Garage double sold car

kevykat

Distinguished Member
looking for some advice.

Bought a new car for my partner who's 6 months pregnant and also looking after an 9 month old.
Bought a car from a well known large dealer. Deposit paid on Friday and final balance of £8.5k on Monday.
Told Tuesday it was on the transporter heading up to our local garage.
Call local garage on Wednesday for update on handover and was told they would call back.

Received a call from the garage down the road saying they had double sold the car and its now with its new owner who also lived up my neck of the woods.

We have already sold my partners car, paid the insurance fees for making changes and the extra premiums, put plate in retention etc. So basically left my heavily pregnant partner car less and out of pocket for no reason now.

How should I deal with this? Just my money back is unacceptable.
The sales manager said he was contacting his buyer to find the same car, fingers crossed, but if he can't then what should I be looking at as breaking contract in such a way should never happen, and neither should we be out of pocket.
 

RBZ5416

Distinguished Member
If you're happy to let them look for a replacement vehicle then I'd ask for a fully insured courtesy car while they look. That should focus their efforts.
 

paulyoung666

Distinguished Member
I would be talking to the dealer principal , not just a salesman , I accept mistakes are made but you shouldn’t be inconvenienced or out of pocket for them .....
 

Cocksure

Well-known Member
looking for some advice.

Bought a new car for my partner who's 6 months pregnant and also looking after an 9 month old.
Bought a car from a well known large dealer. Deposit paid on Friday and final balance of £8.5k on Monday.
Told Tuesday it was on the transporter heading up to our local garage.
Call local garage on Wednesday for update on handover and was told they would call back.

Received a call from the garage down the road saying they had double sold the car and its now with its new owner who also lived up my neck of the woods.

We have already sold my partners car, paid the insurance fees for making changes and the extra premiums, put plate in retention etc. So basically left my heavily pregnant partner car less and out of pocket for no reason now.

How should I deal with this? Just my money back is unacceptable.
The sales manager said he was contacting his buyer to find the same car, fingers crossed, but if he can't then what should I be looking at as breaking contract in such a way should never happen, and neither should we be out of pocket.
Have you anything in writing from the garage, a contract, agreement etc? Its also depends on how far you want to take it.

On the surface though you are looking at breach of contract by the garage, breach of the sale and goods act, breach of the garage code of practice regulatory body rules/laws, quite a few breaches in short.

However like everything you need to check the fine print to see what it says in the agreement. Equally accidents do happen and this is allowed for in law, providing they find you an identical car or offer your money back then they are probably ok.

Where there not OK is the impact that it has had on you, but that is Tort law that you would need to bring at your own expense etc.
 

kevykat

Distinguished Member
Have you anything in writing from the garage, a contract, agreement etc? Its also depends on how far you want to take it.

On the surface though you are looking at breach of contract by the garage, breach of the sale and goods act, breach of the garage code of practice regulatory body rules/laws, quite a few breaches in short.

However like everything you need to check the fine print to see what it says in the agreement. Equally accidents do happen and this is allowed for in law, providing they find you an identical car or offer your money back then they are probably ok.

Where there not OK is the impact that it has had on you, but that is Tort law that you would need to bring at your own expense etc.
I have a copy of the order form signed by the salesman along with a copy of these conditions of sale.

I don't want to be left inconvenienced or out of pocket. If they can get be an identical car we will be happy, even if they chucked in an extended warranty for this massive inconvenience. If they can't supply me a car then obviously I want a full refund plus monies owed that we have spent so far plus a good will gesture.
She was on about going to the papers if we are left in the lurch. "Heavily pregnant woman with 9 month old son left car less as garage double sells car" wouldn't be a good headline 🤣. I dont want to go to that bother but can't stop the other half.
 

