Being stung by german dealer

Discussion in 'Motorhome Chat' started by Patrick, Nov 10, 2008.

  1. Patrick

    Patrick Read Only Funster

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    I don't know if anyone has ever bought a second hand van in Germany but I feel I have been stung by the dealer.

    I went over to view a Niesmann + Bischoff Flair 7100 iTA JTD at

    Autohaus Pauli GmbH
    Caravaning Handelsbetrieb
    Lenneper Straße 152
    42855 Remscheid

    I left a deposit of 500 Euro as I hadn’t been able to drive the van at the time due to it being boxed in. I wanted to cancel the van purchase a few days later and was told, if I did, I would have to pay 10% of the full sales price which amounted to 4200 Euro to cancel.

    This was never explained to me when I left a deposit and as the receipt was all in German I couldn’t read it. I thought I would have to loose the deposit but to get a reply to my email saying…YOU MUST PAY!

    Has anyone else ever heard of this??????

    Patrick
     
  2. Geo

    Geo Trader - Funster

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    In UK Law and possibly EU law too, a deposit is a contract to buy, the only way you could pull the deal is to find some part of the deal that had fundamentally changed and had therefor been broken by the dealer

    Such as If the deposit was subject to test drive and the test drive failed to meet expectations, or had shown up faults not declared or
    he failed to honour an agreed price on any part exchange etc

    if not then In the uk a dealer could then go on to sell at a loss to somone else and claim the differance from you I believe
    maybe this is a German way of dealing with a change of heart
    Maybe Peter From JohnCross could answer this better
    Geo
     
  3. Patrick

    Patrick Read Only Funster

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    Ok Thank's Geo! I will PM him and see what he says!
     
  4. ShiftZZ

    ShiftZZ Funster Life Member

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    I suspect a lot may depend on what you have signed, it may be a good idea to have it translated.
     
  5. Maddie

    Maddie Read Only Funster

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    It is German law that if you sign and then cancel, you'll have to pay 10 %.
    I know this as this has happened to friends of ours. They did not take me up on the offer of translations :Doh:
    Unfortunately if you sign, that is it. Does not matter where in the world you are.

    So sorry.


    Maddie
     
  6. Road Runner

    Road Runner Read Only Funster

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    Only Patrick:Doh:

    Wars have started for less:Laughing::Laughing:

    Hope you get it sorted mate:thumb:
     
  7. dazzer

    dazzer Read Only Funster

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    Tell them to get stuffed and walk away (less your 500 euros :cry:). I doubt they will take it any further and if they do ignore it :thumb:
     
  8. Johns_Cross_Motorhomes

    Johns_Cross_Motorhomes Trader - Motorhome & Accessory Sales

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    Hi,

    It does depend on what you signed and if there were any stipulations as said previously, and if the terms of the contract were explained to you in plain english at the time of signing.

    if this happens to us, we just shrug and keep the deposit with the proviso if he then comes back later we will put the deposit towards the one he then buys from us.

    If however it was for a special purchase, ie brand new special factory order aand he came back when the van was actually being built and down to us, then we would no doubt get a bit arsy unless he had a very good reason like health for not keeping his word.

    Peter
     
  9. pappajohn

    pappajohn Funster Life Member

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    man after my own heart ,dazzer.....:thumb:
     
  10. Patrick

    Patrick Read Only Funster

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    They didn't expline anything about the 10%. I couldnt have a test drive because it was all boxed in and i had to get back to the uk so could not wait till the next day. I wrongly assumed that because i had not drove it i would be ok to cancel as i had only put a depo down to reserve the option, I would enter in to a contract once i was happy with everything.

    I wish i had found someone to ranslate the paperwork when i was there! all a bit late now!

    I would just walk away but if they do come after me they can just place a charge on my house.
     
  11. Johns_Cross_Motorhomes

    Johns_Cross_Motorhomes Trader - Motorhome & Accessory Sales

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    To place a charge on your house as far as I am aware they would have to come to the UK and obtain an English Court Order and frankly it would not be worth the effort.

    I stress OBTAIN, they would have to prove their case and under the unfair contracts legislation, ie. no test drive, contract in foreign language, terms not explained, in my humble opinion I doubt very much if an english judge would find in their favour.

    Regards
     
  12. jacken

    jacken Read Only Funster

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    I put a charge on some-ones house once. She owed me £4,000 and had received the insurance cheque but spent it on other things. 5 years down the line she sold her house and I got my money.

    ken
     
  13. eddievanbitz

    eddievanbitz Trader - Funster

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    What a situation to be in! People complain all the time about "rip off Britain"

    If you are really worried about it, and you are sure that the purchase was "subject to a satisfactory test drive" why not speak to them. Explain that you did not understand that you were liable for 10% of the purchase price. Ask why this wasn't explained at the time you signed the contract, when you were asked for only a 500 Euro deposit.

    As the "deposit" they asked for was subject to a satisfactory test drive, explain that you "don't drive much so the driving is done by the family, and you are willing to bring your Wife and Son and Daughter in Law along and carry out the test drive (I am sure that the contract does not state who has to undertake the "satisfactory test drive" So long as they find it satisfactory, you will continue with the purchase, if they don't you will expect the 500 Euro deposit back as per the agreement.

    Finish by explaining that you will fully understand that if they are unhappy about inexperienced drivers test driving their vehicle and that you feel that the vehicle will be unsatisfactory due to the size, that they may wish just to keep the 500 Euro deposit and call it a day, especially given that the chances of getting a judgement in an English Court, based on a contract that would be considered unfair in English Law, would be non existent

    I hate when consumers, simply change their minds and expect the trader to take the financial consequences, justifying it by suggesting that traders deserve it, but to try to retrospectively claw back 10% of the purchase price on a second hand vehicle seems a bit rich IMO

    Regards

    Eddie
     
  14. Rose Royce

    Rose Royce Read Only Funster

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    Just shows-don't agree to things you don't understand!
     
  15. Road Runner

    Road Runner Read Only Funster

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    Best way to start with and very balanced advice
     
  16. Maddie

    Maddie Read Only Funster

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    Had a quick word with my dealer in Germany but he has never heard of him.
    Also had a quick look on German forums to see whether somebody has had bad experiences with them but can't find anything.

    Good luck

    Maddie
     
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