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Evans Halshaw reduce car before i've even driven it away!

[Deleted User][Deleted User] Posts: 185
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I bought a car from Evans Halshaw on Sunday.

The car was priced at £7,605, after a bit of haggling I managed to get an extra 100 quid for my PX.

I went on the Evans Halshaw site this morning to get a picture of the car to show a friend, I was shocked when I saw the exact same car (same reg) still showing for sale for £7,365.

I paid a £200 deposit on Sunday.

I rang the garage and asked how the car is still showing for sale and how it's dropped in price. I was told it's part of their 'everyday low price' policy that every 10 days cars are reduced to match other similar vehicles in the area. I still need to pay the price agreed on Sunday???

Is this allowed? I'm not due to collect the car until Saturday.

If I cancel now will I lose my 200 deposit?
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    gasheadgashead Posts: 13,822
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    I've no idea on the price issue, but did the garage have anything to say on why they appear to be selling the exact car you've already paid a deposit on? Saying they have the same make and model as you've bought for a lesser price is one thing, but surely they shouldn't be advertising the same car as being for sale? If they have others, why wouldn't they display photos of them? Seems very odd to me.
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    [Deleted User][Deleted User] Posts: 185
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    It's the same car, same reg on the photos!
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    gasheadgashead Posts: 13,822
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    Emz_uk wrote: »
    It's the same car, same reg on the photos!
    Yeah, I get that, I wasn't suggesting you were mistaken or anything. It's odd behaviour on their part, not yours. I was wondering what, if any, their explanation for that was.
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    [Deleted User][Deleted User] Posts: 185
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    The salesmen confirmed it was the same car, and said every 10 days cars are reduced to reflect the current market, but as I purchased the car and signed all the forms on Sunday, I need to pay the higher price.
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    Vast_GirthVast_Girth Posts: 9,793
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    Technically you agreed to pay the higher price so they probably can keep your deposit if you back out of the deal.

    However it is terrible customer service and any decent garage would be ashamed of operating like this. I would kick up a big a fuss as possible and hopefully they will back down.

    If they don't it would work out more efficient to cancel the deal, lose the deposit and buy the car at the lower price. Bonkers.
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    gasheadgashead Posts: 13,822
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    Emz_uk wrote: »
    The salesmen confirmed it was the same car, and said every 10 days cars are reduced to reflect the current market, but as I purchased the car and signed all the forms on Sunday, I need to pay the higher price.
    I don't know what the law says about the garage not honouring the lower price, but from what you say, the garage is still advertising as being for sale the car that you've already commited to buy and they have committed to sell you. That's got to be illegal. What do they do if someone else wants to buy it? Take a deposit off them also, have you both/ all fight it out on the forecourt and the last one standing drives it home? The price issue is one thing, but continuing to advertise it is a different issue that I think you need to contact them and get an explanation for, as that's nothing to do with the price matching.
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    wrexham103.4wrexham103.4 Posts: 3,334
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    false advertising on their behalf, you have bought the car, so anyone enquiring about it will be told 'its just been sold' so noone was ever going to get that car at the lower price. Having dealt with EH in the past i can say they are lying useless bastards!
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    Bendy WendyBendy Wendy Posts: 1,667
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    Maybe they've reduced the price cos it's getting close to 'month end' and they've got targets to hit?
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    Pull2OpenPull2Open Posts: 15,138
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    Maybe JasonJAGLaw can answer soon, not seen him for a while but he's a contract specialist lawyer!
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    roth30roth30 Posts: 3,264
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    Check the small print . I thought most contracts have a cooling off period where you can cancel within so many days without loosing your deposit.
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    Philip WalesPhilip Wales Posts: 6,373
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    Are you sure it's the same reg, maybe their using a stock picture as do lots of garages.
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    Pull2OpenPull2Open Posts: 15,138
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    roth30 wrote: »
    Check the small print . I thought most contracts have a cooling off period where you can cancel within so many days without loosing your deposit.

    That's a good point! Isnt it 14 days or the like?
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    [Deleted User][Deleted User] Posts: 1,835
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    roth30 wrote: »
    Check the small print . I thought most contracts have a cooling off period where you can cancel within so many days without loosing your deposit.

    Doesn't a cooling off period only apply for distance selling.
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    gasheadgashead Posts: 13,822
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    thedrewser wrote: »
    Doesn't a cooling off period only apply for distance selling.
    Correct. IANAL, but I believe I'm right in saying that you have an automatic right to cancel goods ordered via a distance sale for any reason within the cooling off period, which you don't get when buying face to face. In this instance, the garage may have used the deposit to cover their own costs on the expectation of a sale, in which case they would be entitled to keep the deposit.
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    Pull2OpenPull2Open Posts: 15,138
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    thedrewser wrote: »
    Doesn't a cooling off period only apply for distance selling.
    gashead wrote: »
    Correct. IANAL, but I believe I'm right in saying that you have an automatic right to cancel goods ordered via a distance sale for any reason within the cooling off period, which you don't get when buying face to face. In this instance, the garage may have used the deposit to cover their own costs on the expectation of a sale, in which case they would be entitled to keep the deposit.