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Cocksure

Well-known Member
As expected :( , last screenshot, clause 10.2 on especially 10.4

Threatening to take it to the papers etc is a good route as like you say pregnant woman etc, likewise reporting/threatening to contact the dealership manufacture will also carry weight that they will wish to avoid and make them very friendly if you stress it will be the EU headquarters, ie Ford of Europe, VW of Europe etc. UK headquarters as a general rule don't overly care imo.
 

kevykat

Distinguished Member
Not received a call but the garage has just sent the money back into my account. Not happy with how this has been dealt with.
 

Scottgough

Standard Member
I have a copy of the order form signed by the salesman along with a copy of these conditions of sale.

I don't want to be left inconvenienced or out of pocket. If they can get be an identical car we will be happy, even if they chucked in an extended warranty for this massive inconvenience. If they can't supply me a car then obviously I want a full refund plus monies owed that we have spent so far plus a good will gesture.
A tough one to be honest. In the UK in general there's not a huge amount of legal interest if you're not directly out of pocket. The Motoring Ombudsman will have no interest as there's not been a car sale.

Your most effective route will be to write to the General Manager of the dealership, copying in the Franchise Director and the Manufacturers customer service department, hopefully there'll be enough embarrassment n the chain for something to be done.
 

nheather

Distinguished Member
You need to think what you want and ask for it. That could be
  • Find me an alternative car that I am happy with
  • Give me a good discount as way of compensation
  • Provide a courtesy car to cover the gap
At the end if the day, I don’t think the dealer is obliged to do anything other than to promptly return your money. Obviously there is there reputation though which is what you want to work on if you want more.

Cheers,

Nigel
 

Adrian E

Active Member
It's a pretty common problem, and unfortunately a pretty common outcome. At least they've not held on to your money for weeks.

What car were you buying and was it from a main dealer?
 

kevykat

Distinguished Member
It's a pretty common problem, and unfortunately a pretty common outcome. At least they've not held on to your money for weeks.

What car were you buying and was it from a main dealer?
It was a Meriva from Peter Vardy Motherwell
 

DPinBucks

Distinguished Member
I have a copy of the order form signed by the salesman along with a copy of these conditions of sale.

I don't want to be left inconvenienced or out of pocket. If they can get be an identical car we will be happy, even if they chucked in an extended warranty for this massive inconvenience. If they can't supply me a car then obviously I want a full refund plus monies owed that we have spent so far plus a good will gesture.
She was on about going to the papers if we are left in the lurch. "Heavily pregnant woman with 9 month old son left car less as garage double sells car" wouldn't be a good headline 🤣. I dont want to go to that bother but can't stop the other half.
Probably a bit academic now, I guess, but Paragraph 6.1 implies that the car becomes yours when the payment is cleared. If you can show that your funds cleared first, then legally it is still yours.

Also, Section 10 does not exclude them from consumer law liability. You need to claim from them all losses you've incurred, and go to the Scottish equivalent of the Small Claims Court if necessary.
 

Scottgough

Standard Member
Probably a bit academic now, I guess, but Paragraph 6.1 implies that the car becomes yours when the payment is cleared. If you can show that your funds cleared first, then legally it is still yours.

Also, Section 10 does not exclude them from consumer law liability. You need to claim from them all losses you've incurred, and go to the Scottish equivalent of the Small Claims Court if necessary.
I can guarantee that the redress available in relation to Para 6.1 will only extend to the refund of any monies paid which they've already done. The same as Sect 10, consumer law won't apply because the contract has been cancelled and you're not a consumer.
Trust me as a Head of Business of a car dealership, your best opportunity here is to try a bit of shaming, write to the General Manager copying in his boss, the Franchise Director and ultimately his boss the Manufacturer. I can assure you no one likes the manufacturer or Franchise Director on their back.
 

Adrian E

Active Member
Agree with @Scottgough that there's not much apart from his suggestion as a way to get something out of it. Unless there's something stellar about the spec/price/mileage about the specific car you found, just pick another one off the websites.

