£290 A MONTH | 2018 RANGE ROVER | DEALER REFUSES TO HONOUR DEAL!!!
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- čas přidán 30. 04. 2024
- In this video I was robbed! Marshall Volvo main dealer backed out of a deal on selling me a cheap 2018 L405 Range Rover Autobiography. They refused to honour the sale price which we agreed, even after I had paid a deposit and signed an order form. This is the on going story on how I was buying a Range Rover for £290 a month with a £3000 deposit.
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they got a better offer !! happened to me in audi derby where id gone there to buy the car and on putting down the deposit they told me that they couldn't sell me the car because they had a person coming in to buy 2 cars and so he got preferential treatment because of that des[ite not having a deposit down on the car. as it turns out, the deal with the other person fell through and the called me back.... i told them where to go !
Sounds likely.
That finance deal is madness.at the end of 4 years you’ve paid almost 17k,but still owe 23k on a car that was priced at 30k.pcp is away of saying you can’t afford this car.
Agree, crazy man maths buying at 10% deposit 😂 and limited to 6000 miles pa too😂.
Agreed. I've never financed a vehicle and I doubt I ever will.
…as a mortgage is a way of saying you cannot afford this home…
@@adriancoppin977 A home is not (usually..) a depreciating asset. A home is less likely to throw up huge unexpected repair bills.
@@adriancoppin977 houses go up in value paying off a depreciating asset is one of the most foolish things you can do to appear more rich work hard and pay for the fucking car
As a senior lawyer, you have a contract - your offer was accepted when they took your 2nd deposit. It’s very clear cut and a very straightforward claim.
You aren’t a very good lawyer then.
Is there a way I can get in contact with you? DM me on Instagram.
@@jimmyjt16he is senior though
@@jimmyjt16
Please explain your reasoning Jimmy?
You have no legal right to the vehicle with no legal claim unfortunately. The contract for that particular vehicle does not get executed until full funds are handed over and you sign the final purchase invoice. A deposit and order form does not constitute a legal contract on that vehicle.
I get it is annoying, but with your knowledge of the trade you must have know prior to viewing it was circa £9k below CAP. Yes the market is weak on RR but not 9k below weak.
The right thing and a business decision do not always align. In this case the dealer has made a huge mistake and it should have been flagged but in the end they are a business and had to make a commercial decision. Not great for customer service though.
Completely understand your frustration. It’s their mistake, they agreed the deal, you paid a deposit, they should honour the deal.
I'd say Marshall did you a massive favour, saved you from financial ruin. If you could only stump up £3k deposit and £290 a month there is no way you should be contemplating purchasing a used RR.
Dacia Sandero...
@@tobymaltby6036 That's more like it!
Geezer is blissfully unaware that the finance company will use his signature as a promissory note, from which they will generate the funds out of thin air, without even lending a penny of their own funds. They will then ask for repayments on the money that HE raised by creating the credit, & then add compound interest on top of that!. He'd have been well & truly shafted had it gone ahead. This fraudulent practice is not limited to just car finance, as all bank loans are based upon the same methodology of raising credit from nothing.
This people talk about being ripped off as "a good deal" 😂 no wonder in this society so people make tons of profit
@@rafaelrafa2765 They're utterly clueless arn't they!
Sounds like they offered the car for the price and you accepted the offer. Ask them to explain on what legal basis they should not pay. Their attitude is disgraceful for a main dealer, and it is good that you expose such disgraceful behaviour.
100%
they have the same right as a customer to pull out of a deal after they have signed a order form, if dealers were on youtube for every customer that pulled out of a deal it would be just dealer videos on, it works both ways, they may have found the car has to much reconditioning costs and they wouldnt want to retail the car as it wouldnt be upto there standards
It’s part of the BCA group,what do you expect,it’s unusual for them to make a mistake on pricing a vehicle,you should have snatched their hand off but you were being a bit greedy.
@@chrisdonnelly7401not the same rights at all if you put down a deposit at the price it’s up for you should only pay that price you saw it at, If we a buyer pulls out a deal guess what happens we lose a deposit so it’s not the same rights at all!!!!
@@thehitman906 they have the right to cancel just as much as the customer does, if the recon bill in the workshop is way more than expected it may be a uneconomical repair for them and it will be traded, but you are owed a explanation and alternative deal offered
Take the emotion out of it, speak to a lawyer, sounds like a simple case of breach of contract on many levels.
Whilst I agree he should keep the emotion out of this, it's not as simple as a breach of contract. If it was that simple, we wouldn't need lawyers or contracts!
The Devil is always in the detail and it depends on what was written in the contract.
@@Locutus Hence - get legal; representation. I'll be able to tell him within a few minutes based on the contract he signed if he has a case representing.
@@jamesbrewer2398 Yes, but don't say it may be a simple case of contract breach, when we have no idea what is in the contract.
