Deals on cars (fume)

[DaGaffer]

i know all that.
suprisingly.
i even said it in the bit you just quoted me on!

No you didn't because you didn't accept that the CPA can override the case law.

 

[tris-]

No you didn't because you didn't accept that the CPA can override the case law.

the CPA and the case law are completley different things! the CPA cant override the case law for the simple fact that the case does not disagree with the CPA in the first place.

neither of them dispute one another. no offence but i think you should re-read the cases and whats been typed here.

"Consideration" doesn't have to be money. "

never said it did have to be money, did i? i even made a joke that it could be a paperclip, because it could be.

 

[DaGaffer]

the CPA and the case law are completley different things! the CPA cant override the case law for the simple fact that the case does not disagree with the CPA in the first place.

neither of them dispute one another. no offence but i think you should re-read the cases and whats been typed here.

"Consideration" doesn't have to be money. "

never said it did have to be money, did i? i even made a joke that it could be a paperclip, because it could be.

No but you implied it because you said something had to be passed from one party to the other, which isn't the case. Early in the thread you dismissed handing over credit card details as not consideration, when it can easily be argued it is; after all the consideration could simply be the opportunity cost to Wij of earmarking those funds, meaning they couldn't be used for something else as far as he was concerned at the time.

And it doesn't matter that contract law and CPA are different things, they both apply! As I've shown above there may be an argument in contract law, and, if the dealer is doing this to other customers, then the CPA applies. The issue is proving it. If Wij mentioned it in the press and a hundred punters came out of the woodwork saying the same thing had happened to them then it would be the CPA that would apply, as well as breach of contract!

 

[Jupitus]

Are you two going on MTV celebrity death match any time soon?

 

[Wij]

OK - I checked with the bank. The dealer actually ran my card details and created an authority for the deposit against my account (I have the approved auth code). Surely they can't have done that unless they'd agreed that the deal was a contract ?

Consumer Direct reckons I may be able to sue for 'loss of bargain', whatever that means.

 

[Gumbo]

does it work?

Spambot much?

 

[Rubric]

Where Bugz when you need him? He knows all about consumer law,

 

[tris-]

=
And it doesn't matter that contract law and CPA are different things, they both apply!=!

at no point did i say anything on the contrary to that. im not sure what youre reading here.

 

[Tom]

OK - I checked with the bank. The dealer actually ran my card details and created an authority for the deposit against my account (I have the approved auth code). Surely they can't have done that unless they'd agreed that the deal was a contract ?

Consumer Direct reckons I may be able to sue for 'loss of bargain', whatever that means.

If they ain't taken the money, you're looking at some tough luck.

Give them a dose of 'fuckoff' and buy your car from elsewhere.

 

[Wij]

If they ain't taken the money, you're looking at some tough luck.

Give them a dose of 'fuckoff' and buy your car from elsewhere.

But they ran it through Visa Debit. They tried to take the money. It can't happen for two days because that's how it works but they keyed it to take it, sent it to Visa and reduced my available balance. That leaves me in exactly the same situation as if I'd used my card in Asda and left the shop. There's no doubting I've paid there. They couldn't have done any more.

*fume*

 

[Nate]

at no point did i say anything on the contrary to that. im not sure what youre reading here.

I said NO ONIONS!

 

[Ch3tan]

Well Wij, as far as I can see you've satisfied the four requirements tris- laid out.

But have you got the time or the will to actually do anything about it?

 

[tris-]

didnt realise money had shifted. id say for certain there is a contract, and he hasnt performed his side. sue him.

 

[rynnor]

But they ran it through Visa Debit. They tried to take the money. It can't happen for two days because that's how it works but they keyed it to take it, sent it to Visa and reduced my available balance. That leaves me in exactly the same situation as if I'd used my card in Asda and left the shop. There's no doubting I've paid there. They couldn't have done any more.

*fume*

Was it a transaction or just a pre-auth? It could be a Dual Visa member which would mean the online side is just an advice and the money doesnt move until they settle at the end of the night in which case if they cancelled it same day the money would never move.

Its a grey area alright tho - it has a lot of the appearance of acceptance to me and should probably be enforceable in the courts.

Whats the limit on small claims court these days?

 

[DaGaffer]

didnt realise money had shifted. id say for certain there is a contract, and he hasnt performed his side. sue him.

Spoken like a true lawyer (and it's still a grey area this point, tris, welcome to planet not-college). If you're feeling principled, yes, sue him, you've got a good case. If you live on planet Earth, he's a ****, live with it, move on.

 

[Wij]

I've sent a letter outlining the dealer's responsibilities under the Distance Selling Regulations and how a Visa Debit transaction is enough to count as consideration in law. I stated that I would consider either reverting to the original deal or giving me the £1,000 difference under loss of bargain to be adequate compensation. Thrown in the odd reference to relevant trade bodies and codes of conduct and the OFT. End with a hope for amicable settlement and continued future business.

Just call me Morissey the Consumer Monkey !

 

[taB]

Sounds like a sensible move to me, hope you sent the letter registered post so he can't say he didn't get it

 

[rynnor]

Should CC it to Trading Standards.

 

[Lazarus]

or take a trip round his car lot squirting brake fluid over his lovely cars

 

[throdgrain]

Spoken like a true lawyer (and it's still a grey area this point, tris, welcome to planet not-college). If you're feeling principled, yes, sue him, you've got a good case. If you live on planet Earth, he's a ****, live with it, move on.

This is the right answer Im afraid.