New car painted wrong colour
Discussion
Yes. Palmer has gone from seemingly doing all he can to help to pulling the rug out from under the OP because he wrote on a forum (in jest perhaps) that he would flip the car if he took it home.
Whilst they may be entitled to do that, it does seem a very strange turn of events in a short space of time given the time and money high end brands are meant to invest in client satisfaction.
Whilst one wrong order is an issue, the OP talking about his experience to other high worth individuals who may also be considering an AM must be something they would want to contain?
I think the only winner out of this will be the legal teams...
Whilst they may be entitled to do that, it does seem a very strange turn of events in a short space of time given the time and money high end brands are meant to invest in client satisfaction.
Whilst one wrong order is an issue, the OP talking about his experience to other high worth individuals who may also be considering an AM must be something they would want to contain?
I think the only winner out of this will be the legal teams...
So let me get this straight.
you ordered a new AM. You paid a deposit and waited. When it finally arrives they f
ked up the colour of the car, AND the finish of the roof...
They then agree some sort of allowance to sweeten the deal. All is good.
Then they decide they know you will sell the car on, and decide not to sell it to you. (or rather realise they can sell it for a premium themselves).
Aston Martin really are not coming out of this situation very well at all.
you ordered a new AM. You paid a deposit and waited. When it finally arrives they f
ked up the colour of the car, AND the finish of the roof...They then agree some sort of allowance to sweeten the deal. All is good.
Then they decide they know you will sell the car on, and decide not to sell it to you. (or rather realise they can sell it for a premium themselves).
Aston Martin really are not coming out of this situation very well at all.
Osinjak said:
Why does that stop you telling us what it is? 
Beans. Spill.
(I seem to remember a tale about an American fellow who ordered an M3 and it turned up in the wrong shade of blue, I'll see if I can find it).
This was the guy. He ordered an M3 in Atlantis Blue and got one in Atlantic Blue. BMW could squeeze in a build for the right colour car but not until it was too late to have the custom interior made for it, so they could only unbolt the interior from the Atlantic Blue car and put it in the Atlantis Blue car.Beans. Spill.
(I seem to remember a tale about an American fellow who ordered an M3 and it turned up in the wrong shade of blue, I'll see if I can find it).
http://www.m3post.com/forums/showthread.php?t=8424...
Having read the whole thread the best outcome here is that sanity prevails and that Aston Martin talk to the OP and they both agree an outcome that will suit them both.
The whole thing is farcical and even if we don't have the whole story there is no benefit to either side going to litigation.
The whole thing is farcical and even if we don't have the whole story there is no benefit to either side going to litigation.
Cold said:
The OP hasn't paid for it, merely placed an order. The specifics of that order are no longer available.
What to do now? Make a scene worthy of litigious American or negotiate with all involved to get the best out of the situation?
I think you've missed the bit in the thread where the OP negotiated/accepted some form of compensation from AM for taking the car in the wrong colour, to the extent he was singing their praises, before AM then came back an reneged on that offer.What to do now? Make a scene worthy of litigious American or negotiate with all involved to get the best out of the situation?
Certainly appears the OP has approached this in the right way and only resorted to solictitors now that AM are point blank refusing to give him the car.
When the current second hand price of a car is significantly higher than the original purchase price it is no surprise that the dealer is looking for ANY reason not to sell the car to the original buyer, regardless of issues raised.
If the buyer chose to 'flip' the car upon purchase then that is his decision, and unless expressly stated otherwise in any contract of sale, there is nothing the dealer can do about it.
In my view the OP has the following options, which i'm sure his solicitor will pursue -
1. Buy the original car 'as is' and accept reasonable compensation for the error.
2. Not take the car and be compensated to 'current market value' - ie what he could sell it at.
If the buyer chose to 'flip' the car upon purchase then that is his decision, and unless expressly stated otherwise in any contract of sale, there is nothing the dealer can do about it.
In my view the OP has the following options, which i'm sure his solicitor will pursue -
1. Buy the original car 'as is' and accept reasonable compensation for the error.
2. Not take the car and be compensated to 'current market value' - ie what he could sell it at.
edo said:
So let me get this straight.
you ordered a new AM. You paid a deposit and waited. When it finally arrives they fked up the colour of the car, AND the finish of the roof...
