Car sold to motor dealer but they reneged on the deal

Discussion in 'Consumer Issues and Rights' started by ClubMan, 5 Nov 2018.

  1. Bronte

    Bronte Frequent Poster

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  2. ClubMan

    ClubMan Frequent Poster

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    Thanks. Saw that mentioned somewhere alright (here or boards.ie maybe) but I'm not so sure that STOPPING a cheque is the same thing as writing a cheque without sufficient funds to cover it?

    Edit: post crossed with Bronte's.
     
  3. galway_blow_in

    galway_blow_in Frequent Poster

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    Guys behaviour is outrageous and unprofessional, he bought the car as he saw it.

    Stick to your guns, if it went near court his reputation would suffer and he won't risk that, he's bluffing
     
  4. galway_blow_in

    galway_blow_in Frequent Poster

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    What part of

    "bought as you saw it "

    Are you unable to grasp?, it's a common understanding of trade every day of the week for used items, add to that this man works in the motor trade, he should have used his skills to assess the car thoroughly, it's possible that no flaw even exists.
     
  5. Leo

    Leo Moderator

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    The exchange of car and cheque satisfied the consideration element of contract formation. Once that happens, one party cannot unilaterally alter the terms.

    To suggest the dealer had any entitlement to cancel or attempt to alter the contract is wrong. I think everyone would agree they were wrong if they decided to hit a car purchaser with an additional charge just because they felt it was worth more after the customer drove away, this is no different.
     
  6. ClubMan

    ClubMan Frequent Poster

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    Thanks again for all the comments/advice.
    The manager of the dealership was in contact and discussed the matter and apologised for the cancellation of the cheque and said that this should never have happened.
    However he did defend his sales person in relation to how he went about approaching his "investigation" of the alleged damage that he claimed to discover after the fact/sale.
    But the important thing is that he has made good the payment so the matter is now closed as far as I am concerned and since it was ultimately resolved satisfactorily I will not name and shame.
    My mother IS out of pocket by €10 for the returned/bounced cheque but I won't bother trying to chase compensation for that as it's minor in the greater scheme of things and not worth the hassle and my time.
     
    mathepac, mugsymugsy, Leo and 2 others like this.
  7. galwaypat

    galwaypat Frequent Poster

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    Thats good you would think they should have had the professional capacity to handle it better than they did but its sorted now and thats it.
     
  8. Bronte

    Bronte Frequent Poster

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    That's a great result. And I agree with you not naming, because ultimately they did the right thing. And they apologised. (reminder to self, don't rely on a cheque until the money is in the account)
     
  9. ClubMan

    ClubMan Frequent Poster

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    Ironically a sibling who actually brought the car over to sell it last Saturday said that the guy asked if they wanted a wire transfer or a cheque and they asked for a cheque because they didn't have the bank details handy. So all this hassle could've been avoided in the first place. Unless an EFT authorised on a Saturday can be stopped before it goes through on the next working day...?