With someone like Marshall, I would imagine that they have a very lengthy and detailed sale contract to cover eventualities like this.
I highly doubt anything will be simple about this.
Worked for main dealers over half my working life (Toyota and Bmw) over that time I have learnt you cannot trust them its the car industry. I feel your frustration and good luck with the legal side. Personally I would have just got the money back and put it down to experience. As for the 3 muppets the only person who really matters is the md up in the office who probably pulled the deal.
Who is going to waste their time suing someone for pulling out of a used car deal? Get a grip.
Best solution, go on youtube and let everyone know Volvo Derby don't stand by their sales.
Volvo Derby may feel the force of YT?
I'm surprised they allowed it to go that far, and then pulled out.. 100% agree, I wouldn't be happy either. However, the asking price still would of been a stonking good deal. So another way to look at it, is if the price is really good... don't haggle - get the deal done asap.
My experience (although 25 years ago). I saw a VW Passat at a local Ford main dealer that I was interested in. Went in, had a test drive, said I wanted it and paid a deposit, expecting to pick it up a couple of days later. It transpired that they actually had 2 Passats in stock and although the deal was with the more expensive one, the sales person got his wires mixed and quoted the price for the cheaper one. Because the deal was done and deposit paid, they honoured the deal and price quoted which was outlined on the paperwork I got with the deposit. They said legally that's all they could do. The difference was only £1000 (25 years ago) but even so, they did the right thing. I can see that some dealers might baulk at a £9,000 difference though and might well try to cancel the deal, whether legal or not. Interested to see how you get on. Good luck! By the way, that Passat timing belt went many miles before it needed changed. It was still in it's warranty and they had to put that right, including giving me a loaner for a couple of months. Don't think they'll have made anything on that deal!
Knowing you’re in the trade you obvs knew car price was well below market retail and even below trade in price.
Yes the RR market is not great at the moment but doesn’t mean dealers will be giving them away at almost 10k off even if the price was incorrect by that much.
Read the t&c I’m sure it states they can withdraw from the sale from their side for whatever reason before the car is handed over.
True not a great customer experience. Read the T&C, 100% they can cancel the sale at any point should they choose to do so. Clearly there’re never going to continue on with the sale knowing it’s priced £9k wrong.
If that's how that dealership does business, they're set to lose plenty of customers.
They even gave him an order confirmation (about 09:38) explicitly thanking him for his *purchase.* The price would have been listed for a while before he saw it, so there was plenty of time for them to correct the price before selling it to him.
Being in the trade I 100% agree with you, they should honour the deal especially as the vehicle was sold!!! I hope you pursue this further.....
You was getting a deal but you still wanted it cheaper when you viewed it ,this is Karma .
I’ve listened to this guy , and he’s just another skint hooray . I would imagine he’s a smart ass to deal with , and the dealership got the last laugh . Trying to take Marshall’s to court will cost him more than a six year old Range Rover 😂
The biggest puzzle is why anyone would want a range rover given their reputation for unreliability and insurance problems due to theft.
Find me better looking suv with great interior
I can solve that puzzle for you. 7 years in virtually no issues and insurance has been under £500 per annum until this year's £630. But everyone's premium has rocketed this year.
Because it is not true over all.
@@TheAsylum100 Can only go on my own experience, still drive as good as new nothing is worn inside or out. Tremendous value
@Mysterkoma if you have to use PCP, you can't afford it 😂
Yes completely agree, seek legal advice, to many of these big companies think they can't just treat there customers like crap. Same with bca, push cars on to traders with major known hidden faults ( as its all online) then when you bring it up with them, they completely deny it, and it you refuse to pay, they just end up blocking your account, absolutely disgusting! How alot of these firms operate..
Marshall is part of Bca group
Now then, buddy. Just subscribed. Sounds like you had a right carry on. I know nothing about buying and selling cars.. But just sounds like there is something strange going on. Has someone offered them more money ??? either way, I think something shady’s going on ,,certainly on their part.. I can understand you’re feeling the way you do. Getting all excited to get a lovely car at an amazing price. The price that they agreed on.
Very strange. Anyway, I hope you manage to get sorted and a very interesting story. PS, I think someone needs the sack at the garage. !!! 👍👍😁😁
Thanks for subscribing! Hope you enjoy the series!
sorry to hear about your bad experience, I bought a 2018 Nissan X Trail 1.6 Tekna from Masrshalls of Barnstaple and recieved first class treatment, free delivery, full tank of fuel , spotless condition, very kind delivery driver who we gave a lift back to Penzance train station, so it just goes to show not every dealer can be tarred with the same brush, I would highly reccommend them to anyone
Very well explained -salient points 1/ £99 deposit taken over the phone
2/ additional £401secondary deposit to prep the car for collection---let alone the 3 person negotiation. ( 2 of which are at decision making level). this dealership did already cover the aggressive pricing therefore needs to stand by it with honour and integrity intact
Thanks!
