not sold it privately, and I will give you a p/ex price then.
I wouldn't have thought any dealer woudl try and be mystic peg about it, and try and work out a book price value for it 6 months ahead!?
Anyway Andy, best of luck and keep us informed with your progress.
Cheers,
Re: Think I'm gonna need legal help against a car dealer!
Posted: Fri Nov 28, 2008 10:33 am
by Neil72
Re: Think I'm gonna need legal help against a car dealer!
Posted: Fri Nov 28, 2008 12:17 pm
by Paolo
Rag_It wrote:a4drk wrote:
What we done was gave them a trade in figure which was low, but that price took in consideration the value of it
in 6 months time when it was traded in.
The fair and honest way is to either say to the buyer, i can give you X for it now, or you can come to me when the car is in, if you have not sold it privately, and I will give you a p/ex price then.
I wouldn't have thought any dealer woudl try and be mystic peg about it, and try and work out a book price value for it 6 months ahead!?
Anyway Andy, best of luck and keep us informed with your progress.
Cheers,
They took the car there and then I believe - so there's no mystic meg about it anyway. Surely if they offered a value, then took the car they can't offer you less 6 months later for a car they will have already shifted??
Re: Think I'm gonna need legal help against a car dealer!
Posted: Fri Nov 28, 2008 12:25 pm
by H8OAG
Just ask for your old car back ...
Robin is righte.......Demand that they return your car for welching on the deal!
and phone the Daily Record .......the tabloids always love a story on dodgy car dealers ......especially in these dark times
Re: Think I'm gonna need legal help against a car dealer!
Posted: Fri Nov 28, 2008 12:31 pm
by Rag_It
Paolo wrote:Rag_It wrote:a4drk wrote:
What we done was gave them a trade in figure which was low, but that price took in consideration the value of it
in 6 months time when it was traded in.
The fair and honest way is to either say to the buyer, i can give you X for it now, or you can come to me when the car is in, if you have not sold it privately, and I will give you a p/ex price then.
I wouldn't have thought any dealer woudl try and be mystic peg about it, and try and work out a book price value for it 6 months ahead!?
Anyway Andy, best of luck and keep us informed with your progress.
Cheers,
They took the car there and then I believe - so there's no mystic meg about it anyway. Surely if they offered a value, then took the car they can't offer you less 6 months later for a car they will have already shifted??
Correct, they offer you a value for your car, and take it, then that is what is put into the deal so to speak - even if the new car doesnt arrive for 6-8 months. The mystic meg stuff was regarding David saying that they gave customers Part ex prices by guessing what they would be in 6 months, thus not dissapointing them in 6 months when they come back and the book price has dropped by 1k. My point was merely that guessing in the motor trade often leads to fingers being burnt!
Re: Think I'm gonna need legal help against a car dealer!
Posted: Fri Nov 28, 2008 8:29 pm
by Paolo
Rag_It wrote:Paolo wrote:a4drk wrote:
They took the car there and then I believe - so there's no mystic meg about it anyway. Surely if they offered a value, then took the car they can't offer you less 6 months later for a car they will have already shifted??
Correct, they offer you a value for your car, and take it, then that is what is put into the deal so to speak - even if the new car doesnt arrive for 6-8 months. The mystic meg stuff was regarding David saying that they gave customers Part ex prices by guessing what they would be in 6 months, thus not dissapointing them in 6 months when they come back and the book price has dropped by 1k. My point was merely that guessing in the motor trade often leads to fingers being burnt!
Quite agree
