acripaul Posted October 13, 2014 Share Posted October 13, 2014 (edited) Evening everyone Could really do with some advice please. A couple of weeks ago I found a 370z Nismo online through an official Nissan dealership at a good price that I liked the look of. The next day I called them and put the deposit down after they took my details etc. I asked for a receipt and details of when I could collect the vehicle. The next day I was called by the dealership saying they had made a mistake with the deposit and that they needed my card details again to 'get it right'. I said ok and gave them the details and again asked for the receipt to be emailed to me and asked for a few more details about delivery/warranty etc. A few days passed without any word and I chased them up. This pattern had been continuting for the last week or so until this evening when I was told that they made a mistake agreeing the sale and that in fact I haven't got the car but they'd find something similar for me. It turns out that I purchased the car when the dealership was changing hands from one large national car dealer to another i.e. the Nissan franchise had been sold. The official line is that the new franchise holder bought the car from the old franchise holder for a higher figure than the one I'd seen advertised and had agreed to buy the car at (note the staff are the same it's just the name above the dealership has changed). My question is what do I do? I've just noticed the new franchise holder has been advertising my car for the last week and a bit (no photos, but i managed to see the registration matched the car I agreed to buy) on their website whilst still discussing haulage and warranty issues with me! So they've been aware of this and have taken my emails and calls during this time probably knowing about this issue (I think I'm being generous there in giving the benefit of the doubt). Obviously I'm pretty p~ssed off about this. So could do with some sensible suggestions for the morning when I get the call about what they can offer me. I've seen the new franchise holder has a 370z at a stupid price in a a location near the dealership I was speaking with and I anticipte they're going to try and sell me a standard GT for the price I'd agreed on the Nismo. I'm prepared to go legal on this and to Nissan, the Nissan forums and the press. Oh and the deposit was taken on a Visa card so i suspect I may have recourse through their chargeback system also. Can anyone else suggest anything? Are there any official Nissan staff on this forum? Thanks in advance Paul p.s. Mods if this is in the wrong sub section please more / I've not named any names above to avoid any possible legal issues on here Edited October 13, 2014 by acripaul Quote Link to comment Share on other sites More sharing options...
ZMANALEX Posted October 13, 2014 Share Posted October 13, 2014 Get your deposit back and buy elsewhere, simples. Save your energy for more important stuff. Alex. 1 Quote Link to comment Share on other sites More sharing options...
Ekona Posted October 13, 2014 Share Posted October 13, 2014 Realistically, there's nothing you can do. You could go and find a car somewhere else and sue them for the difference, but in all honesty it'll just cost you more. Move on, and name & shame. Quote Link to comment Share on other sites More sharing options...
acripaul Posted October 13, 2014 Author Share Posted October 13, 2014 Cheers fellas I hear what you're saying, it makes sense. I'm still pretty angry but I want to try and think clear. I just don't for one minute accept that when a business is taken over that all agreements and contrcats are wiped nul and void and they have to start again. The business world just doesn't work like that, surely? And by taking a deposit and discussing the delivery arrangements for NEARLY TWO WEEKS I think you've entered into an implied contract. Oh well, anyone selling a 370z? ..... lol Quote Link to comment Share on other sites More sharing options...
Mudman Posted October 13, 2014 Share Posted October 13, 2014 I'd give trading standards a call and ask their advice. certainly name and shame and we can see how many forum members can be booked in to test drive it Quote Link to comment Share on other sites More sharing options...
zxrob Posted October 13, 2014 Share Posted October 13, 2014 Get your money back, go round there at a busy time and make the biggest "stink" you can with as many potential customers in hearing distance Quote Link to comment Share on other sites More sharing options...
GMballistic Posted October 13, 2014 Share Posted October 13, 2014 Get your deposit back and buy elsewhere, simples. Save your energy for more important stuff. Alex. ^^ This is what I'd probably do albeit reluctantly. I'd give trading standards a call and ask their advice. certainly name and shame and we can see how many forum members can be booked in to test drive it It can't hurt to ring the trading standards as Mudman mentions above to see what advice they give you. The thing is though it was a verbal contract as it was over the telephone and although some verbal contracts are as legally binding as written ones this is not the case I believe when buying goods, property etc as I believe these must be all done in writing to stand up in court at least. Quote Link to comment Share on other sites More sharing options...
Ekona Posted October 13, 2014 Share Posted October 13, 2014 You have a 100%, cast iron guaranteed contract. They have broken that contract. You can sue for damages, but that's it. Quote Link to comment Share on other sites More sharing options...
WhackyWill Posted October 13, 2014 Share Posted October 13, 2014 Put a cost on your time and what it has cost you so far, then threaten to issue them with a County Court Summons to recover your loss, I'm sure the new franchise wont need a CCJ against it in first weeks of trading. Then as most on here said..Name & Shame and walk away, hopefully with a few hundred quid in compensation. Quote Link to comment Share on other sites More sharing options...
acripaul Posted October 13, 2014 Author Share Posted October 13, 2014 Cheers fellas I've chilled a bit, life is too short isn't it? I've got a Nissan contact at one of the performance centres who's going to hook me up with the right people to speak to at head office Don't really want to see people get shafted like this so even if I don't get my car hopefully I can possibly prevent it happening to some others (wishful thinking perhaps......) Again thanks for all the comments 1 Quote Link to comment Share on other sites More sharing options...
GIXXERUK Posted October 14, 2014 Share Posted October 14, 2014 (edited) Cheers fellas I've chilled a bit, life is too short isn't it? I've got a Nissan contact at one of the performance centres who's going to hook me up with the right people to speak to at head office Don't really want to see people get shafted like this so even if I don't get my car hopefully I can possibly prevent it happening to some others (wishful thinking perhaps......) Again thanks for all the comments good attitude If there's no joy, move on and put it down to experience Edited October 14, 2014 by GIXXERUK Quote Link to comment Share on other sites More sharing options...
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