To add to this they also offered a further small price reduction on their aggressively priced car. Any sales professional would look at their cost price understand what their margin on the deal was before moving downwards on price . I come from a sales background I’d have honoured the deal and you know what people have come back to me time and time again because I’m a man of my word.
“The price you see is the price you pay.”
You dealt with three senior people and paid the full deposit.
Can’t wait for the update.
Does not work like that, if it was a bag of sugar in tesco 90p less they would not sell to you either £9k a whole new game, being greedy trying to knock them down was your mistake should have just paid and took the car...
@@MrMalrosewas always going to take a day to clear the finance, my feeling is they priced it at 30k hoping to make up the 10k selling their own finance package and then some.
I had a similar issue with a new BMW 8 series from Sytner BMW. Had to walk away after they tried to up to monthly by ~40%
Coincidentally you are paying £9000 interest on a 4yr deal😅
Wow that is expensive.
I would never buy on lease.
Get a bank loan for half that rate.
Most dealers are charlatans anyway ⚠️
The guy is self employed, the interest will be off set on tax his liability.
@motiveintentionsincerity1925 after tax benefits its still costing him £7200 in interest off his profits (more if higher rate)
But still at least 60% of that will be out of his own pocket.
Great Video
Absolutely frustrating to see such a premium car main dealer changing their poles
U must follow up with higher and keep Sharing the outcome
👍
I will follow and keep you updated !
Hey mate good video, I did think the problem may be you using your own finance as I had that issue a few weeks ago with a company who only wanted me to use their finance to buy the car.
In your situation they should compensate you for a days pay
Travel costs including fuel plus a £500 one off payment cos of the effect the hard search has on your credit
They have totally messed up and instead of being £9,000 out of pocket, they should take £1,000 + to cover everything for you.
so you’re happy and both can move on.
You have 4 options open to you. You can complain the Marshalls head office, naming the the manager involved. You can contact the regulatory body that governs the practice that Marshalls work to. You can contact trading standards regarding the purchase. Or you can contact a solicitor. The first three should help you finalise the purchase. The last will help you with being compensated for not going through with the purchase. Hope this helps.
Really good advice, thank you.
Marshall’s are the same wherever you go. Had a similar dealing with them when buying a BMW. Salesman first. Then a business manager then someone else and it became tiring as they kept walking away and checking this and checking that and leaving me sat for ages. Thing is, I wanted the car. After waiting for 10 minutes on my own as they disappeared for another ‘chat’ I walked out and drove away. Bought a car from another garage. The initial salesman kept ringing me asking why I left!!!!! I have another story about Marshall’s on one of my brand new M4’s but maybe I’ll not mention that here.
Your doing a great job. Just started watching it and can’t stop. Great work. 😊😊😊
Range Rover, dealer did you a favour not selling it to you
LOL - it's very possible it needed 9 grand of repairs at short notice and they bundled that into the price.
The vehicle is a total con, unreliable unreliability unreliable unreliability!😂
@@jonjones6583 it’s just not. The problem is people like you buying them at ten years old and then trying to maintain it for 200 quid a year. However old they are they are still 100 grand plus vehicles and maintenance costs are in line with that.
I can tell you’ve never owned a Range Rover, so therefore why comment on something you know nothing about first hand? It’s always the people in Vauxhall Vectra’s or Renault Clio’s who scream about the unreliability of Land Rover products.
@@andygibson6751 yeah for a few the truth hurts 😂
If you paid the balance of the £500 deposit in person when at the dealership and signed copies of the order form while on site, my view is that should sell you the car or offer a sensible amount of compensation to cancel the deal. One question, did you check CAP Clean, Solera HPI and BCA selling prices for the car before opening discussions about it? If you did, was the car underpriced by the £9K that they said?
If they underpriced the car and you knowingly siezed the opportunity that is fair play, well done. I hope you get the car or adequate compensation They might try to wriggle out of it via a "palpable error" clause somewhere in the order form or some other clause that allows them to renage on a deal
So if you pulled out the deal would they have kept your deposit ?
Im currently in the market to buy a l405 im looking at 2016-2017 reg sdv8 4.4, im also going to buy out right for cash so A no interest to pay, B should be clear cut to do a deal and secure the product. I’ve found insurance isn’t bad and inline with an equivalent x5 but i do live in the north rurally. I would be equally furious and would advise seek legal advice, and make sure you got your signed agreement and relating docs to the agreement. We’re they offering any curtesy warranty and if so im surprised they wouldn’t do the service especially if due soon. I am also speculating if ever the dealer got a better deal or realised there’s something wrong with the car and is wanting to back out of the deal. Im sure if it was the other way around the dealer would keep the deposit and you would be black flagged.
Other people are saying the dealer got a better offer..
..
However you may be right about a fault with the car..
..