They then agree some sort of allowance to sweeten the deal. All is good.
Then they decide they know you will sell the car on, and decide not to sell it to you. (or rather realise they can sell it for a premium themselves).
Aston Martin really are not coming out of this situation very well at all.
really good to see a few people actually read the whole thread ,unlike others that seem to think the op was going legal from the moment he discovered the colour was wrong.you ordered a new AM. You paid a deposit and waited. When it finally arrives they f
ked up the colour of the car, AND the finish of the roof...They then agree some sort of allowance to sweeten the deal. All is good.
Then they decide they know you will sell the car on, and decide not to sell it to you. (or rather realise they can sell it for a premium themselves).
Aston Martin really are not coming out of this situation very well at all.
op , i really hope you end up with the car through the legal process. i know one aston owner up here that in this situation the dealer involved would be at head office praying on his knees to get it sorted , in the hope his knees would remain working . maybe not a nice way to do things, but neither is aston martins attitude to the op at the moment.
wc98 said:
edo said:
So let me get this straight.
you ordered a new AM. You paid a deposit and waited. When it finally arrives they fked up the colour of the car, AND the finish of the roof...
They then agree some sort of allowance to sweeten the deal. All is good.
Then they decide they know you will sell the car on, and decide not to sell it to you. (or rather realise they can sell it for a premium themselves).
Aston Martin really are not coming out of this situation very well at all.
really good to see a few people actually read the whole thread ,unlike others that seem to think the op was going legal from the moment he discovered the colour was wrong.you ordered a new AM. You paid a deposit and waited. When it finally arrives they f
ked up the colour of the car, AND the finish of the roof...They then agree some sort of allowance to sweeten the deal. All is good.
Then they decide they know you will sell the car on, and decide not to sell it to you. (or rather realise they can sell it for a premium themselves).
Aston Martin really are not coming out of this situation very well at all.
op , i really hope you end up with the car through the legal process. i know one aston owner up here that in this situation the dealer involved would be at head office praying on his knees to get it sorted , in the hope his knees would remain working . maybe not a nice way to do things, but neither is aston martins attitude to the op at the moment.
I'm sure that there are some bits of the story missing, details that I don't blame the OP one little bit in not posting for what will be very good and sensible reasons.
Tbh I don't know what result I wish for the OP, except one that he is happy with, and hasn't filled the pockets of the legal lot. It would be a real shame if costs allowed to mount on a point of principle, always better with jaw jaw rather than war war. Maybe it's the potential for legal cost, especially if appeals enter into things, that the dealer/ manufacturer are relying on, if so, very scummy, and perhaps someone does need a bit of hard persuasion.
FiF said:
Maybe it's the potential for legal cost, especially if appeals enter into things, that the dealer/ manufacturer are relying on, if so, very scummy, and perhaps someone does need a bit of hard persuasion.
If the top brass at AM are involved then they'll be the ones calling the shots so I think that moment has passed and they're doing just that - playing hardball with a bigger wallet than the OP.(And one that isn't their own - always easier to gamble with someone else's money rather than your own...seen that plenty of times in the corporate world...)
janesmith1950 said:
Making some assumptions about the circumstances as they are now... The OP doesn't need to sue the dealer for money. He can sue to force them to perform the contract. If AM won't supply the dealer, I wonder if they can be brought in as co-defendents and injuncted to supply?
A couple of things with this point. Firstly you don't know what the small print on the order form states, usually there is an out for the dealer to cancel the sale. If the customer has signed the order form, then they're agreeing to whatever the terms and conditions state.More important than that, if Aston Martin REFUSE to sell the chap a car, what's the dealer going to do? Make one from spare parts? You can take the dealer to court, but if they can't supply the guy a car because the manufacturer says no there's nothing they can do other than cough up some cash if they lose.
havoc said:
FiF said:
Maybe it's the potential for legal cost, especially if appeals enter into things, that the dealer/ manufacturer are relying on, if so, very scummy, and perhaps someone does need a bit of hard persuasion.
If the top brass at AM are involved then they'll be the ones calling the shots so I think that moment has passed and they're doing just that - playing hardball with a bigger wallet than the OP.(And one that isn't their own - always easier to gamble with someone else's money rather than your own...seen that plenty of times in the corporate world...)