A letter might get you something like a service, or them going the extra mile to find you a similar car, but they won't entertain loaning you a car. Only really worth progressing if the dealer is local to you and you intend using them for servicing. If they're miles away, just chalk it up to experience and don't darken their door/website again
 

Cocksure

Well-known Member
Also agree with @Scottgough Now that they have returned the money and by doing so cancelled the contract, that's pretty much the end of it. There's no real story for the papers now and there's not much for the manufacture to do. Best you will likely get is a free service or something.
 

nvingo

Well-known Member
...Bought a new car for my partner who's 6 months pregnant and also looking after an 9 month old.
Bought a car from a well known large dealer. Deposit paid on Friday and final balance of £8.5k on Monday.
...
We have already sold my partners car, paid the insurance fees for making changes and the extra premiums, put plate in retention etc. So basically left my heavily pregnant partner car less and out of pocket for no reason now.
If you had traded-in with the dealer, the old car would be yours to use until the exchange.
Probably a bit academic now, I guess, but Paragraph 6.1 implies that the car becomes yours when the payment is cleared. If you can show that your funds cleared first, then legally it is still yours.
Is that payment for the deposit, or payment of the full value (Friday or Monday)? Paying a deposit is taken to mean the vendor can't then sell to anyone else even if they offer more (unless they're an estate agent).
 

booyaka

Moderator
Probably not what you want to hear but you have your money back - move on and find another car.

The dealers will say you have your money back and they aren't responsible for the plate costs etc

yes, it's cost you some time and a little money, but dragging it out any longer will only cause you hassle , stress and more time spent.

Focus on getting a new car, and moving on. with things.
 

Cocksure

Well-known Member
Your only claim is under Tort law, and having been involved recently with a claim against Lookers Motor Group ltd which took nearly 2 years and roughly 30k, my advice is walk now and move on.

The law is an arse, really really applies with Tort law, you can only claim for what you have lost and this needs to be in a proven form, ie say you where a day or two without a vehicle? What actual proven loss can you show as a result? Taxi receipt may be, unable to work (can you prove this and translate it to an actual financial loss), even having to cancel the new insurance is questionable as you didn't need to take it out to time of collecting the car. This is why they have refunded you so quickly as you could maybe make up a 100 or two in damages, but it will cost way way more than that to bring an action.

That said I spent 30k and won back just over £500 or so (in damages), so who am I to talk :rotfl: and yes I would do it again :rolleyes::)
 
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Bummers

Member
Your only claim is under Tort law, and having been involved recently with a claim against Lookers Motor Group ltd which took nearly 2 years and roughly 30k, my advice is walk now and move on.

The law is an arse, really really applies with Tort law, you can only claim for what you have lost and this needs to be in a proven form, ie say you where a day or two without a vehicle? What actual proven loss can you show as a result? Taxi receipt may be, unable to work (can you prove this and translate it to an actual financial loss), even having to cancel the new insurance is questionable as you didn't need to take it out to time of collecting the car. This is why they have refunded you so quickly as you could maybe make up a 100 or two in damages, but it will cost way way more than that to bring an action.

That said I spent 30k and won back just over £500 or so (in damages), so who am I to talk :rotfl: and yes I would do it again :rolleyes::)
Sounds like a very interesting story there! Can you share some of the details?
 

shotokan101

Distinguished Member

shotokan101

Distinguished Member
What, you think I don't have anything better to do?!




<goes off to find the threads>

 

Cocksure

Well-known Member
What, you think I don't have anything better to do?!




<goes off to find the threads>
Bring the thread slightly back on topic :laugh:

What I didn’t say in that thread is that I won on a few other points in proving Negligence but wasn’t able to satisfy the judge in regards loss.

Actual example, the judge ruled that because the van was returned to me with a wheel nut missing this was clear negligence, however because I couldn’t establish a loss as the garage agreed to order me in a new nut when brought to their attention, no loss so that part of the case dismissed.
 

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