Remember the poor repair job on the nearside passenger door?
Maybe the car was accident repaired and thus not a "straight car"
figuratively speaking...
Good idea of getting them to make a video. I travelled 3 hours to view a Discovery that looked nothing like the images off their site and similar to your story , they started adding additional costs as it required a major service + a new LED headlamp ! .
Hi they are in breech of contract so in theory you are in the right and therefore should be compensated accordingly They still don’t have to sell you the car
but the level of compensation could hurt them cost for time off work hours spent travel etc solicitors fees .
This is wild, can you imagine you backed out if paying the monthly after signing up. You'd have debt collectors repossessing your car!
An order form is different to an invoice, perfectly ok to cancel if a deal is not invoiced and finance has not been paid to the dealer. Mistakes are made in the motor trade unfortunately.
Not good enough.
Three people were involved in this deal.
Can't say I believe all three people made. Mistake...
Yes they should've been a little sharper and yes provide a reasonable compensation to retain good customer service, but you ain't no business if you can afford to give 9K in interest, why not a bank loan or pay cash. But the long and short, the car is not sold until the balance is cleared and it mentions that in the terms.
If you’re in the trade then you should have smelt a rat when the car cap clean is about £34k is on a main dealer forecourt for less than that, and before you say their not selling, cap clean is the current auction price, so reflects the current market drop, you should have pinged your debit card down and driven off the forecourt. From a legal perspective it will probably cost you more than the £9k saving off retail. If you’re in the trade buy one at auction for £34k
Spot on
messing around a lot for a car which is 7k under market value.
I Had a something nearly the same to you, with Triumph Motorcycles in Cheltenham, who have now employed car sales reps to sell motorbike, that dont work for starters. they did me a deal then realised they would be loing money on the deal, they called me the day before i was due to collect the bike to tell that, I backed down and went to a different Triumph dealer and got a slightly better PX on my old bike, but with no hassles, and over a year later I have a very good friendship with the rep at Triumph Taunton, and because of my experience a friend of mine also went to Triumph Taunton as well.
I am currently looking for another car, but relly dont know who you can trust now days. The car industry really needs to sort its self out .
I was on your side until you tried to chip them for more money when you knew you were miles ahead. Should have just handed over your debit card, paid and driven off while you were there. No chance they could back out of the deal then.
Yes maybe I should’ve, however in this instance I was keen to buy through finance as it was a good deal with monthly’s.
Also when you’re buying from a reputable main dealer you don’t expect them to back out once a deposit is paid.
@@BuySellCarsTV I agree with you. Yes chip and clean was a little asking more, however , LR are in severe price decline probably about to correct, No way knowing wasn't a deal done
@@BuySellCarsTVSpeaking about the “Right thing todo” If you also did the “Right thing to do” you would have complied with your faith and not indulge in interest based transactions. Interest in your faith is severely prohibited. I guess this is a blessing in disguise that the deal didn’t go ahead.
@@BuySellCarsTV The finance package was adding an extra £10K to the price of the car, how is that a good deal? If you knew the car to be £9K underpriced, the sensible thing would be to have paid in full there and then, forget the finance and driven it away. To buy a used Range Rover on a £40K finance deal aint good business, vehicle be worthless by the time the finance is paid off.
They don’t have to sell you it buddy
This is why I don't like dealing with so called reputable dealerships, you're just a pawn in their game.😡
They just need to learn from this £9000 mistake and honour their agreement😂😂. Really glad to see you’re not letting them get away with it. Please update when you can.
Sounds like they are in breach of contract. You probably won't get the car but you should certainly hold out to get a much more substantial offer of damages , which will include all your legal costs.
Basic contract law. Offer ✔️ acceptance ✔️ awareness ✔️consideration ✔️ capacity ✔️legality✔️.
Only complicated by the fact that they MAY argue a Unilateral Mistake but they would need to prove that you should be able to tell the price was a mistake. As a trader yourself that could be valid BUT you could argue that with 3 members of the team involved that due diligence was provided on their part.
Just my 2p worth.
Worked for a main dealer for many years and have seen this happen before don't waste money on legal advice both customer and dealer have the right to cancel the deal before completion and handover...
Interesting, then why sign a contract of some form, if in reality it means nothing?
@@BuySellCarsTV it’s just a contract of intent and will not be full contact until handover and full payment received. As all car dealers say, it’s not a sale until the money is in the bank..
@@jontheodore8450 appreciate the response!
What does the contract say?
@@jontheodore8450 You might be right but IF so then it will be clearly stated in the contract or another document referred to in the contract (e.g. standard terms and conditions of sale). They can't make up the rules, you have to be made aware of what you are agreeing to in some form or another.
Contact Volvo UK on this issue as the used car brand Selekt is key to Volvo franchise dealership with your order number and explanation etc etc.
