Help, I am furious,

[Fidge]

I signed a contract with Continental Leisure Vehicles of Cross Hands Wales for them to sell my motorhome. This was in May.The agreed price for me to receive was 33k. Since then I have received one phone call from the saleman about five weeks ago saying that the van wasn't moving ( which is probably because they has massively overpriced it at 43k) and they would be likely reducing the price to 35k /36k and I would have to reduce my asking price of 33k. I queried this as Ididnt feel I should have to take a loss as the contract had been signed.. I got a lot of flannel off him about their costs etc and in conversation said the least I would take anway was 31.5k. I did NOT agree to accept that price, and as our written contract was never altrered I thought no more about it. I discovered by looking on their websiteabout three weeks ago that the moho had been
sold, their asking price was 38.995k. I had not been I formed of the sale. I rang the saleman I had been dealing with who said very sarcastically, 'oh you've been looking on line have you', he then told me it would be a couple of weeks before everything was confirmed and he would ring me. I told him that would be unacceptable as I was leaving for Australia in a couple of days (which he already knew) and that we would have to communicate via e mail. I said I was looking forward to the 33k in my bank account. I asked him to send me his email address to which I replied ( to make sure there were no address mistakes) once again saying I was looking g forward to receiving the 33k.
I did not receive any more communication from him, but a few days later I checked my bank account to find that I had been paid 31.5k for the sale my van. I emailed the salesman immediately and asked him to rectify this mistake as I had never agreed to a reduction in price either verbally or in writing. The contract I signed with Continental states changes to the monies agreed can only be done by written agreement, He has never replied to my e mail which was sent seven days ago. Has anyone else ever been in a similar situation or have any suggestions as to what my option are now. Surely this is theft? This has all come on top of other stressful situations at the moment and it feels even more difficult as I am in Oz. This is the firm I originally bought the van from and who have done lots of work on it over the years. To say I feel let down is an understatement. Sorry this is so long

 

[Jake Royd]

I think the only/best way to address this will be in person when you get back from Oz.
You will have a list of the emails sent.
A recorded delivery letter may also be a good option , requesting the balance, sent now from where you are.

You have in writing the agreed price.

 

[Lenny HB]

Could you raise a small claims court claim online?

 

[Alfie159]

Basics of contract law- small claims online and that will shift em and few small given the amount and it’s simple process to use - best of luck

 

[rb62]

Not wishing to sound cynical but it's an amount to make you think twice about taking professional advice so as has been said small claims court is the way to go.

Make a court claim for money

How to take legal action if someone owes you money (small claims court), how much it costs, what happens next. Includes information from withdrawn guidance EX303, EX304, EX306, EX321, EX325 and EX350.

www.gov.uk

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[The Wino]

I think the first thing is a brief resume of your post stating as you say that although you discusses the asking price being reduced you never agreed to a reduction either verbally or in writing. Say you want the difference and that you will follow the small claims procedure if they haven't paid by a certain date.

 

[CamperJack]

Small claims court is the way to go.

When I paid for solar panels that never arrived I gave up after a couple of months. There was no communication. I called them three times a day for months, sent emails, messages on Facebook etc. All totally ignored.

One afternoon I wrote an email to them telling them I had reported them to trading standards, and started a claim with the courts.

Then I wrote about my experience all over their social media posts - Facebook page, Instagram, in the comments of every one of their YouTube videos etc.

Left them a scathing review on trust pilot.

About two hours into my campaign of telling the world I got a phone call telling me they had transferred all my money to me.

Then they asked me to remove my comments and review. Erm.... No!

Just be accurate, give dates and don't make anything up. That could go against you.

 

[The Wino]

Small claims court is the way to go.

When I paid for solar panels that never arrived I gave up after a couple of months. There was no communication. I called them three times a day for months, sent emails, messages on Facebook etc. All totally ignored.

One afternoon I wrote an email to them telling them I had reported them to trading standards, and started a claim with the courts.

Then I wrote about my experience all over their social media posts - Facebook page, Instagram, in the comments of every one of their YouTube videos etc.

Left them a scathing review on trust pilot.

About two hours into my campaign of telling the world I got a phone call telling me they had transferred all my money to me.

Then they asked me to remove my comments and review. Erm.... No!

