Legal Advice - Where do I stand?

[DynamiteBoy]

Hi All,

I purchased a car from garage in August and they have now contacted me to say they made a mistake when taking funds off card and I still owe them £1000....

I have checked and yes it appears that they did undercharge me but as this was there mistake im not sure if I have to pay outstanding amount? I now have car and all paper work and receipt etc...

Any help on matter would be much appreciated.

Thanks
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"I dont like my Job anymore - I dont think i'll go" OfficeSpace

Honda CG125 (sold) - Kawasaki GPZ500s (sold) - Kawasaki Zephyr 550 (sold) - Kawasaki er6n (current work horse)

[Raffles]

If for any reason you have not paid the full amount agreed then you still owe them the money and they are well within their rights to pursue you for the balance. It matters not who made the error, you still owe them the money that they are claiming.
Save yourself a load of grief and just cough up.
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A good loser will always be a loser.

[Robby]

A little more detail needed:

1. Do you have a receipt saying paid in full?

2. Does the receipt show the amount that you have paid, or the amount that you should have paid?

3. Did you pay cash, card, cheque or something else?

If you do owe them the money, and you can't see a way to wiggle out of it, you could try and return it and get a full refund. You probably got ripped off anyway.

Probably also worth reading the sale of goods act. Do not give in to any bullying letters or phone calls from the garage, remember that you can't be forced to hand over any money until a judge has ruled on a case. The case wouldn't even be heard in a court until about 4 months after them submitting submitting their papers.

[Alexio]

The receipt basically acts like a contract. If you haven't paid them what was agreed then you owe them.
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will never give up his CG. I look at my fuel gauge more as a progress bar than a fuel gauge.
G: With my GSXR I do often effectively use it as a scooter with a clutch in town.
ms51ves3: why does it need 500 miles? Are you teaching it how to be a piston?

[DynamiteBoy]

Well I have a receipt for final purchase but they did not charge me amount shown... as I had already paid deposit earlier and was just plain excited/nervous to drive home I unfortunately did not notice...

I can't return car, its my dream car and took me ages to find correct one, also took 2 hours haggling on price with dealer.

The biggest problem really is that I have only just been made aware and being Christmas I dont have £1000 spare. One of those months with bills (gas/tax/insurance/bike tyres,chain and sprokets/xmas gifts) all came through in last 2 weeks .

I will just have to speak to garage and see if we can come to some sort of agreement.
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"I dont like my Job anymore - I dont think i'll go" OfficeSpace

Honda CG125 (sold) - Kawasaki GPZ500s (sold) - Kawasaki Zephyr 550 (sold) - Kawasaki er6n (current work horse)

[Alexio]

Zero interest credit card might come in handy if you don't screw it up and you're unlikely to become unemployed soon? Think very carefully about going in to debt though.
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will never give up his CG. I look at my fuel gauge more as a progress bar than a fuel gauge.
G: With my GSXR I do often effectively use it as a scooter with a clutch in town.
ms51ves3: why does it need 500 miles? Are you teaching it how to be a piston?

[DynamiteBoy]

Thanks Alexio,

Good idea, ill look into it. But as you mention I don't really like getting into debt when I can avoid.

No more takeaways for a while I think... save the pennies
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"I dont like my Job anymore - I dont think i'll go" OfficeSpace

Honda CG125 (sold) - Kawasaki GPZ500s (sold) - Kawasaki Zephyr 550 (sold) - Kawasaki er6n (current work horse)

[Robby]

Did the recepit say paid in full, or specify a payment type?

If the receipt says that it's paid, and you paid cash, then they would have trouble proving otherwise in a court of law.

[Skudd]

If you know you haven't paid the full amount, most people would see that extra £1,000 in their accounts, then do the honest thing and pay up. If you are short, contact the garage and agree an amount to pay over a given period. They made a mistake, so I'm sure that this can end in a good settlement for all.
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Famous last words of Humpty Dumpty. " Stop pushing me "
Petty Anarchists look at "1984".............. The Visionary looks at "Animal Farm".

[MaybeGuy]

You're a cunt for thinking about trying to do someone over for a grand.
I hope you crash said 'dream car' and end up with nothing.
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Blue_SV650S wrote: it was a sh1te wheelie, but it proves that he can get it up in 3rd and can do angles. In summery, mattsprattuk is a gobby little sh1tebag, dopehead tw4t, but sadly for all of us, he probably isn't THAT full of sh1te!!
Kickstart wrote: Hi I tend to agree with Matt. All the best Keith

[locked]

you should cough up, if that was the price you and the dealership agreed then you should do the right thing and pay. since it happened in Augest, didn't you notice the extra £1000 pound in your account?

I would explain to the dealership, xmas is around the corner, you have no money due to presents etc and then come to an agreement between yourselves to sort the outstanding balance, save you alot of hassle in the long run.



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on the look out for my next bike....
CBT Passed - 13/09/09 Theroy Passed - 19/12/09 Mod 1 Passed 04/05/10 Mod 2 Passed 14/05/10 - Free to ride ANYTHING!
Motorcycles are perfectly safe as long as you remember they're dangerous.

[Mr.Everready]

Sounds to me that someone thought they got away with not paying a grand 5 months ago and spent it thinking the dealer didn't notice.
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the undemocratically unelected mod of the Scottish section

[TQ]

I agree with Mr. Everready. A grand's a hell of a lot to not notice in your bank account.
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First Bike :Gilera DNA 50 | Second: Imported 1989 NSR125
Third: 1998 Yamaha XJ600N | Currently: 1999 Yamaha FZS600

[DynamiteBoy]