New car painted wrong colour

New car painted wrong colour

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Discussion

ferrisbueller

29,324 posts

227 months

Sunday 19th February 2017
quotequote all
Cold said:
ferrisbueller said:
jeff666 said:
Cold said:
V8LM said:
Understand if you don't wish to say, but what substantial loses have you incurred?
About two years of interest on a £20k deposit. So a couple of hundred quid?
Plus the fact that the car has gone up in value.
To 285k........
Firstly, the car is still an unregistered asset belonging to the manufacturer so its monetary value is the RRP. Secondly he doesn't own the car yet so he's lost (or gained) nothing there and lastly he claims that he's not going to sell it so that point is irrelevant.
That's what he would have to pay to get another one.

The point is, AIUI (and IAMAL), the OP has to be put back in the same position he would have been if the contract hadn't been breached i.e. a GT8 in his garage.

It will be interesting to see how it all pans out.

Cold

15,246 posts

90 months

Sunday 19th February 2017
quotequote all
ferrisbueller said:
That's what he would have to pay to get another one.

The point is, AIUI (and IAMAL), the OP has to be put back in the same position he would have been if the contract hadn't been breached i.e. a GT8 in his garage.

It will be interesting to see how it all pans out.
He can not buy another brand new one as AM are not making any more. To be put back in the original position would mean a refund of the deposit and a goodwill bouquet from Interflora.

V8LM

5,174 posts

209 months

Sunday 19th February 2017
quotequote all
Cold said:
ferrisbueller said:
That's what he would have to pay to get another one.

The point is, AIUI (and IAMAL), the OP has to be put back in the same position he would have been if the contract hadn't been breached i.e. a GT8 in his garage.

It will be interesting to see how it all pans out.
He can not buy another brand new one as AM are not making any more. To be put back in the original position would mean a refund of the deposit and a goodwill bouquet from Interflora.
AML could make a goodwill gesture and ask the OP to split the difference between the list price and the price people are now possibly prepared to pay for the car.

Or AML sue everyone prepared to pay more than the list price for the car.

(Not serious by the way).

Truffles

577 posts

184 months

Sunday 19th February 2017
quotequote all
Durzel said:
rkwm1 said:
For all of you who think some major piece of information is missing it is not.

Having checked with my solicitors i pleased to say that buying a car and then selling it to make a profit is totally legal.

As i understanded it AM have told the dealer that they are no longer allowed to sell me the car because they think i will sell it on.

If i had wanted to sell it(which i didn't) there is nothing Aston Martin could have done about. To my knowledge no contract can legally be drawn up which forbids the sale of an item when it is sold to the new owner. The only notable exception to this is when the government subsidise property and then the owner of the property is not allowed to sell the property and profit from it.

Subsequently as the dealer is breaking their contract with me the dealer will be taken to court for substantial losses by me.
I'll just leave this here

Strictly speaking contracts can impose all kinds of terms that might ostensibly seem unreasonable, but if you sign it then you're agreeing to be bound by them.

Obviously if AM have no such contract then it's a different story.
That is a US contract. You cannot have an enforceable consumer contract like that in the UK. See https://en.wikipedia.org/wiki/Exhaustion_of_intell...

VGTICE

1,003 posts

87 months

Sunday 19th February 2017
quotequote all
Cold said:
ferrisbueller said:
jeff666 said:
Cold said:
V8LM said:
Understand if you don't wish to say, but what substantial loses have you incurred?
About two years of interest on a £20k deposit. So a couple of hundred quid?
Plus the fact that the car has gone up in value.
To 285k........
Firstly, the car is still an unregistered asset belonging to the manufacturer so its monetary value is the RRP. Secondly he doesn't own the car yet so he's lost (or gained) nothing there and lastly he claims that he's not going to sell it so that point is irrelevant.
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.

Durzel

12,264 posts

168 months

Sunday 19th February 2017
quotequote all
Truffles said:
That is a US contract. You cannot have an enforceable consumer contract like that in the UK. See https://en.wikipedia.org/wiki/Exhaustion_of_intell...
Thanks. I did not know that.

V8LM

5,174 posts

209 months

Sunday 19th February 2017
quotequote all
VGTICE said:
Cold said:
ferrisbueller said:
jeff666 said:
Cold said:
V8LM said:
Understand if you don't wish to say, but what substantial loses have you incurred?
About two years of interest on a £20k deposit. So a couple of hundred quid?
Plus the fact that the car has gone up in value.
To 285k........
Firstly, the car is still an unregistered asset belonging to the manufacturer so its monetary value is the RRP. Secondly he doesn't own the car yet so he's lost (or gained) nothing there and lastly he claims that he's not going to sell it so that point is irrelevant.
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.
And any agreed contract(s) in place and the parties involved will be different.