Just be accurate, give dates and don't make anything up. That could go against you.

Yes be careful not to let the red mist affect what you write it needs to just cover the facts not any feelings

 

[dunnah01]

Honestly don't know but is is your verbal agreement to £31.5k not usually considered legally binding?

 

[CamperJack]

This might give you an idea.

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[sueandjohn]

IMHO don’t muddy the waters and stick to the simple fact
“The contract I signed with Continental states changes to the monies agreed can only be done by written agreement,”

Nothing was signed to waver the agreed price . Send a letter before action and then small claims court . All can be done ftom Australia

 

[EuroTrotters]

Another vote for small claims court

 

[chaser]

In this day and age, what is £1500, in my opinion they have gone down £4000 on their selling price so you havnt done so bad, I would just take the money and be thankful it's gone, what's one and a half thousand against all the stress and mither of lawyers and courts and things.
As I said,just my opinion, you do what you think.

 

[Emmit]

Read up about making a claim via the Small Claims Court.

One thing I learned from this is that you have to send the Company a
"Letter before Action"

This is a letter which outlines in essence why you are going to Court.
It gives the Company a specified time to pay you back what they owe you,
(usually a week or a fortnight)

In my case, (there's a pun there as I was arguing with BA about a smashed suitcase)
I was lucky in that Truro County Court is a long way from Heathrow.
They didn't want to engage someone to speak for them.

Although your opponent is relatively local, they wont want to appear either
because it lays out to their local market to find out about their bad business practice.

Good Luck

 

[Dunslow]

IMHO don’t muddy the waters and stick to the simple fact
“The contract I signed with Continental states changes to the monies agreed can only be done by written agreement,”

Nothing was signed to waver the agreed price . Send a letter before action and then small claims court . All can be done ftom Australia

The "Letter before action" can be an outcome decider at small claims court. Stick only to facts, quote the contract "... changes to monies agreed can only be done by written agreement", SEND RECORDED AND KEEP AN HARD COPY, NOT ONLY DIGITAL and the proof of delivery and receipt. That can all be done from anywhere in the world. I would say best of luck, but I think you don't need luck. Bang to rights. keep us informed of your progress.

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[Dunslow]

In this day and age, what is £1500, in my opinion they have gone down £4000 on their selling price so you havnt done so bad, I would just take the money and be thankful it's gone, what's one and a half thousand against all the stress and mither of lawyers and courts and things.
As I said,just my opinion, you do what you think.

Really? Really? No lawyers need to be involved, letters and a court appearance to verify facts and answer any questions (a no show and you'll likely loose). [Chaser, I'll PM my address and send me £1500, or I'll get lawyers and courts and THINGS].

 

[Langtoftlad]

1. Be happy that £31.5k is in your bank account and that you're not chasing after that.
2. Small claims court process is a relatively simple process but it does take a bit of time - and you do have to follow the procedure, such as recorded delivery letters and time intervals/deadlines to allow them to respond. Monetary costs are minimal. Sometimes the "threat" of small claims is enough, and the first letter also concentrates the mind.
3. All depends on how 'wronged' you feel, and whether you can 'let it go'?
4. Enjoy Australia, take your wellies [depending on where you're going]

 

[chaser]

Really? Really? No lawyers need to be involved, letters and a court appearance to verify facts and answer any questions (a no show and you'll likely loose). [Chaser, I'll PM my address and send me £1500, or I'll get lawyers and courts and THINGS].

You send me £31,500 and I'll gladly send you fifteen hundred.

 

[Dunslow]

4. Enjoy Australia, take your wellies [depending on where you're going]

Read;- Waders / Snorkel

 

[Dunslow]

You send me £31,500 and I'll gladly send you fifteen hundred.

According to the theme of the thread, You send me £33,000.00 and I'll send back £31,500.00 (And I'll not involve letters, or delay once funds clear)

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[Carpmart]

You don’t need small claims yet. Just write to them formally, with a short clear and concise chronological sequence of events, quote the contract and be very clear that you have not had nor have you agreed a variation to this contract, so they are in breach.

Clearly call out there are easy remedies you can employ, including small claims if required.

