Help, I am furious,

[Fidge]

I signed a contract with Continental Leisure Vehicles of Cross Hands Wales for them to sell my motorhome. This was in May.The agreed price for me to receive was 33k. Since then I have received one phone call from the saleman about five weeks ago saying that the van wasn't moving ( which is probably because they has massively overpriced it at 43k) and they would be likely reducing the price to 35k /36k and I would have to reduce my asking price of 33k. I queried this as Ididnt feel I should have to take a loss as the contract had been signed.. I got a lot of flannel off him about their costs etc and in conversation said the least I would take anway was 31.5k. I did NOT agree to accept that price, and as our written contract was never altrered I thought no more about it. I discovered by looking on their websiteabout three weeks ago that the moho had been
sold, their asking price was 38.995k. I had not been I formed of the sale. I rang the saleman I had been dealing with who said very sarcastically, 'oh you've been looking on line have you', he then told me it would be a couple of weeks before everything was confirmed and he would ring me. I told him that would be unacceptable as I was leaving for Australia in a couple of days (which he already knew) and that we would have to communicate via e mail. I said I was looking forward to the 33k in my bank account. I asked him to send me his email address to which I replied ( to make sure there were no address mistakes) once again saying I was looking g forward to receiving the 33k.
I did not receive any more communication from him, but a few days later I checked my bank account to find that I had been paid 31.5k for the sale my van. I emailed the salesman immediately and asked him to rectify this mistake as I had never agreed to a reduction in price either verbally or in writing. The contract I signed with Continental states changes to the monies agreed can only be done by written agreement, He has never replied to my e mail which was sent seven days ago. Has anyone else ever been in a similar situation or have any suggestions as to what my option are now. Surely this is theft? This has all come on top of other stressful situations at the moment and it feels even more difficult as I am in Oz. This is the firm I originally bought the van from and who have done lots of work on it over the years. To say I feel let down is an understatement. Sorry this is so long

 

[chaser]

his down to his last 5 tractors
you ever see a farmer on a bike

((((( 5))))

 

[wiljoy]

I signed a contract with Continental Leisure Vehicles of Cross Hands Wales for them to sell my motorhome. This was in May.The agreed price for me to receive was 33k. Since then I have received one phone call from the saleman about five weeks ago saying that the van wasn't moving ( which is probably because they has massively overpriced it at 43k) and they would be likely reducing the price to 35k /36k and I would have to reduce my asking price of 33k. I queried this as Ididnt feel I should have to take a loss as the contract had been signed.. I got a lot of flannel off him about their costs etc and in conversation said the least I would take anway was 31.5k. I did NOT agree to accept that price, and as our written contract was never altrered I thought no more about it. I discovered by looking on their websiteabout three weeks ago that the moho had been
sold, their asking price was 38.995k. I had not been I formed of the sale. I rang the saleman I had been dealing with who said very sarcastically, 'oh you've been looking on line have you', he then told me it would be a couple of weeks before everything was confirmed and he would ring me. I told him that would be unacceptable as I was leaving for Australia in a couple of days (which he already knew) and that we would have to communicate via e mail. I said I was looking forward to the 33k in my bank account. I asked him to send me his email address to which I replied ( to make sure there were no address mistakes) once again saying I was looking g forward to receiving the 33k.
I did not receive any more communication from him, but a few days later I checked my bank account to find that I had been paid 31.5k for the sale my van. I emailed the salesman immediately and asked him to rectify this mistake as I had never agreed to a reduction in price either verbally or in writing. The contract I signed with Continental states changes to the monies agreed can only be done by written agreement, He has never replied to my e mail which was sent seven days ago. Has anyone else ever been in a similar situation or have any suggestions as to what my option are now. Surely this is theft? This has all come on top of other stressful situations at the moment and it feels even more difficult as I am in Oz. This is the firm I originally bought the van from and who have done lots of work on it over the years. To say I feel let down is an understatement. Sorry this is so long

I feel your pain. I trusted a local dealer in Newcastle to sell my van at our agreed price. I to never heard from them until a member of staff told me they had sold it at the auction for £23,000. Our agreed price was £25000. After several phone calls the boss transferred £3000 over 5 weeks then went bust. I never managed to recover my balance after exploring every avenue. His debts exceeded £3 million mostly with fraud and refinancing customers vans without there knowledge. This dealer had sold for me in the past and became a so called friend.
We all take a big chance on brokering but I'll certainly never do it again.

