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Dealer has made a mistake with the settlement figure on signed order form

Discussion in 'New A3/S3 (8V Chassis)' started by dizzyheights, Feb 27, 2014.

  1. dizzyheights
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    dizzyheights New Member

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    Hi all,

    I'm meant to be picking up my new car on Saturday, but the dealer has just called to say there is a problem with my signed order form. They have said that the settlement figure recorded on the order form is incorrect. The difference in the recorded and actual settlement figure is nearly £600.

    I made my purchasing decision based on the figures written on the order form, which were signed and verified by two dealership signatures. I don't have the funds available to pay the difference. Can anyone advise as to whether the signed order form is a legally binding agreement based on the figures recorded?

    Thanks in advance for your thoughts.
    #1
  2. cemerson
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    cemerson Active Member

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    I would have thought it was fairly binding, yes. It's their mistake, you shouldn't be paying for it - simple as that.
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  3. rams_s3
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    rams_s3 Member

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    Argue it and threaten to walk away without the new car, they'll soon let the £600 go.
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  4. rams_s3
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    rams_s3 Member

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    Just realised you'll have paid your deposit, just tell them that when audi uk ring you up for the customer satisfaction questionnaire you will tell them the problems you've had. Dealers do anything to avoid bad reports to audi head office as it involves financial penalties for them.
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  5. dizzyheights
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    dizzyheights New Member

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    Thanks all for replies so far. I have resisted the temptation to name and shame the dealer on here. The dealer wants to triple tag me tomorrow afternoon, with an appointment with the two sales managers and sales advisor. I think I will email them tomorrow morning suggesting that it's their mistake.

    Thanks
    #5
  6. Battlekrapz
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    Battlekrapz Member

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    They'll apply pressure on you and will try to brain wash you into submission ... Don't accept it, as you say just stand your ground, be polite of course and then threaten if necessary by mentioning you'll complain to audi.uk. Doing all this by email is at your advantage.
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  7. lozzermo
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    lozzermo Member

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    Read the terms and conditions on the order form and agreement. That should give you an idea of your options. I think the order and the finance agreement are independent of each other. My view is that it's their mistake so stand firm. Audi UK is a good bet and if you have legal cover on your car insurance or AA you may be able to get advice from a lawyer. If they are worth their salt they will accept its their mistake. Hope it works out okay for you.
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  8. Quattro8v
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    Quattro8v New Member

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    If you meet with them and they want their 3 reps in the meeting, take at least one other person with you for support and as a witness. Preferably someone dressed like a business professional. Get your companion to take lots of notes of what is said too.
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  9. dizzyheights
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    dizzyheights New Member

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    Thanks.
    #9
  10. dizzyheights
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    dizzyheights New Member

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    Hopefully the car has already been registered in my name which helps with the negotiations.
    Last edited: Feb 27, 2014
    #10
  11. Viking
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    Viking Member

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    I would avoid at all costs any face to face meetings with them on this issue. When sat in front of them they can say all sorts of misleading stuff to get you to say something you haven't had a chance to think about. I would stick to emails so that you have a chance to look at what they say before answering, and all answers should be along the lines of simply "I have a signed order form and / or finance settlement agreement, and I think I'll just stick with what we agreed initially thank you." Advise them that you're also in contact with Audi HQ and are copying all correspondence to them.

    Remember, verbally agreeing to something over the phone carries just about as much weight as a signed contract, so iI would strongly suggest email as the only contact.
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  12. Lock & Load
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    Lock & Load Member

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    You have a legally binding contract tell them to talk to your Solicitor .
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  13. cemerson
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    cemerson Active Member

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    If you paid your deposit on a credit card, just threaten to issue a chargeback based on them changing the agreed deal if it gets that far.
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  14. VVerevvolf
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    VVerevvolf New Member

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    This sounds quite fishy to me.

    Even more so.

    I assume you have a copy of the signed order form? My course of action would be letting them know the order form signed by both parties is legally binding thus I expect them to fulfill it as is. If they'd continue to piss around, I would get in contact with Audi directly straight away.
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  15. Redgrouse
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    Redgrouse Member

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    You've signed a contract and paid money based on that agreement. They are seeking to renegotiate it unilaterally. The fact they want three people to meet you is troubling. Avoid the face to face meeting and conduct all correspondence by email. I would avoid phone calls and stick to email. Get them to set out *their* position in black or white. I would have no hesitation in mentioning that if they intend to breach the terms of the contract you will involve Audi. For the sake of £600 I should imagine they will back off.

    *spelling
    Last edited: Feb 28, 2014
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  16. dizzyheights
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    dizzyheights New Member

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    Thanks all for the replies. I have fired a couple if emails off to the dealer outlining my understanding of the situation e.g. that both parties have entered into a legally binding agreement, the order form was authorised by two dealer signatures and that basically that this is their mistake and it's down to them to resolve.

    I have copied in the Head of Business, who is the senior guy there responsible for customer service and have that requested that all correspondence on this matter is in writing on email. I haven't threaten them with Audi Uk yet as I thought I would wait to see what their initial response is on the matter. I can hold that one in the bag . I also have the option of a credit card charge back if things don't manage to be resolved to my satisfaction. I have also refused any meetings.