 

[CazPaul]

In this day and age, what is £1500, in my opinion they have gone down £4000 on their selling price so you havnt done so bad, I would just take the money and be thankful it's gone, what's one and a half thousand against all the stress and mither of lawyers and courts and things.
As I said,just my opinion, you do what you think.

It’s £1500 if you just let them take it when the paperwork says otherwise then they will continue to do it to everyone and get away with it.

You could probably get another van for that price, I’m confused, sometimes you come on saying you haven’t got 2 halfpennies to scratch your backside then you’re saying £1500 is not worth bothering about.

It’s the principle for me, if they wanted him to take less they should have sent something to say this for him to sign and send back, it’s the professional way to do it.

 

[pampam]

Phew that horrible anxious, furious, angry ,frustrated, feeling, you have my deepest sympathy, been there got the tee shirt for quite a lot more monies, one reason my hubby is reluctant to enter motorhome world again

 

[Fidge]

Thank you for all your replies and I will investigate using the small claims court, though my presence in court would be impossible as I will be in Oz until Christmas, a fact that the saleman knew as we had chatted about it, and how that would not affect the sale of my van!! I know 1.5k isn't a huge amount of money, although it's not small change to me either. It's the principle of the thing that is so wrong, in my opinion they have broken their own contract and blatently stolen money from me. I wonder how many other people they have done it to. I will post on any progress.

 

[Carpmart]

Thank you for all your replies and I will investigate using the small claims court, though my presence in court would be impossible as I will be in Oz until Christmas, a fact that the saleman knew as we had chatted about it, and how that would not affect the sale of my van!! I know 1.5k isn't a huge amount of money, although it's not small change to me either. It's the principle of the thing that is so wrong, in my opinion they have broken their own contract and blatently stolen money from me. I wonder how many other people they have done it to. I will post on any progress.

Excellent. Strong clear letter to start and see where you get!

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[chaser]

It’s £1500 if you just let them take it when the paperwork says otherwise then they will continue to do it to everyone and get away with it.

You could probably get another van for that price, I’m confused, sometimes you come on saying you haven’t got 2 halfpennies to scratch your backside then you’re saying £1500 is not worth bothering about.

It’s the principle for me, if they wanted him to take less they should have sent something to say this for him to sign and send back, it’s the professional way to do it.

Not talking about the principal which you might be right on, they should have asked him if they could sell it at that, and you are also right I havnt got that sort of money but if I was selling something for £3300 I would consider a £150 reduction ok to get rid.
And don't forget this firm had factored in a commission to sell it and they are down £2500 on the deal.

 

[CazPaul]

Not talking about the principal which you might be right on, they should have asked him if they could sell it at that, and you are also right I havnt got that sort of money but if I was selling something for £3300 I would consider a £150 reduction ok to get rid.
And don't forget this firm had factored in a commission to sell it and they are down £2500 on the deal.

They might be down £2500 on the deal but have still made £7495 from selling his van, sold for £38995 and he gets £31500. The £2500 you say they are down would have put their profit at £10,000.

The contract said the money agreed cannot be changed unless it’s in writing.

 

[mitzimad]

It’s £1500 if you just let them take it when the paperwork says otherwise then they will continue to do it to everyone and get away with it.

You could probably get another van for that price, I’m confused, sometimes you come on saying you haven’t got 2 halfpennies to scratch your backside then you’re saying £1500 is not worth bothering about.

It’s the principle for me, if they wanted him to take less they should have sent something to say this for him to sign and send back, it’s the professional way to do it.

his down to his last 5 tractors
you ever see a farmer on a bike

 

[TheBig1]

One interesting point to add to a letter before action is to clearly state that should this progress to court, you will be rightly requesting travel costs to attend any court hearings..... From Australia and back. You are allowed to request genuine out of pocket expenses on top of the claim plus interest from the time the monies became payable set at the Bank of England base rate

I have had to use the small claims court myself and won each time. Badly run businesses are a pet hate and they rely on most people not taking the time and effort to challenge them in court

 

[monzer]

You slipped up a little bit by mentioning the fact the lowest you would take would be 31.5K but if the contract says any change in price must be in a written agreement, I reckon you're good. He's probably just chancing it not expecting you to kick up much of a fuss.

He'll fold like a pack of cards.