Edited by V8LM on Sunday 19th February 18:37

VGTICE

1,003 posts

87 months

Sunday 19th February 2017
quotequote all
V8LM said:
And any contract(s) in place and the parties involved will be different.
I didn't realise that, thanks Sherlock.

V8LM

5,174 posts

209 months

Sunday 19th February 2017
quotequote all
VGTICE said:
V8LM said:
And any contract(s) in place and the parties involved will be different.
I didn't realise that, thanks Sherlock.
No problem. getmecoat

jeff666

2,323 posts

191 months

Sunday 19th February 2017
quotequote all
Cold said:
He can not buy another brand new one as AM are not making any more. To be put back in the original position would mean a refund of the deposit and a goodwill bouquet from Interflora.
I wonder if you would feel the same way if this had happened to you ?

Cold

15,246 posts

90 months

Sunday 19th February 2017
quotequote all
jeff666 said:
I wonder if you would feel the same way if this had happened to you ?
Personally I'd be ragging the bejeebus out of my new car, taking advantage of all the complimentary things that AM bestowed upon me while knowing that I'm now the dealership's most bum-licked customer. I'd probably even pop over to Geneva next month to treated like a YouTube star.
A discrepancy over two shades of grey/silver wouldn't spoil my enjoyment of the car.

48k

13,078 posts

148 months

Sunday 19th February 2017
quotequote all
Best of luck OP but I fear you are not going to get the result you hope for. I can't help but feel a little more circumspection on your part from the beginning would have seen you in a stronger position now.

DefenderOfTheFaith

11 posts

86 months

Sunday 19th February 2017
quotequote all
All seems a bit strange to me. I've always Found them to be a nice bunch. How did you manage to upset them so that they wouldn't supply?

Can't you get a friend / family member to work with them on your behalf?

jeff666

2,323 posts

191 months

Sunday 19th February 2017
quotequote all
Cold said:
jeff666 said:
I wonder if you would feel the same way if this had happened to you ?
Personally I'd be ragging the bejeebus out of my new car, taking advantage of all the complimentary things that AM bestowed upon me while knowing that I'm now the dealership's most bum-licked customer. I'd probably even pop over to Geneva next month to treated like a YouTube star.
A discrepancy over two shades of grey/silver wouldn't spoil my enjoyment of the car.
How are you going to do that when they have refused to sell it to you ?

jeff666

2,323 posts

191 months

Sunday 19th February 2017
quotequote all
DefenderOfTheFaith said:
All seems a bit strange to me. I've always Found them to be a nice bunch. How did you manage to upset them so that they wouldn't supply?

Can't you get a friend / family member to work with them on your behalf?
Have you read the thread ?


He didn't upset them, they upset him by not painting the car the right colour.

Cold

15,246 posts

90 months

Sunday 19th February 2017
quotequote all
jeff666 said:
How are you going to do that when they have refused to sell it to you ?
They wouldn't have refused to deal with me as I wouldn't have been a dick when the mistake was uncovered. I'd have sat down calmly with the dealer and a rep from AM to discuss options that we were all happy with. I certainly wouldn't have bothered with a solicitor about the colour of a toy.

DefenderOfTheFaith

11 posts

86 months

Sunday 19th February 2017
quotequote all
jeff666 said:
DefenderOfTheFaith said:
All seems a bit strange to me. I've always Found them to be a nice bunch. How did you manage to upset them so that they wouldn't supply?

Can't you get a friend / family member to work with them on your behalf?
Have you read the thread ?


He didn't upset them, they upset him by not painting the car the right colour.
Yup, thanks.

They upset him, it was all going to get fixed, then it all went wrong. Feels like a chapter is missing...

Like I say, I find them easy and straight to deal with.

jeff666

2,323 posts

191 months

Sunday 19th February 2017
quotequote all
Cold said:
They wouldn't have refused to deal with me as I wouldn't have been a dick when the mistake was uncovered. I'd have sat down calmly with the dealer and a rep from AM to discuss options that we were all happy with. I certainly wouldn't have bothered with a solicitor about the colour of a toy.
Yes of course you would rolleyes

jeff666

2,323 posts

191 months

Sunday 19th February 2017
quotequote all
DefenderOfTheFaith said:
Yup, thanks.

They upset him, it was all going to get fixed, then it all went wrong. Feels like a chapter is missing...

Like I say, I find them easy and straight to deal with.
Fantastic,

I guess all the cars you bought from them turned up in the right colour ? Happy days eh ?

DefenderOfTheFaith

11 posts

86 months

Sunday 19th February 2017
quotequote all
jeff666 said:
Fantastic,

I guess all the cars you bought from them turned up in the right colour ? Happy days eh ?
So far, so good My DB11 is due to be built in March. Will get them to check...