 

[CazPaul]

I feel your pain. I trusted a local dealer in Newcastle to sell my van at our agreed price. I to never heard from them until a member of staff told me they had sold it at the auction for £23,000. Our agreed price was £25000. After several phone calls the boss transferred £3000 over 5 weeks then went bust. I never managed to recover my balance after exploring every avenue. His debts exceeded £3 million mostly with fraud and refinancing customers vans without there knowledge. This dealer had sold for me in the past and became a so called friend.
We all take a big chance on brokering but I'll certainly never do it again.

Good grief that’s a shocking story.

 

[Dunslow]

Thank you for all your replies and I will investigate using the small claims court, though my presence in court would be impossible as I will be in Oz until Christmas, a fact that the saleman knew as we had chatted about it, and how that would not affect the sale of my van!! I know 1.5k isn't a huge amount of money, although it's not small change to me either. It's the principle of the thing that is so wrong, in my opinion they have broken their own contract and blatently stolen money from me. I wonder how many other people they have done it to. I will post on any progress.

There is a time period within which to make your claim at the small claims court but if you're back around xmas then you shouldn't need to worry about it yet, but a letter stating the facts first then a timely "Letter before action" prior to your return would work. That way they do have time to pay what you are owed, and you can start your claim and submit your form as soon as you are back if they don't.

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[Marty Gilly and Pup]

The chances are that the company won’t make it to the court. I’ve used this myself and after consulting a solicitor rugby mate, he said confidently that they would settle before court. It went down to a few days before with them making out a complex and lawyer laden defence.
Then bang- they paid up. Including all my extra defending costs for travel, printing, phone calls, distress etc.
basically companies are just trying it on reckoning you can’t be bothered.
I think it eventually came to about a grand on a dispute over a £50 phone replacement.

 

[pampam]

Phew willjoy i bet that took some getting over?

 

[JoshnPen]

I feel your pain. I trusted a local dealer in Newcastle to sell my van at our agreed price. I to never heard from them until a member of staff told me they had sold it at the auction for £23,000. Our agreed price was £25000. After several phone calls the boss transferred £3000 over 5 weeks then went bust. I never managed to recover my balance after exploring every avenue. His debts exceeded £3 million mostly with fraud and refinancing customers vans without there knowledge. This dealer had sold for me in the past and became a so called friend.
We all take a big chance on brokering but I'll certainly never do it again.

Wow, shocking! That's awful, so sorry - and angry - on your behalf! It's always us consumers getting the bum deal.

 

[Bart]

In this day and age, what is £1500, in my opinion they have gone down £4000 on their selling price so you havnt done so bad, I would just take the money and be thankful it's gone, what's one and a half thousand against all the stress and mither of lawyers and courts and things.
As I said,just my opinion, you do what you think.

Chaser saying as it's only £1500 , I'll pm you bank details
£1500 is a lot of money in my world

 

[Pjdow]

They might be down £2500 on the deal but have still made £7495 from selling his van, sold for £38995 and he gets £31500. The £2500 you say they are down would have put their profit at £10,000.

The contract said the money agreed cannot be changed unless it’s in writing.

Being pedantic, Their profit is £6245, not £7405 as you stated

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[Jim]

I think it eventually came to about a grand on a dispute over a £50 phone replacement.

Thats's changed since I last issued a small claim, expenses or any consequential loss was always ignored, they would only pay up the amounty of the basic claim. But my experience is at least 20 years old.

 

[CazPaul]

Being pedantic, Their profit is £6245, not £7405 as you stated

Well firstly being also pedantic I never stated their profit was £7405, they sold it for £38995 and he received £31500, is that not correct?

 

[Coolcats]

