Undercharged for a BMW 3 series Diesel!
Discussion
Hi everyone, I just need a bit of advice, I suppose more consumer advice than car advice.
Anyway, my brother-in-law purched an 02 reg 3 series from an independent car trader last week. He placed a deposit on it and was due to to collect it a couple of days later, when they initially did the deal the salesman accidentally charged them £6k instead of £8K. He wrote out the invoice for £6k and also put down the £200 deposit.
When he collected the car a few days later the salesman had put on road tax as agreed and everything was fine. At this point he still hadn't mentioned the discrepancy in the price and my brother-in-law took the car.
Today, my brother-in-law had an answerphone messsgae requesting a call back about a mistake with his invoice.
What do you think he should do and what are his rights now that he has a signed invoice from the salesman stating the price.
Sorry for the longish post and TIA.
Anyway, my brother-in-law purched an 02 reg 3 series from an independent car trader last week. He placed a deposit on it and was due to to collect it a couple of days later, when they initially did the deal the salesman accidentally charged them £6k instead of £8K. He wrote out the invoice for £6k and also put down the £200 deposit.
When he collected the car a few days later the salesman had put on road tax as agreed and everything was fine. At this point he still hadn't mentioned the discrepancy in the price and my brother-in-law took the car.
Today, my brother-in-law had an answerphone messsgae requesting a call back about a mistake with his invoice.
What do you think he should do and what are his rights now that he has a signed invoice from the salesman stating the price.
Sorry for the longish post and TIA.
Edited by suprazed on Monday 10th December 18:56
Edited by suprazed on Monday 10th December 18:57
Is your BiL in possesion of the car?
Has he paid the amount on the invoice and/or does he have a receipt saying "paid" or something similar?
Has he received from the dealer the receipt section of the V5 which would indicate that the V5 has been sent off to Swansea?
At what point did your BiL realise the dealer was undercharging him?
Has he paid the amount on the invoice and/or does he have a receipt saying "paid" or something similar?
Has he received from the dealer the receipt section of the V5 which would indicate that the V5 has been sent off to Swansea?
At what point did your BiL realise the dealer was undercharging him?
As someone in the motortrade I can say that with 99% confidence, it's tuff titty!!
He has an invoice - paid
Signed by both him and dealer
plus the car is in your BIL name as sorted by the dealer.
It looks like he got cheap car
The saleman will get the sack but he shouldn't of droped such a ballbag
He has an invoice - paid
Signed by both him and dealer
plus the car is in your BIL name as sorted by the dealer.
It looks like he got cheap car
The saleman will get the sack but he shouldn't of droped such a ballbag
Given the present circumstances the purchaser is probably in a strong position - he has all the relevant paperwork that indicates he purchased the car. EO&E tends to apply more to adverts; once a sale is agreed it's agreed and in theory neither party can back out without the agreement of the other.
Pleased its not just me then !!!!!!
I did this only last week, I got mixed up on two audi a4s I was selling and undercharged on the invoice by £2k ! my customer has bought a car from me in the past and luckily for me he pointed it out and I ammended the invoice. I was wondering afterwards where I stood legally if he hadnt told me!!
I did this only last week, I got mixed up on two audi a4s I was selling and undercharged on the invoice by £2k ! my customer has bought a car from me in the past and luckily for me he pointed it out and I ammended the invoice. I was wondering afterwards where I stood legally if he hadnt told me!!
anonymous said:
[redacted]
I would have been disappointed If my guy hadnt said anything but as I said Ive sold him cars prior and he has often called in when hes passing for a natter and as he said he wants to continue to do business in the future, but really speaking once the money has been handed over or cheque written out in my case thats the deal done.In fairness My man could of talked his way out of pleading ignorant it as it was his wife that wrote out the cheque copying from my invoice and she didnt know what the deal was..On a totally different tangent not car related Ive recently (2 months ago) had an error in my favour of and ended up getting overpaid by just short of £15k and yep Ive kept quiet so Im hardly qualified to give moral advice on this subject, I was going to put a post on here at the time to see what people would do in my situation but thought bollox i"ll keep it
When your BIL bought the car was he told it was £6k or £8k, what was the price when he decided to buy it??
