The title calls them scammers though. I can't imagine them going through the effort of sueing mind.
The title calls them scammers though. I can't imagine them going through the effort of sueing mind.
Fair point
Soldato
Why not continue with the car and just sell it to your friend when completed? Unless its through finance?
Calling a company “scam artists” on a popular forum, for seemingly adhering to the terms of a contract, isn’t a smart move, regardless of how distasteful their actions may be.
Soldato
You probably won't want to nowbut just get your mate to spec the car and give you the money to pay for the car, then potentially flip it straight away?
Same, along with Bugatti, Ferrari and Lambo. I'm a principled man like that
mk1_salami
M
mk1_salami
OP
Took your advice and updated the title.
Soldato
Even a half-decent lawyer would have a judge declare it as an unfair term, given the stage that the purchase was at.
Had the spec been confirmed and the build started then yeah, keeping the deposit would have been reasonable however the £3k at the stage that the buyer needed to back out was merely a placeholder.
Given the fact that the business needed placeholders in the first place shows that there's demand so the spot would have just rolled to the next in line and the business would still have had a sale therefore no tangible loss was incurred.
If I were the OP I'd be sending them a notice before action letter, informing them that this is the last opportunity they have to return the money, less a REASONABLE administration fee, before court papers are filed.
Ariel will most likely cave as if the OP gets a judgement that the contract terms regarding the deposit was unfair it then opens them up to previous instances where they've kept it.
Car dealers and manufacturers can be the most inflexible people at times when it suits them but that's business.
They have probably promised your build to someone else already, one of those things sadly.
Suck it up and move on would be my advice if they are to playing ball.
They have probably promised your build to someone else already, one of those things sadly.
Suck it up and move on would be my advice if they are to playing ball.
Soldato
DSR may not apply if it's considered bespoke / made to order.
Man of Honour
yes, if its customised DSR doesn't really apply, but terms can't be 'unfair' in english law either, you could talk to your legal protection if you have it from home owner insurance?
Soldato
Not that I think they're likely to be lining him for a court case, they're not exactly a volume manufacturer, i'm sure they could put together this post and a particular customer having been unhappy on the phone the same week
Soldato
From the OP, at the time he attempted to back out the vehicle hadn't even bee spec'd and was far from being built.
A contract that is arguably unfair. Just because something is written down and called a contract doesn’t mean that it’s fair or legally enforceable.
Man of Honour
What would you be returning under the DSR then
I assume the answer was in reply to people saying buy it, have it delivered and then DSR it
well you try that excuse if it happens to you then lol
Soldato
I'm not a lawyer or contract expert, just pointing out a potential issue. I'd be exercising caution in going through with the order just to spite them until I'd confirmed this clause doesn't apply.
Caporegime
Couldn't you have just paid for the car and built it then transfer it over to your friend?