Sold a classic, garage takes commission... then another £1k
Discussion
Long story short:
• Specialist garage commissioned to sell in-laws 1954 MG TF. Nut and bolt restoration, car is absolutely flawless. The same garage have been involved in the process so know the car. It's described by them in their ad as 'the best we've ever seen in over 40 years of the business'.
• FIL diagnosed with cancer right at the end of the restoration. He decided to sell it as it would never get used. The enjoyment for him was in the rebuild.
• Car sells, garage take their percentage plus VAT. No issue with that. They also deduct another £1000. They as yet haven't given him a credible answer as to why. They've said things like 'the seat runners were sticky and needed sorting out' and 'the brake pads were down'. Bear in mind this car has covered less than 50 miles since being finished. The brakes were perfect; the whole car was perfect.
• The new buyer spent 5 hours with them going over the car with a fine tooth comb (so they say – that's not his concern)
He's ill and tired and a nice bloke. I feel this garage are taking the proverbial.
What can be done?
• Specialist garage commissioned to sell in-laws 1954 MG TF. Nut and bolt restoration, car is absolutely flawless. The same garage have been involved in the process so know the car. It's described by them in their ad as 'the best we've ever seen in over 40 years of the business'.
• FIL diagnosed with cancer right at the end of the restoration. He decided to sell it as it would never get used. The enjoyment for him was in the rebuild.
• Car sells, garage take their percentage plus VAT. No issue with that. They also deduct another £1000. They as yet haven't given him a credible answer as to why. They've said things like 'the seat runners were sticky and needed sorting out' and 'the brake pads were down'. Bear in mind this car has covered less than 50 miles since being finished. The brakes were perfect; the whole car was perfect.
• The new buyer spent 5 hours with them going over the car with a fine tooth comb (so they say – that's not his concern)
He's ill and tired and a nice bloke. I feel this garage are taking the proverbial.
What can be done?
They can't just help themselves to money which wasn't agreed. They can only take what was in the contract. I would speak to them again and firmly tell them to give you the money back.
If they don't, issue a letter before action detailing what happened and why they owe you the money. If they don't respond, then issue a money claim on line.
Tim
If they don't, issue a letter before action detailing what happened and why they owe you the money. If they don't respond, then issue a money claim on line.
Tim
Why did they take a percentage plus VAT also? I got a garage to sell my last car, he took his percentage (pre-agreed) and gave me the rest. Anything he did to the car to spruce it for sale was advised to me and agreed prior to them doing it (paid for by me). Unless the garage can prove your dad agreed, I'd be going through small claims for what they haven't paid.
Mike_Mac said:
Handy that the extra work they needed to do cost exactly a round thousand pounds...
As said, LBA and SCC if they don't cough up IMO.
We were wondering how a squirt of WD40 on a seat runner could cost £1k. The brakes were brand new, there’s no way they needed anything doing to them.As said, LBA and SCC if they don't cough up IMO.
Butter Face said:
Always best for both parties to get it in writing, now it’s his word against theirs.
Take it to court but be prepared for them to have some ‘proof’ of work required/agreed with the buyer that your FIL ‘agreed’ to.
There’s no correspondence prior to the sale about any work required. They had the car for 2 months and had it up on ramps for the photos etc. They had ample time to roadtest it (which they did, with glowng feedback). It needed for nothing. They’ve had nearly 2 weeks to come up with a list of work and to date there’s been nothing.Take it to court but be prepared for them to have some ‘proof’ of work required/agreed with the buyer that your FIL ‘agreed’ to.
Butter Face said:
Always best for both parties to get it in writing, now it’s his word against theirs.
Take it to court but be prepared for them to have some ‘proof’ of work required/agreed with the buyer that your FIL ‘agreed’ to.
i'm not a laywer but the onus is on the company, under the The Consumer Protection from Unfair Trading Regulations 2008 (known as the CPRs) control unfair practices used by traders when dealing with consumers, and create criminal offences for traders that breach them.Take it to court but be prepared for them to have some ‘proof’ of work required/agreed with the buyer that your FIL ‘agreed’ to.
https://www.businesscompanion.info/en/quick-guides...
''General duty not to trade unfairly
Regulation 3 is a 'Prohibition of unfair commercial practices', which effectively means failing to act in accordance with reasonable expectations of acceptable trading practice.
The regulation prohibits practices that:
contravene the requirements of professional diligence (defined as the standard of special skill and care that a trader may reasonably be expected to exercise towards consumers, which is commensurate with either honest market practice in the trader's field of activity or the general principle of good faith in the trader's field of activity)''
i would approach trading standards as well, as this could be a criminal matter as well
Edited by The Spruce goose on Thursday 14th December 19:34
I’m just saying that if they’re unscrupulous enough to take an extra grand with no prior discussion or warning then taking them to court and expecting an easy ride is unlikely.
That is of course if it gets that far!
We always agree everything upfront before taking a car on SOR and everything is written down and signed by both parties. It can go the other way where a dealer sells a car and gets shafted as much as this way!
Hope you get it sorted OP.
That is of course if it gets that far!
We always agree everything upfront before taking a car on SOR and everything is written down and signed by both parties. It can go the other way where a dealer sells a car and gets shafted as much as this way!
Hope you get it sorted OP.
The Spruce goose said:
i would approach trading standards as well, as this could be a criminal matter as well
Just to mention that TS stopped dealing direct with MoPs quite a long time ago. Your approach has to be via Citizens Advice - https://www.tradingstandards.uk/consumers/support-... .CTSI website said:
Trading standards services are delivered by your local authority and consumer concerns should be reported to the Citizens Advice consumer helpline on 03454 04 05 06.
Most local authority trading standards services do not have consumer help lines and can only be contacted by telephone through the consumer helpline above.
Or complete the CA online form - https://ssl.datamotion.com/form.aspx?co=3438&f...Most local authority trading standards services do not have consumer help lines and can only be contacted by telephone through the consumer helpline above.
if it was me I would right a letter up, specify the relevant legislation (get someone to check this) and send they a notice of intention to small claims. The thing is if the situation is as described there can be no valid justification for taking 1k and it is still a significant amount of money.
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