Urgent advice needed!!!!!!!!!

[pitman4u]

the receipt says i have paid the full amount of £13400. but my credit card bill shows i have paid £11900 + £500 i paid cash  =  £12400

[neo66]

Isn't the receipt proof of purchase!? there cock up!, Hold out as long as possible, these big companies would!!!

[corgi]

"it doesnt state on any of the receipts the agreed price. i have two receipts - one for the £500 deposit i paid in cash and the other saying ive paid £12900, its also written in words. = total £13400. however on checking my visa receipts they have only charged £11900 to it."

So in spite of what you say it does. You were expecting to pay £13,400 and have only paid £12,400 - I know the card receipts will say what was put through too...

It could be argued that your legal position is pretty unsound. You agreed a price and know (now) that you have underpaid. It could be argued that what you are considering constitutes theft under the Theft Act, 1968: a person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

If you haven't got the money then that is a different matter... I'm sure that the dealership will come to an arrangement with you as they have made a mistake

[pitman4u]

hmm i think theft is goin a bit far. vw a made a cock up and i have been undercharged. of which i no longer have the funds to pay it back after over 5 weeks of purchasing the car!!! i mite make them an offer of £2.50 a week

[ifti]

corgi has a good point - I dont think he's taking it too far at all TBH.
At the end of they day, you agreed to purchase a car for £13,400. That was all fully agreed by both parties.
Your receipts indicate you have paid £12,400.
If you even took this to court, do you really expect them to say its VW's fault and waive the last £1000??
At the end of the day its money outstanding, and it will need to be paid.

What I would do is state that its their mistake and that you want interest free finance or somet to pay the remaining balance back since you no longer have the funds. They are not obliged to do this, but may consider it out of goodwill. If not, you'll have to pay the £1000 up front.

The previous company i worked for had some employee's leave. The company continued to pay them for 6 months after they had left!! Obviously these leavers just pocketed the money and kept quiet. Nevertheless, when the error was highlighted at the end of financial year, the leavers still had to pay back every penny - even though they paid back small amounts over a longer period of time - fact is it was not their money so they had to pay it back.

Same here - that last £1000 is not your money, whether VW claimed it after 5 weeks or 5 months. You could take it to court, but I pretty much guarantee you wouldnt win any case.

Sorry mate, I dont mean to put a dampner on things and it would be great if you could pocket it, but it just wont happen.

[stealthwolf]

You've been made aware that you underpaid. You still owe them the money but you should be able to reach an agreement in your favour eg £20 over 52 weeks or something like that, so you pay the money but not all at once. They should be understanding.

[hotrod]

It’s very simple, you should pay. You know you’ve underpaid, they know you’ve underpaid, the courts would not be in your favour. Why go through all the hassle (& expense) of solicitors and the courts. Also you’ll lose all the goodwill from your dealer.

Why not nip in there and see the dealer principle, explain that it’s their f*ck up, pay the remainder and hope they offer you a free future service for the mess-up.

IMO 

[wellzee]

Funnily enough, I was speaking about something very similar to this to my friend who is in the police just a few days ago. Legally, as you know you have underpaid them and they have now requested the money, if you choose not to pay them they could take you to court on theft grounds and really u wouldnt have a leg to stand on. Believe it or not this also works the same with restaurant bills - if a restaurant has undercharged you and you realise this, then legally you should inform the restaurant and pay the amount owed. However, in that instance proving you knew would be almost impossible. Unfortunately, as you had already agreed a price and paid a deposit towards it, then this can't be applied and im afraid you're going to have to pay. But, like others have said this is their mistake, and i'm sure you will be able to come to some form of agreement with the dealership. All the best!

[No Golf Clubs at all]

Mate, just pay it, borrow it from somewhere...its not worth the hassle, ccj's etc all will impact on your credit rating for years....just get on with it and pay. Youll sleep better at night.

[corgi]

hmm i think theft is goin a bit far. vw a made a cock up and i have been undercharged. of which i no longer have the funds to pay it back after over 5 weeks of purchasing the car!!! i mite make them an offer of £2.50 a week

Read the Theft Act 1968... you'll find that I'm not.

You agreed a price, that is a contract and is binding under law. I'm very surprised that you didn't realise you'd been underchgarged by £1000 when the transaction took place and you received your credit card receipt but in any case you have taken ownership of £1000 that you admit doesn't belong to you.

The Act states: Any assumption by a person of the rights of an owner amounts to an appropriation, and this includes, where he has come by the property (innocently or not) without stealing it, any later assumption of a right to it by keeping or dealing with it as owner. In other words, it doesn't matter how you came across the property (money in this case) that (you freely admit is not yours) you are assuming ownership of and whether you came across it as an innocent mistake, the fact is that the law views the money as not belonging to you and therefore if they reported you for theft you'd be on a very stciky wicket.

The example above regarding being paid sums of money when you are no longer entitled is relevant...

You asked for some advice, I don't care whether you take it or not, but when you are offered good advice have the good grace to consider it or in future it may not be forthcoming...

Just to re-iterate: Come to an arrangement with the dealership to pay them the money, otherwise, I can see them taking you to court and winning...