They should respond within3-5 working days. Inform the dealership that you will be contact in the Car retail Ombudsman Service who will intern contact you. Hope this helps Marshalls group should be taken of the Volvo franchise list.
A contract verbal or wriiten is lawful bindinding.
Good Luck Bob
Basically do this.
I'm totally with you. Marshals have cocked up big time here. Absolutely seek legal advice. They are out of order with this. As you say, they should deffinatly honor your order. Good luck. Look fwd immensely to the outcome of this.
I would think the sales agreement constitutse a contracct after they agreed to the sale ?
Take it to trading standards.
Any advertisement that states a price etc and is accepted plus all the emails and correspondence you have had has to be honoured.
I had similar in a store for some furniture when it was advertised and priced incorrectly, I agreed the purchase but the manager tried to change it
I argued with him and purchased at the price shown,later that day I went back to the store and saw it was priced at £600 more.
Last year my brother bought an approved used, two year old top spec Range Rover plug-in hybrid from a Land Rover dealer with a 12 month warranty for around 50K. After a couple of months a problem developed with the brakes. The dealer had it in and said the front brake calipers were binding and needed replacing at a cost of around £3500 but, that they weren't covered under the warranty. His battle is ongoing. I wouldn't touch any Land Rover with a barge pole.
Giving a cosmetic presentation on a car in the rain that he hasnt previously examined 😂 these salesmen are hilarious
It seems bonkers how they now seem to think it was under valued,how can they all miss this.
I think when supermarkets have priced things incorrectly they give it to the customer at the lower price, but packet of tomatoes vs £9k loss on a car is a world of difference. Personally I do not think you will get the car, much better of getting a decent reimbursement an go for that legally or discuss directly with the general manager. Years ago I was buying a year old bmw and the mileage was very low at 3k and I thought was a typing error as the car was cheap. But that deal went through for me. Anyway good luck and provide a updated video
You do not have an automatic “cooling off period” to change your mind, unless the contract says so (which it rarely will). How can you end a contract? Most contracts will allow you to end them by giving the other side notice to terminate. Read the contract carefully to see if you can do this, how, and when.
What it really comes down to is what was in your contract of sale. There should be a clause in there saying when the transaction is considered final. That could be when you pay the full deposit, or could be when you have been given the keys.
I don't believe them. Surely they have a spreadsheet / card that they look at during a negotiation, so that they know what they are into the car for, and what they need from the deal. They even said there wasn't much room to discount much etc, due to the price, so they did seem to know how much they had in it.
Exactly what I said to them initially!
The fact the salesman said we've priced the RR "aggressively" suggests a big discount..
..
I do find it strange three salespeople were involved in this deal..
..
Perhaps they were all after a slice of the sales commission?
This happened to me many years ago. Two very similar cars but one was a GT both on at same price. They admitted during the purchase they had made a mistake that cost them £4000. The top man in the dealership came down in his very expensive suit, talked to me for a moment, shook my hand and told the sales guy to go ahead with the lower price.
You done well!
I used to work for Marshall Motor Group about 8 years ago and it was owned by the Marshall Family but run by Dash Gupta who wasn't the nicest CEO I've met.
Stopped being a family owned business and became a profit at all cost company that wasn't great to work for.( my experience)
Range Rovers are dropping in value so fast and are not even built well so you have probably had a lucky to escape.
Have just purchased a 2 year old Mercedes. Before buying this car three separate main dealerships all pulled out of deals I was attempting to arrange simply because I was not using their finance packages they offered and paying from my own bank account. They wanted the finance packages taken out. Two stated the cars had been withdrawn from sale and the other was sold on a walk in to the showroom while I was on the telephone. Al three cars however were never removed from the website adverts.
You have when you got the confirmation regarding the sale that is a legal document that you have agreed to buy and the price, the only thing that needs checking is the 7-14days cool off period is it for both customer and seller? That could be what could potentislly be the reason they can cancel the sale. But on the other side they should pay you back the deposite plus expenses which you will have to provide evidence ie a wage slip to show your day rate the fuel or mileage from your home to the dealer and it will be at the rate of 40p/mile
Marshall Skoda Leicester did the same to me. I paid the deposit by BACS transfer. The car was in stock and I arranged to pick it up the next week. By the time I got home the salesman was on the phone making excuses as to why the deal was off. The money was transferred back to me within a few days but the experience put me off Marshalls forever.
Good review 👍
Hmm difficult one, I’m not sure how you will get on with this, it’s just an invitation to buy once you paid the deposit and signed, the deal isn’t closed until its paid for in full. Had a similar situation with my new 2023 Range Rover, paid a large deposit on launch day, had to wait 9 months before delivery. One month before delivery JLR raise the price by 6k, I’ve already paid my deposit, signed the contract, car cost 115k. Nothing I can do, there’s a waiting list as long as your arm, I’ve got one of the very first new ones, I just had to swallow it. Took legal advice and it turns out the dealer can do as they wish at anytime, there’s nothing you can do. I wasn’t loosing my car that I’d specified up, do I regret it…….definitely not. 4th New Rangie in a row and boy is this one good!