If he decided to buy it because it was £6k then I think the dealer has to take the hit. What if he sold his car on the cheap to get a quick sale so he could buy this bargain, does the dealer expect him to contact his buyer and ask for more because he is now out of pocket?? Of course not!
If however he was buying the car for £8k and it was a mistake when the invoice was written out and he just kept quiet and thought 'nice one!' then it comes down to whether he wants to pay the difference or not, and whether he feels alright with himself doing so.
If it was the latter I would probably offer the dealer a grand and see what they say.
If he decided to buy it because it was £6k then I think the dealer has to take the hit. What if he sold his car on the cheap to get a quick sale so he could buy this bargain, does the dealer expect him to contact his buyer and ask for more because he is now out of pocket?? Of course not!
If however he was buying the car for £8k and it was a mistake when the invoice was written out and he just kept quiet and thought 'nice one!' then it comes down to whether he wants to pay the difference or not, and whether he feels alright with himself doing so.
If it was the latter I would probably offer the dealer a grand and see what they say.
Thanks for all the replies, his only concern is that if thr trader decides to go down the small claims court route then potentially it wouldn't be worth the hassle.
All the dealer would have to do is prove what he personally paid for the car and give examples of what similar cars are selling for and he would most likely win, leaving my bil with paying court costs plus the £2k.
I might suggest he sticks it out a bit longer to see what happens
All the dealer would have to do is prove what he personally paid for the car and give examples of what similar cars are selling for and he would most likely win, leaving my bil with paying court costs plus the £2k.
I might suggest he sticks it out a bit longer to see what happens
Gizlaroc, funny thing is that he never actually talked about the sale price. He saw the car and liked it and so haggled to get money knocked off and eventually agreed not have any money knocked off but instead got tax and bigger MV2 wheels put on.
During the entire process neither of them mentioned the price that the car was up at which also led to the salesman getting confused I guess.
During the entire process neither of them mentioned the price that the car was up at which also led to the salesman getting confused I guess.
suprazed said:
Gizlaroc, funny thing is that he never actually talked about the sale price. He saw the car and liked it and so haggled to get money knocked off and eventually agreed not have any money knocked off but instead got tax and bigger MV2 wheels put on.
During the entire process neither of them mentioned the price that the car was up at which also led to the salesman getting confused I guess.
Did your bil get invoiced for the car prior to collecting it ? just wondering if he went to collect it with £8k in his pocket and come away with £2k change or pay via draught for £6k ?During the entire process neither of them mentioned the price that the car was up at which also led to the salesman getting confused I guess.
suprazed said:
Thanks for all the replies, his only concern is that if thr trader decides to go down the small claims court route then potentially it wouldn't be worth the hassle.
All the dealer would have to do is prove what he personally paid for the car and give examples of what similar cars are selling for and he would most likely win, leaving my bil with paying court costs plus the £2k.
I might suggest he sticks it out a bit longer to see what happens
If it came to court then other examples are a bit irrelevant - he would simply be asked to swear that he didn't realise the car was priced at £8000. Is he really going to lie in court?All the dealer would have to do is prove what he personally paid for the car and give examples of what similar cars are selling for and he would most likely win, leaving my bil with paying court costs plus the £2k.
I might suggest he sticks it out a bit longer to see what happens
I had a similar thing quite a few years ago where we bought a load of turf. Paid the driver on delivery but it was less than I expected. Next day the company rang and asked for the difference. I said sod (see what I did there?) off but they wrote to me demanding payment. I spoke to our family solicitor and he advised that the courts would look at what is fair & reasonable and his oinion was that it would be fair and reasonable to pay the expected price.
lewis328 said:
as far as i am aware once the paper work has been done and signed thats the price you pay, a similar thing happened to a friend of mine. its the salesmans fault he is liable.
I think we all know that, the question is what is the morally correct thing to do. Bear in mind that the BIL was prepared to pay £8k and now has £2k in his pocket that he didn't expect. Meanwhile, unless the salesman owns the dealership, he's about to get fired two weeks before Christmas. Yes, it was his mistake but we all make them.Edited by carl_w on Tuesday 11th December 12:53
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