Contract Hire Vehicle

[mcelec]

well i have contacted the bmw garage and they are adament that i must pay this charge regardless of me not having signed any paper work or the fact that i have never even heard of them as they are based in leeds, they have demanded payment within 7 days, got an appointment with cab on monday, contacted a solicitor and was told that it could cost me more in legal fees to fight it.. i feel like im being held at gun point because if i dont pay and they take legal action it will effect my credit rating

As norman said, contact trading standards, if you did all this over the phone or internet then it should be covered by distance selling and you can send it back anyway for a full refund.

Thats what i would of thought, however when i mentioned it to the pompus idiot at the bmw garage he said its not because it does not cover contract hire, when i asked him why he said for reasons he does not wish to discuss and if the invoice is not settled within seven days they will take legal action and hung up!

[Rich]

Sounds like they are talking rubbish, dont ask them anything and just speak to trading standards, they will tell you what you really need to know.

[Rich]

Hi Guys,

I Was considering contract hiring a bmw so i enquired with a company on the internet, this guy asked me to email him to confirm what colour etc i wanted, so i did, he then posted me some documentation which i never completed or returned but when i shoped round i found i could get the same vehicle almost

[Guest]

they have demanded payment within 7 days, got an appointment with cab on monday, contacted a solicitor and was told that it could cost me more in legal fees to fight it..

I would wait for them to start the process before bothering too much about it.

i have never even heard of them as they are based in leeds,

what ever happened to the tsi day out, I'am sure a track day was mentioned rather than seeing who got's the quickest van, lets see who can wangle the flashist motor as a demonstrator must the cheapest form of motor sport....... unless you prang it... then transportation back to the public road is require so you can push in a ditch to claim of the insurance

[Guest]

Sounds the actions of a desperate salesman.

In business you don't get the same sort of protection as if you were a consumer, including distance selling etc.. However if you are a Sole Trader or partnership you still may have rights, worth checking with a proffesional.

Verbal instructions are sometimes legally binding as I found out to my perill when I agreed to advertise on a wall planner. It could be argued that the fact you e-mailed the salesman telling him what colour you wanted implied you wanted it. The contract is obviously important but in the scope of a business deal is bizarrely meaningless. We have taken delivery of a van before the lease contract was returned. All costs etc were agreed via e-mail.

That said, what this garage is doing to you is big time wrong. I would do the following:-

Write to the MD of the dealership and tell him the same story you posted. Explain you have not agreed to any deal and put the ball in his court to prove you have (which he won't be able to). Explain that unless you receive a written apology and confirmation of cancellation you will escalate the problem to BMW and tell them about their sales tactics.

I wouldn't worry about your credit rating. This is only a consideration once you have taken delivery and the agreement is in force. No finance company will make an agreement live until the shiny vehicle is sat on your drive.

For a cancellation charge to become law, I reckon that you must agree to the companies terms of business, which you may not have done.

I hope this goes ok for you, I am sure it will.

Regards

Dave

[kensplace]

I would also contact BMW head office and let them know what is going on, make those people lose their licence/dealershit whatever they have.

Dont pay though, if you did not sign, you do not pay - simple as that. But Im not a lawyer

[Rich]

Has anything come of this?

Are they still demanding you pay?