I knew a guy who bought a vw California. Then he got a call to say he couldnt have it as it had previously sold. He had paid a deposit & by digning the paperwork they had entered onto a contract. To cut a long story short, they had to order him a new one for the price of a 2 year old model. To be fare there wasnt much price difference due to the wait sround fir the new ones.
A quick check online, looks like the price was about right ?
Issue is that the sales manager, sales exec and general manager will not have put it on the system. The admin team will have priced incorrectly on system and so all profit numbers were run on wrong number in system. They will only have noticed the price when the admin team were pulling the deal pack with original part ex and confirming numbers with the accounting team. So can’t blame the 3 as they would literally have no way to know because the system was wrong due to an admin error.
It’s an issue that arise from a large operation. Other side it’s non franchise for them so it isn’t a main dealer. It’s a deal built on third party product and none main dealer warranty. The prep will be no different than buying from Arnold Clark as the prep standard will be the same as any car superstore at that point because the standard is not set by the manufacturer.
You need to think why a franchise with a Land Rover dealer isn’t restating car at the Land Rover site. Normally it’s because the car isn’t up to standard or it’s to expensive to prep to the main dealer standard and so is sold as none franchise.
Saying all that I suspect you will be protected by contract law. There was a clear offer and you have accepted those terms by paying a deposit with both yourself and dealer signing the invoice and order form. But there is also case law where a product has clearly been advertised at the wrong price in error. So you will need to prove they intended to list at price you agreed to buy for.
This happened to me 33 years ago, I had a signed contract for a New unregistered Suzuki Vitara, from the local Dealer, with a paid deposit. I took legal advise & was told the contact was valid, & it shouldn’t be a problem in the Courts. I decided not to go as our daughter were at the same school in the same class, I went and purchased a new Chrysler Jeep, & ended our relationship.
At what time is the contract agreed? You negotiated, price agreed and "contract" signed... But what do I know?
Legal term to be aware of is "Offer to treat" The sale price is asking for you to make an offer and for the seller to make a counter offer. The dealer is under no obligation to accept your offer. The bit that gets grey is where they seem to have accepted your offer via deposit but ill guess there are T&Cs in that deposit that it doesn't guarantee acceptance.
Same thing happened to a friend. He did end up getting the car. He only had to threaten them with legal action.
If the vehicle's being financed through PCP it'll be the property of the lender I think. In which case, can the finance company take up the dispute?
PCP on the finance? Just a lease?
They will be legally obliged to sell. A contract begins with an offer, the offer is accepted and there is consideration (money or something of monetary value) hence a deposit that is where it becomes legally binding. The offer comes from the customer to buy, not from the seller offering to sell. So for example the car being advertised for £30900 is not an offer to sell merely an ‘invitation to treat’ the customer has offered to buy (stage I) the seller has agreed (stage II) - the £99 may not be a deposit ( it is referred to in the video as a reservation fee which is refundable - there maybe small print which says this is not a deposit against purchase) but if a further deposit (I think I heard a figure of £500 mentioned) then that is almost certainly a deposit which seals the deal literally that is the point where the contract becomes legally binding, if that is the case it is nailed on! I’ll look forward to the outcome
Will update on Sunday!
But there's a finance company who actually owns the car
So if you had gone into the dealer and paid the 30k upfront and took the car, would they have come knocking at your door asking for another 9k? no they wouldn't have, it would be marked down as a f*** up on their part and someone would have been dragged over the coals for not noticing the price error. they know they don't have a leg to stand on as you have left a deposit on the car and they have sent confirmation to you, which is in itself verification that you have entered a contract to buy the car. Don't back down however long it takes as you are 100% in the right.
If you had decided to pull out of the deal before paying the final invoice, you would have lost your £500, but have been able to walk away despite having a contract of intent. So why should the seller be unable to walk away without completing the sale as long as they return your deposit?
Once the contract is made both sides are bound by the terms of that contract they have agreed upon. In a contract for sale the legal starting point is that once the contract is made the seller is bound to sell and the buyer is bound to buy.
If one party is allowed simply “to walk away” from the contract it’s because the other party in effect permits that.
In commercial contracts often in allowing the buyer to walk away from the contract, the seller is willing to go above and beyond what is strictly required by the law on the basis of good customer relationships.
An obvious example is M&S allowing a customer to return an item of clothing bought in the store and receive a full refund simply because the customer later decides that he/she does not like the colour of the item (although there is actually nothing wrong with the item). There is no legal obligation on M&S to do this (although many wrongly believe that because M&S do it, there must be a similar legal obligation on all sellers).
