Overhaulin'

what should i do ????

Hi there, i ordered a Brand new Mercedes about 3 weeks ago. The car had to be ordered from the factory because of the extras and they had found a similar car to what i wanted already built but i had an extra 6 cd changer and Dab radio built in which i had not ordered on my car. Therefore the sales woman rang me and said they had found me a car but it had two extras which were a cd changer and DAB radio, she said they cost 500 but they will give them to me for free. Now the car has been delivered to the dealers and all the finance paper work has been signed and the 20,000 cash has been paid the sales person now says i still owe them 550 pounds before i can collect the car for the cd changer which i was told that it was going to be thrown in for free. They say i either pay it and have the car that is delivered or they have to order me a new one from factory and the prices have risen this week for the same vehicle and i would be subject to new prices if i decided to buy the one i ordered previously. What do i do now ? where do i stand ??? i never signed nothing to state that i had ordered a cd changer i have sorted all my insurance and everything on the car which i was supposed to collect on sunday. Could you please advice on where do i stand in this situation ? I really want the car on the 1st but i why should i pay the 550£ which they told me i dont have to. what could i say to mercedes dealerhip ?? They guy said he would call me back but hasnt. So if i dont hear from them by tomorrow afternoon should i go to the dealers directly my self??? Sometimes they dont even return my calls even after i spent 31k thanks 12 minutes ago

Public Comments

1. You will need to have something to corroborate your version of the verbal contract which took place. If you don't have anything to support your version of events (witness, documentation) then you do not have a very strong position. For it to have been a valid contract you need the following (at least in australia): Offer and acceptance: The saleswoman made a final statement to you where she offered the car to you with the extras thrown in for free. You accepted her offer. Valuable Consideration: (This means that each of the parties involved must receive something whether that be a right, interest or benefit etc) In this case she received the sale because you accepted the offer of receiving the 550 pounds. Intention to create legal relations. Yes, both of you intended to be bound by your agreement. Contractual capacity: The sales woman was over the age of 18 and of sound mind etc. as were you. Genuine consent. Yes, you both genuinely consented. So, if you could be bothered you could probably sue the car company for breach of contract but you may end up spending far more than the 550 pounds.
2. Gently remind them of there initial offer importantly find the person who offered the deal in the first place and tell them that you will gradually go higher up the company hierarchy until you find some one that is accountable. Reminding each one as you go that you where verbally given this offer by this person before you signed the contract.
3. You are actually in quite a strong position and it's time to play cat and mouse. Tell them that unless they honour your prior agreement regarding the radio etc, you will cancel your order, demand the return of your money and you will go and buy a car elsewhere.. You can demand the return of your money because they have failed to fulfil their side of the agreement in that they have not supplied the car to the specifications which you stipulated. I do not believe that the car you wanted has risen in price, they are trying it on. However, even if it has risen, that's their problem because you agreed a price for a certain car and for them to fulfil the agreement, they have to supply it on those terms. They will not want to lose your business, especially as you are probably the first person to buy a new car this year! PS Do not tell them about your having arranged insurance etc, that would give them leverage over you.
4. quick tip from a man in the know..car sales are suffering more than most in the current climate. they will want to register this car for their march targets. if they have transferred this car in from another dealer they will have to pay mercedes for it very soon.go pick your car up as planned,this going to be the busiest day of their year. the last thing they want is a disgruntled in their showroom,they will just let you take the car without paying for the cd.