Think I'm gonna need legal help against a car dealer!

[666]

Sorry for the delay in getting back to you guys, and thanks to Paolo for filling the gap. Bloody Talktalk have a lot to answer for!!!

As Paul rightly said, they took the part ex off me back in May so they could still honour the part ex value that they'd offered me on the previous car I ordered, that they subsequently sold from under me!!!!! Anyway, thats a different moan. I handed over the part ex and there was no mention of a lesser value + a discount for the S3. It was/is all written as Part ex. Seems pretty cut and dry to me but they are trying to say that it was divided up into part ex + discount. The part ex value they're offering is less than todays book for it, and was considerably less than book in May. There's no way I would've shook his hand to that deal, not with my luck!!!

I've sent them an email listing their options to settle this matter (one of hich is to return my part ex, thanks Robin!!!) and am still awaiting their response. I'm off to Chicago for a few days now so I'll give them until I get back then it's war!!!

I've had the worst year ever when it comes to cars. Fingers crossed that next year I can get rid of my money with more success!!

Thanks again for everyones input. I'll let you know any developments (and if I need that lawyer!!)

[666]

A Latest update, for those that are interested.

I got a letter this morning, complete with an UNSIGNED cheque for the amount they think they should be giving me ie, £1500 less than agreed. The best bit is that in the covering letter the 'Head of Business' says;

'We are both in agreement that the Part Exchange value given against the purchase of the new S3 was to be £xxxx' (my figure.or theirs +£1500)

Surely they've just dug a hole for themselves by agreeing with me, haven't they?

Seeing a solicitor next week (who I hope has balls or I'll be on the hunt again for another!!!) so hopefully they'll sort it all out.

Car dealers really do deserve the reputation they have. I wonder if an honest car dealer would go bust or make fortune?????????

[robin]

Assuming they cannot give you back your car (I'm guessing it's been auctioned/crushed by now ) then you may ask them to supply you with a similar replacement, or the cash to buy a similar replacement - they can probably source one cheaper than you, though, so it's probably more efficient for them to buy you one.

You know as well as they do, that the money they took off the S3 was in part the value of your p/x and in part a discount off a new sale, no matter how it's worded. If they're not getting the new sale, they won't have the revenue to fund the discount. Now that's their mistake - they should never have taken your car off you in p/x prior to the deal being done, and they should have written it up as p/x+discount not just p/x. If you hold out for the full "p/x" value in cash, I think you're being unrealistic and probably a tad disingenuous.

Don't get me wrong - you shouldn't lose out - but I don't think it's worth trying to get more back than the cost of replacing the ex-car, if that makes sense?

Cheers,
Robin

[David]

I’d have to agree with Robin. Past business has put me in court too many times and my experience would be that a court would look at this and say the agreement had failed and therefore could not be used in part. It would look to compensate you for your real losses – in this case the true market value of your car.

. . . . . on the other hand, the cost of a day in court may make them up there offer.

Good luck

[666]

Good news on the refund front!!! After a couple of letters from a solicitor, and the threat of interest charges + taxi's since September + compensation, finally made them see sense (with dvice from their solicitor given the paperwork I had etc.) and they have offered me a full and final refund of ALL the money I'm owed!!!


Just goes to show, it's worth persuing what is rightly yours!!!

Needless to say I won't be gracing the forecourt of any Scottish Audi dealers again.

Just hope this year is a better year for me for cars, after the Europa disaster and then this farce.

It's definatley Lotus time again though. I can't wait!

Thanks for everyones help and advice with this, esp Paolo, who's had to listen to more than his fair share of my whining.