This is why, for example, Distance Selling Regulations (ie the right to return) had to be brought in to protect private buyers when buying from a business seller at arm’s length (for example, over the internet) when the buyer had no opportunity to inspect the item before the contract to purchase was made.
The other point is that a party to a contract is legally required to mitigate his loss. With something like a normal car, if a buyer reneges on a purchase, then on suing the buyer it would be difficult for the dealer to establish a loss when it would always be arguable that the dealer could sell at the same price to another buyer (and therefore in fact has no loss). Hence, the forfeit of deposit provision in the agreed terms of the contract.
Sellers and buyers breach the terms of their contracts all the time. Innocent parties do have rights under the contract entered into, but having to establish those rights in a court of law is expensive, time consuming, and emotionally draining.
I think they’ll win if their paperwork says ‘order form’ rather than ‘invoice’ because legally an order can be altered/cancelled. Whereas an invoice is pretty concrete.
Also, Marshall have had some questionable stuff showing up when you run a vCheck 🤣
Never use the phone. Get it all in email. Once you've paid your deposit it is a case for trading standards authority. You would have a written agreement. Even with an email.
Regardless of the pricing issue, which finance company would agree a 4 year PCP on those figures with a £23000/75% guaranteed future value/deferred balloon payment after 4 years - really ?
Great for me, If I were to hand the car back after 4 years and it’s worth less than 23k.
Still it would cost you £17000 for four years of ‘ownership’ (£350 per month and restricted usage). Buy a £17000 car and use it all you like and in four years it’ll be worth £10000.
@@primafacie6442 This was my issue with it.
In December 2022 I bought a 2017 BMW 3 series 335D X Drive M Sport Saloon with 59,000 on it. Cheapest one in the country priced at £17,300. I got a 3 year warranty included for a total of £18,600.
The bank loan with the interest works out at around £3k. There is no mileage restriction.... the idea of getting a car on PCP, spending £290 a month for 4 YEARS and still having to pay just over £23k to own it, on a car that's only worth £30k (allegedly, before the price "mistake") is absurd to me. My monthly payments on my bank loan are only £360 or so and after 5 years I'll own it outright, and could probably still get £7k or so for it.
What does your contract with them say?
Absolutely seek legal advice and then hold their feet to the fire. You have a deal, an agreement and you’ve paid a deposit. Marshalls sound like they are trying it on. In short (again verify with you legal rep) when you (customer) hands over a deposit they (dealer) have made a legally binding contract. It doesn't matter whether there is a written agreement or not, and you don't need to have signed anything for the law to take hold. Marshalls have made a mistake and now they are trying to reverse it illegally. I would also look at adding an additional suit seeking compensation if it goes further and/or to court!
In Germany if a company miss-prices something they are obliged to sell it as marked. Its happened to me. But in the UK, that isn't the case. When they realise the error they can, and usually do, pull out of the deal. Until you are in possession of the goods and paid the full price, you don't have them whatever part-payment you have made.
I was in a similar position, middle of lock down, nothing was selling, and BMW was giving away nice spec low milage 18 month old 5 touring for under 30k. Found the cheapest, got it delivered from Scotland to Surrey, and got a good deal on part ex. Looked at video and just remotely agreed and signed the deal in one day. Some times you just go for it and don't mess around when a deal is too good. I wouldn't bother messing around with legal route, they will probably win and you will be down on legal fees plus their costs. Learn from this and move on, don't let it get to you. They say it was priced wrong, which is a good legal argument, as others have said, paid cash and driven off would have been your best option. The deals is gone now.
I'm no legal expert, but I would expect the dealer would have to honour the agreed deal. Full deposit paid, with a hand shake is deal done as far as I can see. Shame on the dealership. Good luck.
Had an issue with this exact dealership, sold me a Golf R, and turns out the haldex system was faulty!
I explained to them the rear wheels are not engaging which renders the car a 310hp GTI 😭 they didnt bother & the finance company saved the day & paid VW to diagnose & reset the haldex system! It wasnt a big cost & it was a shame marshalls didnt accept that maybe it was something they missed…
If you think you can hold a gun to someone's head when all you've done is placed a deposit rather than settled the contract, then think again. A deposit only holds the car in your name.
Your 1st mistake is you're talking about buying a car. You're not, it's your finance company who's buying the car. Your 2nd mistake is not understanding the law. Everyone can make a mistake, however if the dealer has made a mistake that would result in them suffering financial loss, they are perfectly within their right to pull out. Not only did they refund your monies which you were obviously entitled to, they paid your fuel expenses, which legally they are not. Third mistake. A deposit only holds a car, you haven't bought it until monies have been changed.
How did 3 sales staff not notice the issue? Easy... they weren't the ones who priced the car. A salesperson job is to sell what's in front of them, for all they know £30500 was the price of the car. It's very likely that only when the accounts dept got involved ( i.e. how much they paid for the car ) that the error would have been picked up.