FiF said:
Don't know about the last bit, more especially the not very nice bits but agree, AM are not coming out of this at all well.
I'm sure that there are some bits of the story missing, details that I don't blame the OP one little bit in not posting for what will be very good and sensible reasons.
Tbh I don't know what result I wish for the OP, except one that he is happy with, and hasn't filled the pockets of the legal lot. It would be a real shame if costs allowed to mount on a point of principle, always better with jaw jaw rather than war war. Maybe it's the potential for legal cost, especially if appeals enter into things, that the dealer/ manufacturer are relying on, if so, very scummy, and perhaps someone does need a bit of hard persuasion.
i agree, it would not be the way i would do things, but the owner i know certainly would. i have always had the impression aston were a "nice" company if there is such a thing. enthusiasts at heart that would always have the support of every uk motoring enthusiast for the heritage alone.I'm sure that there are some bits of the story missing, details that I don't blame the OP one little bit in not posting for what will be very good and sensible reasons.
Tbh I don't know what result I wish for the OP, except one that he is happy with, and hasn't filled the pockets of the legal lot. It would be a real shame if costs allowed to mount on a point of principle, always better with jaw jaw rather than war war. Maybe it's the potential for legal cost, especially if appeals enter into things, that the dealer/ manufacturer are relying on, if so, very scummy, and perhaps someone does need a bit of hard persuasion.
i think this episode is coming as a surprise to most people reading this thread. it won't stop me smiling every time i see/hear any aston,but it will now be something anyone reading this will always associate with them directly which is a sad state of affairs.
VGTICE said:
Not true, simlar things happened in the past, most recent being Hughes v Pendragon Sabre Ltd (t/a Porsche Centre Bolton) [2016] EWCA Civ 18
http://www.pistonheads.com/gassing/topic.asp?t=156...
Problem is that the valuation depends on timing and in the case of Mr Hughes he only got his car valued at 170k when at the time of appeal the going rate was close to 300k.
Thanks for that reference - very informative.http://www.pistonheads.com/gassing/topic.asp?t=156...
Problem is that the valuation depends on timing and in the case of Mr Hughes he only got his car valued at 170k when at the time of appeal the going rate was close to 300k.
I'm still convinced that something happened between the "amicable resolution" and the fact that Aston then changed the deal, then subsequently pulled the plug on the OP actually being able to buy the car.
Having been a dealer many years ago, I speak from first hand experience (and this is not inferred to the OP at all) but I've had mis built cars turn up before and the reaction is always the same from the customer which is basically "oh fk, what are you going to do about it."
Most people you can reach a resolution with fairly easily, after all, mistakes happen, its an inconvenience but everything is rectifiable.
Then on the other hand:-
A small minority of people will never be placated with anything, regardless of how disproportionately high the offer you are making to them is versus their actual inconvenience and you wish you could pull the plug on the whole deal as its actually more hassle than its worth now.
They got their deposit back and a letter expressing how we were sorry for the inconvenience once that point had been reached.
As I said, thats not inferred to the OP in any way, but to actually go to the point to say "We will not even sell you the car now" does ask some fairly intriguing questions and for the OP to go legal with it does point to a situation that we don't know about.
Having been a dealer many years ago, I speak from first hand experience (and this is not inferred to the OP at all) but I've had mis built cars turn up before and the reaction is always the same from the customer which is basically "oh f
k, what are you going to do about it."Most people you can reach a resolution with fairly easily, after all, mistakes happen, its an inconvenience but everything is rectifiable.
Then on the other hand:-
A small minority of people will never be placated with anything, regardless of how disproportionately high the offer you are making to them is versus their actual inconvenience and you wish you could pull the plug on the whole deal as its actually more hassle than its worth now.
They got their deposit back and a letter expressing how we were sorry for the inconvenience once that point had been reached.
As I said, thats not inferred to the OP in any way, but to actually go to the point to say "We will not even sell you the car now" does ask some fairly intriguing questions and for the OP to go legal with it does point to a situation that we don't know about.
Gassing Station | General Gassing | Top of Page | What's New | My Stuff