No R32

[illyun]

Last Thursday, I went all the way to the lake district from South Wales - Cardiff - then had to drive home to Ipswich... why?  Because some guy advertised a nice DSG R32 for £25k.  I haggled him down to £24.5 as the recaros had some scratches on the back of them - the car is only 4 weeks old, a 56 plater.  We agreed the sale and I was to produce the money within 3 weeks - 4 weeks max - I gave him a deposit via a building society cheque and then he gave me a signed receipt stating the original number plate of the car - it had a cherished plate on it - his address, the date and the amount I paid. 

He called today saying he has sold the car for £25k cash and wanted to return my deposit.  I don't normally do this but the guy has some nerve not even letting me know before this other person arrived, so I told him I would file a claim as he had a legally binding agreement.  Don't know what I can claim but he wasted around £90 of my petrol, I put 450 miles on my car and spent 7 extra hours in my journey because of him.  I get the feeling that maybe he has just changed his mind and nothing else. Well he won't be doing it to anyone else after I'm done going through the courts. 

[Shrodinger's Cat]

He would appear to be in breach of contract.  If he is then you have various options available to you, one of which is to force him to sell you the car.

[Bazzer]

^^ yeah right, good luck with that - it's just like ebay mate, if the car's gone, it's gone. The best you'll be able to do is get him to send you a cheque for your out- of- pocket- expenses, but not including your time.

I would call him back and say something like 'a deposit means you should remove the car from sale, and you led me to believe that was the case, what would you do in my situation?' and let him answer you. If it's no better from him, tell him you'll speak to CAB and get back to him.

But to take him to court for £90 isn't worth it.....

[The Doc]

nnnnnnnnnnnnooooooooooooooooooooooooooooooooo   

[ReDBull]

Not good, maybe we should start a wall of shame for such people?

[Shrodinger's Cat]

^^ yeah right, good luck with that - it's just like ebay mate, if the car's gone, it's gone. The best you'll be able to do is get him to send you a cheque for your out- of- pocket- expenses, but not including your time.

I would call him back and say something like 'a deposit means you should remove the car from sale, and you led me to believe that was the case, what would you do in my situation?' and let him answer you. If it's no better from him, tell him you'll speak to CAB and get back to him.

But to take him to court for £90 isn't worth it.....

It's not like ebay at all, because the car wasn't up for auction.  Also the seller had agreed to sell to the buyer and a deposit was handed over.  i.e. there was a contract in place, which the seller has now broken.  You have open to you the normal courses of action for breach of contract .  You may ask for damages or to be put in the position you would have been in if the contract had been fulfilled (i.e. force him to sell you the car). 

That said, you'd likely have to approach a solicitor to write the guy a letter and that would probably cost you a few hundred quid.



Clearly the above depends on the exact details of the transaction.

[scotty4]

its shocking!!!!

put it down to experience, it will only eat away at you, its not worth it for £90

[maximk2]

gits like that should b hunted down!

[illyun]

Can't divulge the details, but problem was resolved today and I will be getting an R32 very soon - watch this space for pics

[maximk2]

well thats no fun is it!!!