I signed a contract with Continental Leisure Vehicles of Cross Hands Wales for them to sell my motorhome. This was in May.The agreed price for me to receive was 33k. Since then I have received one phone call from the saleman about five weeks ago saying that the van wasn't moving ( which is probably because they has massively overpriced it at 43k) and they would be likely reducing the price to 35k /36k and I would have to reduce my asking price of 33k. I queried this as Ididnt feel I should have to take a loss as the contract had been signed.. I got a lot of flannel off him about their costs etc and in conversation said the least I would take anway was 31.5k. I did NOT agree to accept that price, and as our written contract was never altrered I thought no more about it. I discovered by looking on their websiteabout three weeks ago that the moho had been
sold, their asking price was 38.995k. I had not been I formed of the sale. I rang the saleman I had been dealing with who said very sarcastically, 'oh you've been looking on line have you', he then told me it would be a couple of weeks before everything was confirmed and he would ring me. I told him that would be unacceptable as I was leaving for Australia in a couple of days (which he already knew) and that we would have to communicate via e mail. I said I was looking forward to the 33k in my bank account. I asked him to send me his email address to which I replied ( to make sure there were no address mistakes) once again saying I was looking g forward to receiving the 33k.
I did not receive any more communication from him, but a few days later I checked my bank account to find that I had been paid 31.5k for the sale my van. I emailed the salesman immediately and asked him to rectify this mistake as I had never agreed to a reduction in price either verbally or in writing. The contract I signed with Continental states changes to the monies agreed can only be done by written agreement, He has never replied to my e mail which was sent seven days ago. Has anyone else ever been in a similar situation or have any suggestions as to what my option are now. Surely this is theft? This has all come on top of other stressful situations at the moment and it feels even more difficult as I am in Oz. This is the firm I originally bought the van from and who have done lots of work on it over the years. To say I feel let down is an understatement. Sorry this is so long

I have sold a few vehicles on sale or return terms, fortunately the sales professional has provided me every time with my price, however there has never been a garuntee that the price I am asking for will be reached and if I still wish to sell the vehicle what is the minimum I would take.

I know this will inflame you but within your first paragraph you said "and in conversation said the least I would take anway was 31.5k."
any sales person will take that as intent to agree to a price drop in order to sell the vehicle. Have to say if it was sold for £35/36K its not a huge margin they are making so I would suggest that you have a reasonable deal.

Just ask for confirmation of what the vehicle actually sold for.

 

[Pjdow]

Well firstly being also pedantic I never stated their profit was £7405, they sold it for £38995 and he received £31500, is that not correct?

Sorry, you used the term "made" I took that as the profit. What did you mean?

VAT needs removing off the margin: -

£7405 - VAT = £6245

It is actually less that that as there are costs accociated with the sale to come out f the £6245.

At best he is probably £3k in profit for the sale

 

[CazPaul]

Sorry, you used the term "made" I took that as the profit. What did you mean?

VAT needs removing off the margin: -

£7405 - VAT = £6245

It is actually less that that as there are costs accociated with the sale to come out f the £6245.

At best he is probably £3k in profit for the sale

I never said £7405 that’s what you wrote

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[sonny]

Go after these conmen and get the money you agreed to in writing
Good luck

 

[Marty Gilly and Pup]

Thats's changed since I last issued a small claim, expenses or any consequential loss was always ignored, they would only pay up the amounty of the basic claim. But my experience is at least 20 years old.

It never reached court though Jim. They just paid up the full amount. Plus it cost them more with their legal fees for a case they could never win.

 

[Richard n Ann]

I'd delete the above sentence where you stated you'd accept £1500 less. It would possibly confirm to a judge that you had a verbal contract.

 

[Fidge]

Once again thank you to everyone who replied to this post. I am happy to update that after a few backwards and forwards emails to the salesman I had been dealing with, completing the firm's official complaints procedure all to no avail, I finally got the email address of the boss. I emailed him today explaining my grievance and said I wanted a reply from the company within fourteen working days or my next email would be a letter of my intent to contact trading standard and the courts. Two hours later I have received an email advising me to check my account as the money had been paid. Result!! So, thank you forum, brilliant advice as usual from a happy bunny

 

[Puddleduck]

The chances are that the company won’t make it to the court. I’ve used this myself and after consulting a solicitor rugby mate, he said confidently that they would settle before court. It went down to a few days before with them making out a complex and lawyer laden defence.
Then bang- they paid up. Including all my extra defending costs for travel, printing, phone calls, distress etc.
basically companies are just trying it on reckoning you can’t be bothered.
I think it eventually came to about a grand on a dispute over a £50 phone replacement.

I've won money back through small claims (didn't get to court) and also a much bigger case where Martin was not paid an employment bonus he was entitled to. The last case went to the day of the court hearing and the company paid up an hour before the case was due to be heard.

My daughter-in-law took her previous employer to industrial tribunal for disability discrimination and won. She was told by her ex-employer on the way out, and in front of witnesses, that he would ensure she never worked in that town again.

With the money she won from both cases she went to law school and has been called to the bar.