ilicos Posted December 18, 2009 Share Posted December 18, 2009 Well a verbal contract is legally binding but you have to go to court to prove it. So not worth it. And then you need to define what damages have you suffered? You haven't really because you never had the car to start with so technically you didn't lose anything. Put it down to experience. Mostly correct. What you can sue for is the difference in price for you to buy a similar car. e.g. This car was a 95' with full extras and 70,000 miles agreed to purchase for £3000. He sells without a counter offer being made to someone else and leaves you without the agreed item. You find another car with near exact spec and costs you £3500. You can sue him for £500, which is the loss to you. (extra cost) I have the case details somewhere of the precedent if you like. Note that if you buy a car for the same price or less there is no case. Quote Link to comment Share on other sites More sharing options...
stevie_b Posted December 18, 2009 Share Posted December 18, 2009 What you can sue for is the difference in price for you to buy a similar car.... How would he prove that a verbal contract was made though? The dealer could just shrug his shoulders and deny that any such agreement was in place. Quote Link to comment Share on other sites More sharing options...
ilicos Posted December 18, 2009 Share Posted December 18, 2009 That is the point of a verbal contract. You don't need proof. I am sure that there will be phone records and the fact that the car was sold shortly after. It really just has to be worth it IMO. Personally for a few hundred pound it's not worth the hastle. The point to remember is that there was a contract (verbal) that was breached as there was no counter offer by Ash to invalidate the acceptance. Quote Link to comment Share on other sites More sharing options...
SteveC Posted December 18, 2009 Share Posted December 18, 2009 Without a written and signed receipt for a deposit on the car, then you've somewhere between little and zero chance of getting anywhere with this. I'd just keep track of a few cars he's selling - particlarly those that are a bit on the expensive side and not moving. Then I'd phone him up one Monday, ask loads of questions about one car, say it sounds perfect, then finally say you'll be coming at the weekend to pick it up at his price - no haggling. Give him your phone number and just wait for him to call you about the car he's been struggling to sell and thought he'd got a buyer for . You can then take great pleasure in telling him you've bought something else when he calls you to find out where you are with your money... Quote Link to comment Share on other sites More sharing options...
ManwithSupra Posted December 18, 2009 Share Posted December 18, 2009 Richard, if you could assist the drive by (view only of course ) They are called Meadow View Car Sales http://www.netleymarshcarsales.co.uk/136232/index.htm Its a white MR2, only one they had.......if you could mate, I would owe you a Christmas kiss I will do what i can dude. Dont worry about the kiss lol Quote Link to comment Share on other sites More sharing options...
Gaz6002 Posted December 18, 2009 Share Posted December 18, 2009 Andy, Thats the thing I have already been to view the car, death trap or bag of bolts it wasnt. For a 19 year old car, I couldnt find a thing wrong with it....... I phoned him back and recorded the phone conversation, I'll upload it later tonight for shits and giggles, it degenerates with him starting to f and blind, nice customer service, and inviting me to go down and see him face to face lol....... Let's take him up on his offer Ash Quote Link to comment Share on other sites More sharing options...
Suprash Posted December 18, 2009 Author Share Posted December 18, 2009 I will do what i can dude. Dont worry about the kiss lol If you could mate, just a take a drive past over the weekend at some point, earlier the better if you can...... For everyone else, I have our last telephone recorded, he clearly keeps making excuses or making excuses that arent even there.....like if i wanted the car I would have left a deposit on the Sat when I went to view the car, but I never agreed to buy the car then until we spoke on the Monday. I'll upload it, but the Mrs mum works at a solicitors and she is going to speak to someone on Monday. Im gonna follow this through even if I end up paying for it, because its the principle of the matter, and too many people probably let garages and dealers get away with shit just because they cant be arsed with the hassle, me, I love a PITA, so bring it on !!!! Quote Link to comment Share on other sites More sharing options...
Suprash Posted December 18, 2009 Author Share Posted December 18, 2009 That telephone call gets funnier and funnier the more I listen to it lol.....right its on the laptop but only in .amr format, is there anywhere that will host this, I have tried to convert it to another format but it just fails ? Quote Link to comment Share on other sites More sharing options...
erol_h Posted December 18, 2009 Share Posted December 18, 2009 I hope you manage to cause him some bother, when i sold my sup to kieron he offerd to give me a deposit to which i said no you have my word and when the car was ready he came and collected. Quote Link to comment Share on other sites More sharing options...
Branners Posted December 18, 2009 Share Posted December 18, 2009 money talks in this day and age. A definite sale vs some bloke who said he will come and get it is hardly a tricky decision. The traders on the forum could tell you a world of stories about how many times people have guaranteed they will buy something and then back out of the deal leaving them in the lurch. Its a harsh world, but thats how the traders work, they sell something for the most they can get as quickly as they possibly can before it depreciates. Quote Link to comment Share on other sites More sharing options...
Guest vintage21275 Posted December 18, 2009 Share Posted December 18, 2009 sorry to hear about this but i dont think you had any kind of legal contract untill you had actually agreed a certain price and left some sort of deposit without both of these no kind of legally enforceable contract has been made.. Quote Link to comment Share on other sites More sharing options...
Chewie Posted December 18, 2009 Share Posted December 18, 2009 For everyone else, I have our last telephone recorded .... ... I'll upload it, but the Mrs mum works at a solicitors and she is going to speak to someone on Monday. Whoah steady on tiger. It's not illegal to record a telephone call, nor is it illegal not to tell somebody that you are recording it - if it is for your own use. BUT what you can't do is make that conversation available to third parties e.g mkivsupra.net, without that persons consent. Otherwise they can take you to the cleaners. Sorry. Quote Link to comment Share on other sites More sharing options...
Guest vintage21275 Posted December 18, 2009 Share Posted December 18, 2009 The traders on the forum could tell you a world of stories about how many times people have guaranteed they will buy something and then back out of the deal leaving them in the lurch . Totally agree we have loads of promises over the phone/after test drives that never materialise, always good to leave a deposit even a small amout to hold the car. Quote Link to comment Share on other sites More sharing options...
Ark Posted December 19, 2009 Share Posted December 19, 2009 Ash - if you're interested, a guy down my street has a gunmetal grey MR2 for sale for about ~£2000. I haven't looked at it closely but it seems clean enough. Slightly modified - wheels, exhaust... Quote Link to comment Share on other sites More sharing options...
Suprash Posted December 19, 2009 Author Share Posted December 19, 2009 sorry to hear about this but i dont think you had any kind of legal contract untill you had actually agreed a certain price and left some sort of deposit without both of these no kind of legally enforceable contract has been made.. sorry to hear about this but i dont think you had any kind of legal contract untill you had actually agreed a certain price and left some sort of deposit without both of these no kind of legally enforceable contract has been made.. Thats the thing, we agreed on a price, I was willing to let him take a deposite, he said he wasnt worried about it, but the only reason I didnt go to pick it up straight away was I now work 9-5 mon to fri so couldnt get the truck down till the Sat. The car was definitely perceived to be mine. Whoah steady on tiger. It's not illegal to record a telephone call, nor is it illegal not to tell somebody that you are recording it - if it is for your own use. BUT what you can't do is make that conversation available to third parties e.g mkivsupra.net, without that persons consent. Otherwise they can take you to the cleaners. Sorry. Fair enough, I post it, just means you flanges miss out...... Quote Link to comment Share on other sites More sharing options...
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