Sale or Return experience with a London based company

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slay

Member
Messages
409
dgmx5 said:
@slay , if the contract was that the London Co sell the car and that they will be paid £y to include commission and disbursements for the sale such as detailing, warranty etc and then they sell for £x but disclose they sold it for £x-2,000, then on the face of it they have made a fraudulent or neglugent misrepresentation to you, or are in breach of the terms of the contract.

As the sum involved is considered a small claim, I would suggest writing a letter before action explaining why you believe they have failed to pay over £2,000 as agreed in the contract, and give them 28 days to either pay or give their reasons why they consider they are entitled to retain the monies.

The advantage with a small claim is that legal costs are generally very limited as to what can be recovered, unless there is a clause in the contract where you indemnify the London Co for their costs if you bring an unsuccessful action against them.

There is no need for you to incur legal costs on such a matter.

If a claim is still necessary, it can be easily lodged through the Money Claim Online website. Feel free to PM me if you require any assistance.
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Thanks for the advice @dgmx5 , I was thinking of doing exactly that.

The sales director called me (probably because the review I left on Google) and tried to explain this away as "miscommunication" and how returning the 2k would mean that they made a loss on the sale ...etc. He then "reluctantly" offered me a 2k credit for future service - I doubt I would ever use them again, so pointless really.

Thanks for the suggestion, I will write to them to demand the return of £2k, I think filing of a small claim would require some efforts and communications to try and resolve the issue.

I don't want to be harsh on them, but they need to know this kind of tactic is not acceptable, I am sure many others have suffered from the same tactic but never knew about it.
 
S

slay

Member
Messages
409
dickygrace said:
@slay glad you managed to find out the sale price. I’ve viewed the car, it is certainly not neglected; it can be made into a good one but not easily, which is why I walked away. Needs a deep polish and a fair amount of difficult paintwork as all the plastics have been painted. It requires tints removing and aftermarket rear suspension removing but the owner has all the OEM parts. As some have said, naming the company is awkward for legal reasons. It’s fair to point out who it wasn’t, as many could jump to conclusions as it’s a Maserati in London; it wasn’t Nuvola.
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Oh no, definitely not Nuvola, they have a pretty big showroom (so located in outskirt of London to have this amount of space) with lots of McLaren and even an Enzo Ferrari there, one reason why I was convinced!
 
DaveT

DaveT

Member
Messages
2,831
slay said:
Oh no, definitely not Nuvola, they have a pretty big showroom (so located in outskirt of London to have this amount of space) with lots of McLaren and even an Enzo Ferrari there, one reason why I was convinced!
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Know of the dealer but never dealt with them. Sorry to hear this and hope you get some acceptable redress.
 
lifes2short

lifes2short

Member
Messages
5,837
as already mentioned by others MCOL, takes no more than 10 minutes to lodge a claim and with the evidence you have i'm 100% sure you have a cast iron case, they simply have no defense
 
Saigon

Saigon

Member
Messages
778
dickygrace said:
@slay glad you managed to find out the sale price. I’ve viewed the car, it is certainly not neglected; it can be made into a good one but not easily, which is why I walked away. Needs a deep polish and a fair amount of difficult paintwork as all the plastics have been painted. It requires tints removing and aftermarket rear suspension removing but the owner has all the OEM parts. As some have said, naming the company is awkward for legal reasons. It’s fair to point out who it wasn’t, as many could jump to conclusions as it’s a Maserati in London; it wasn’t Nuvola.
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Excellent point about pointing out who it wasn’t.
 
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