I've been in a similar situation myself. Went to buy a del miles Golf GT, wanted a blue one but noticed a silver one was £2000 less. I couldn't see any difference in the cars, just the silver one was £2000 less than other metallic colours. Did the same as you, placed a deposit on that car, the difference being when they said when would you like to collect it, I said a.s.a.p. They said they could have it ready by tomorrow, I said fine - fully expecting a call to say there was a mistake. I did receive that call, a few hours before I set off to collect it. The difference was I knew that car would have been taxed and everything would have been set in place for transfer of ownership. I then started negotiating and we agreed on a 50/50 split - I got a del miles Golf for £1000 less than I'd expected to pay so was more than happy.
So yeh, take all the legal advice you want. If that legal advice says you have a case and the garage say take us to court, what are you going to do? You could end up spending ££££'s taking someone to court without any guarantee you'll win. You're not going to do that so why waste your time?
Contact Trading Standards in the dealer’s area. It won’t cost you anything.
Marshalls are owned by BCA, that should tell you what you need to know., I have actually been to this dealership a year or two ago, to collect a brand new Volvo, There were 8 brand new cars to be delivered this particular morning, not 1 was actually ready to go. .
And I believe BCA owns WeBuyAnycar ??
I think in the UK retailers, I assume this includes car sellers, have a right to refuse sale until delivery. I don't know how the deposit works but I think them returning it and the gesture of good will on costs will go in there favour.
Its terrible customer service, I under price jobs and chose to take the loss on the chin to maintain customer service and repeat business.
You can look up the prices on total car check
Agree with everyone here, you must share your evidence (contract, email exchanges, etc.) with a solicitor and take them to court, speak to a solicitors' firm that wish to leverage the publicity from this channel. We are all looking forward on how this story plans out. Wish you luck
Thank you, will keep you all updated!
Also there will be a time period for payment in full. Dont let it expire.
its just they got offered better price and now backtracking
Would be a right twist if they have a chance to sell it even though he's asked them not to!...
Details checked, vehicle checked, deposit paid (and accepted), receipt provided. Consideration and certainty executed. Contract breached by the garage (an excuse that they have ‘underpriced - no relevance’) - make your legal claim (including ALL of your associated costs). Dealership does not have a legal leg to stand on. As a dealership, you win some/lose some. On this occasion, they lost because of their continuing negligence. DO Not back down...!
If you've already sorted your own finance out beforehand, why not just pay the initially agreed price and drive away immediately especially if you feel certain that price is already a bargain? There are so many cars available just about anywhere to suit every budget, it seems a bit pointless get into further pre-sale intricacies which allow time for dodgy sales tactics. Everyone knows how big dealers can play around once they have the customer in the showroom.
Too good to be true then it is! You wanted a bargain that the dealer miss priced, nobody should be expected to honour a 9k price mistake whether you or we like it or not, Its obviously a genuine pricing mistake that was a quarter of the total price not a Grand or so!
Mistakes do happen this in life. But you do have the right to sue them.
a very interesting story, considering when negotiating, they knew it was well priced. Honestly wish you just paid for it outright and walked away with the keys in the moment. Just wondering, how do you justify the finance deal being good considering overall, you will be paying 23% more for the car. Unless you've got money in stocks and are returning more than the finance APR?
Agree that’s why i no longer buy with finance i save up instead. I think it’s mad to pay 30k then pay an extra 10-15k+. But with that said finance can work for some and others can be there only credible solutions. But i do believe if possible save instead and resist getting into a financial spiral.
That finance cost blew my mind, why I only buy outright after saving. Fudge paying thousands and thousands more
I've got some advice for this geezer... in that he had a lucky escape in not getting it, as JLR are a pile of shite. My friend is an AA man, & he said they get called out to more JLR than anything else, the things are an electronic failure nightmare. He said it's got so bad that they are not even allowed to touch them now, only to recover them to a garage.
I had an uncle who bought a new large tractor , done the deal , then Massey Fergusson realised they had given him the deal at 2wd price but the tractor was 4wd several thousand pounds different price but he stuck to his guns and they honored the original deal
I went to Marshals with my Range Rover it had a gearbox problem and had a bill for £17827.61 to have it fixed when a new gearbox costs £12.000 fitted they put a new mechatronil unit in it at a cost of £4384.00 that never worked so i was just robed blind by them i will never go near Marshals again i have asked for the Mechatronil unit as i have paid for it and its mine but i don't think they even put one in as they will not give me it
Given WBAC would offer £29,750 for the car right now, you knew it had been mispriced as no dealer would make £1k margin on a RR.
You are in the trade, you knew.
The lesson here is if you had been able to pay in full on the day, the car would have been yours.
Even at £30.000 and a 3 grand deposit £290 a month would be £3.5k a year! how long was the deal for 10 years? and what about interest? Sounds like they messed up badly here, they should compensate you much more than a tank of fuel.