    I'm not sure it is correct tbh! IIRC it also applies to things like door to door sales such as double glazing et al and is stated by lots of consumer programmes when they do features about vulnerable people being conned!
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    [Deleted User][Deleted User] Posts: 185
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    I purchased the car face to face at the garage.
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    [Deleted User][Deleted User] Posts: 472
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    Pendragon own Evans Halshaw, and it is correct in that this is their policy - if the cars that they have don't sell within a certain number of days, then they will be reduced to keep them competitive within the market-place. They call it 'bucket-jumping'.

    However, to have applied this to your vehicle whilst you are waiting to take delivery is an administrative mistake at their end. I suspect that the order form paperwork wasn't completed fully internally before the reductions were made, and now that you've seen it they will be kicking themselves.

    If you cancel your order, they can't keep your deposit. They might not want to give it back, and they will probably drag their feet, but you will get it back. However, hopefully you won't need to go this far. If you do cancel, they will have to keep the car on sale at the lower price, because of the number of days the car has already been in stock (they only keep their vehicles for 50/60 days, can't remember which, before they have to dispose of them one way or another - group policy). So it's better for them to take your money, even at the lower price, because they might not sell it again in time before they have to move it on.

    I suggest you tell them that they either honour the lower price or you will cancel, and advise them that you will pursue any unreturned deposit as a complaint directly with their head office - the telephone number for which is 01623 725000.
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    Pull2OpenPull2Open Posts: 15,138
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    Emz_uk wrote: »
    I purchased the car face to face at the garage.

    My point is it isn't just distance buying, you may still be eligible for the cooling off period! You'll need to check though!
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    Pull2OpenPull2Open Posts: 15,138
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    Pendragon own Evans Halshaw, and it is correct in that this is their policy - if the cars that they have don't sell within a certain number of days, then they will be reduced to keep them competitive within the market-place. They call it 'bucket-jumping'.

    However, to have applied this to your vehicle whilst you are waiting to take delivery is an administrative mistake at their end. I suspect that the order form paperwork wasn't completed fully internally before the reductions were made, and now that you've seen it they will be kicking themselves.

    If you cancel your order, they can't keep your deposit. They might not want to give it back, and they will probably drag their feet, but you will get it back. However, hopefully you won't need to go this far. If you do cancel, they will have to keep the car on sale at the lower price, because of the number of days the car has already been in stock (they only keep their vehicles for 50/60 days, can't remember which, before they have to dispose of them one way or another - group policy). So it's better for them to take your money, even at the lower price, because they might not sell it again in time before they have to move it on.

    I suggest you tell them that they either honour the lower price or you will cancel, and advise them that you will pursue any unreturned deposit as a complaint directly with their head office - the telephone number for which is 01623 725000.

    Sounds like good advice to me!
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    davidmcndavidmcn Posts: 12,111
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    Pull2Open wrote: »
    My point is it isn't just distance buying, you may still be eligible for the cooling off period! You'll need to check though!

    There is no general rule that contracts have a cooling-off period, it only applies to a limited number of situations - which don't include going to a garage to buy a car.
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    Pull2OpenPull2Open Posts: 15,138
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    davidmcn wrote: »
    There is no general rule that contracts have a cooling-off period, it only applies to a limited number of situations - which don't include going to a garage to buy a car.

    Quite possibly.

    Is there a schedule of situations for which a cooling off period applies? How do you know it wouldn't apply in this situation? Anyway, I'm not suggesting it definitely may be an option just worth checking and that it doesn't ONLY apply to distance purchasing!
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    davidmcndavidmcn Posts: 12,111
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    Pull2Open wrote: »
    How do you know it wouldn't apply in this situation?

    From my knowledge of contract law :)

    There is no general rule incorporating cooling-off periods, it's something which has been incorporated in particular situations where consumers are thought to need protection (such as cold-callers on your doorstep). There's no such need for it in the OP's situation - after all, they wouldn't be entitled to just change their mind if they had driven off with the car at the time.
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    Pull2OpenPull2Open Posts: 15,138
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    davidmcn wrote: »
    From my knowledge of contract law :)

    There is no general rule incorporating cooling-off periods, it's something which has been incorporated in particular situations where consumers are thought to need protection (such as cold-callers on your doorstep). There's no such need for it in the OP's situation - after all, they wouldn't be entitled to just change their mind if they had driven off with the car at the time.

    Fair do's!
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    Jason JAG LawJason JAG Law Posts: 1,069
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    The general concept of a deposit in this scenario would be that it is the maximum the seller can retain should the intended purchaser breach the contract by not going ahead with the purchase by refusing or being unable to pay the agreed price in full.
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    Pull2OpenPull2Open Posts: 15,138
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    The general concept of a deposit in this scenario would be that it is the maximum the seller can retain should the intended purchaser breach the contract by not going ahead with the purchase by refusing or being unable to pay the agreed price in full.

    So would the return of the deposit as stipulated in the post above be more goodwill than an obligation?
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