    Thanks again.
    Last edited: Feb 28, 2014
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  17. warren_S5
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    warren_S5 Moderator Staff Member Moderator

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    Also might be worth mentioning if things start to take a negative turn that you are thinking of contacting trading standards as their tactics sound rather underhand.
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  18. Longy
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    Longy Member

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    So where did the extra £600 come from? Was it that someone couldn't do their sums properly or they forgot to charge you for something?

    I hope it works out in your favour.
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  19. vegnomeat
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    vegnomeat Member

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    Man up and go and talk to them face to face, put your point over and tell them you aren't re-negotiating anything, you have simply turned up to collect your car. It's meant to be a nice day for you, sorry you are going through this.

    veggie
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  20. cemerson
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    cemerson Active Member

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    I think the fact that they want to have 3 people meet you shows that they know they are in the wrong and will try and bully you out of the deal you have agreed!
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  21. Viking
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    Viking Member

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    You might like to put across another scenario, where you go to collect the car and find you forgot to spec it with xenon headlights so would they like to have the car fitted with them at their expense. I wouldn't think they'd be so keen to have all the dealership head men there trying to come to an arrangement when the boot's on the other foot.
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  22. squiretolley
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    squiretolley Member

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    Can't believe Audi are pursuing this, doesn't sound like they have a leg to stand on and surely it would cost more just in people's time sending emails and attending meetings!
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  23. SilureMark
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    SilureMark Member

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    I had the same kind of thing happen to me with Essex Audi. They didn't invoice me for the cost of s tronic. So, two weeks after I took delivery of the car I get a call asking me to pay another £1500 I think it was. I told them to get stuffed. Their mistake, their problem. I did make a goodwill gesture payment of £500. I took legal advice before I responded to them. The sales rep took the hit in his pay packet. Didums. So, stand your ground as it's their problem and the deal you have is binding on all parties. Luckily a family friend is a solicitor, but you can go to Citizens Advice with the paperwork and they'll soon clarify it for you. Don't let the dealer screw you.
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  24. SilureMark
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    SilureMark Member

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    I've made complaints about dealers to Audi UK - it did nothing to influence the dealer. But walking into the showroom on a busy Saturday morning and with a raised voice, somehow does the trick. As does going to the person who is in charge of the dealership. Complaining to Audi UK is like pissing in the wind.
    Last edited: Feb 28, 2014
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  25. PembsA3
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    PembsA3 Member

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    My last 8P was delivered damaged (broken windscreen and chipped sunroof) I agreed to let them repair it but the repair did more damage so I tried to reject it. Dealer principle laughed at me and was quite contemptuous... I then wrote to Audi UK customer services director (cc the company owner) and within a week I had a cheque for a full refund on the car. The dealer principle was quite contrite when the apology came. Go for it - don't let these guys bully you into something you are not happy with...
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  26. steeve
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    steeve Member

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    To be honest £600 to an Audi dealer on a new car is a pittance. Let them take the hit, they can surely afford it.

    Do NOT go into any meetings on your own. Do not agree to anything, other than accept the car at the cost they quoted.

    Don't forget that if you reject the car based on their mistake they will have what id a second hand car to sell as it will already be registered in your name.
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  27. cemerson
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    cemerson Active Member

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    I would have made a big complaint against the dealer as well if he had that attitude - not what you expect!
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  28. Viking
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    Viking Member

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    Dealers are allowed to deregister a car in certain circumstances, like if the customer fails to complete the purchase.
    #28
  29. dizzyheights
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    dizzyheights New Member

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    The £600 difference was a mistake they made with the final settlement figure owed on my current car.
    #29
  30. dizzyheights
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    dizzyheights New Member

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    Hi all,

    Resolution achieved. The dealer has agreed to stick with the original deal and they will bear the cost of the additional £600.

    It's not really a resolution when in the end they are only sticking to what was agreed, but there you go. At least I'm not £600 lighter.

    Thanks for all your responses.
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  31. cemerson
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    cemerson Active Member

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    It's good in that you get £600 that the dealer obviously didn't want to give you, so a good deal!
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  32. Soulboy
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    Soulboy Member

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    Glad you got it sorted.

    If anyone is in a similar position (with anything), its very basic contract law.
    The first paragraph on Wiki more or less says it all:
    Category:Contract law - Wikipedia, the free encyclopedia

    Although you always look for any small print on any specific contact. If there is nothing to the contrary, then standard contract law will apply.
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  33. Itguy
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    Itguy Active Member

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    Good resolution then. Roll on the new car
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  34. dizzyheights
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    dizzyheights New Member

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    The new car is here and I'm really pleased with it despite the last minute problems with the dealership. To be fair, I don't blame the sales person as he doesn't generate the settlement figures. I get to get the last laugh though. I took GAP insurance out to supposedly get a bigger discount as they needed to hit a target. Supposedly, the discount was increased to cover the cost of the GAP insurance - yeah right! First thing on Monday I will be emailing the dealership exercising my right to cancel the GAP insurance within the 14 cooling off period.

    Happy motoring everyone and thanks again for all your suggestions on how to resolve this matter.

    Cheers
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  35. Viking
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    Viking Member

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    If you do want gap insurance then this place is as cheap as anything really.

    Click4gap.
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