On 16 Oct 2016, I submitted an inquiry regarding a new Mazda 3 SP25 GT BN series on the website of Private Fleet. On 17 Oct, the sales representative called me. I told him over the phone the car I wanted was a Mazda 3 SP25 GT BN series' most recent model. He came back with a few prices.
Yesterday afternoon, he told me over the phone the final price for a Mazda 3 SP25 and asked for my credit card details. He did not emphasize the model and made me assume that the quoted car was the same as the one I instructed him to seek out during our first phone call. He then debited my credit card before he sent the required paper work without my consent.
I waited for 20 minutes for the paperwork and chased him. Later, an email came with an attached New Vehicle Purchase Agreement. After I saw the agreement, I called him straight away to point out that the car on the agreement is not what I instructed him to buy. He refused to refund the deposit and said I have confirmed the purchase over the phone.
I emailed to the managing director and requested the recording of my first conversation with the sales representative. His reply is "the only calls recorded are the confirmation calls".
I wasn’t allowed enough time to listen or read the agreement, ask questions or get advice. The agreement was sent to me after they had debited my credit card. They failed to disclose key contractual terms such as there is no cooling off period. They refuse to refund.
I was told that if I want to buy the GT model via them, an extra $4300 will be added on top of the $28510 price they quoted, a price much dearer than other dealers’.
Can I get my money back on the following ground?
The conduct of the broker is misleading, deceptive and unconscionable for the following reasons:
1. The broker failed to disclose (a) whether the motor vehicle broker has a financial or other business relationship with the supplier of a motor vehicle in relation to which the services are provided, and (b) whether the motor vehicle broker receives a fee or other consideration from the supplier arising out of the provision of those services. (3) The disclosure must be made before the motor vehicle broker provides services in that capacity. (Motor Dealers and Repairers Act 2013-Sec 103)
2. The broker failed to disclose key contractual terms such as there is no cooling off period. The agreement was sent to me after they debited my credit card and after I chased for the agreement.
3. As a customer who rarely buys a car, I wasn’t allowed enough time to listen or read the agreement, ask questions or get advice before the deposit and the service fee was taken out from my credit card.
4. The broker can only provide the recording of their so called confirmation conversation, but not the first conversation during which I specified the correct model I wanted to buy. This fact suggests that the broker’s negligence in looking after a customer. It may also point towards the fact that the broker was lying about the specifications I gave them.
5. In the agreement they sent me later, there is no identification number of the particular car they want to sell.
6. It is impossible for me to obtain a written quote from another dealer as suggested by the broker, because the dealers refuse to give written quote for commercial competition reasons.
Yesterday afternoon, he told me over the phone the final price for a Mazda 3 SP25 and asked for my credit card details. He did not emphasize the model and made me assume that the quoted car was the same as the one I instructed him to seek out during our first phone call. He then debited my credit card before he sent the required paper work without my consent.
I waited for 20 minutes for the paperwork and chased him. Later, an email came with an attached New Vehicle Purchase Agreement. After I saw the agreement, I called him straight away to point out that the car on the agreement is not what I instructed him to buy. He refused to refund the deposit and said I have confirmed the purchase over the phone.
I emailed to the managing director and requested the recording of my first conversation with the sales representative. His reply is "the only calls recorded are the confirmation calls".
I wasn’t allowed enough time to listen or read the agreement, ask questions or get advice. The agreement was sent to me after they had debited my credit card. They failed to disclose key contractual terms such as there is no cooling off period. They refuse to refund.
I was told that if I want to buy the GT model via them, an extra $4300 will be added on top of the $28510 price they quoted, a price much dearer than other dealers’.
Can I get my money back on the following ground?
The conduct of the broker is misleading, deceptive and unconscionable for the following reasons:
1. The broker failed to disclose (a) whether the motor vehicle broker has a financial or other business relationship with the supplier of a motor vehicle in relation to which the services are provided, and (b) whether the motor vehicle broker receives a fee or other consideration from the supplier arising out of the provision of those services. (3) The disclosure must be made before the motor vehicle broker provides services in that capacity. (Motor Dealers and Repairers Act 2013-Sec 103)
2. The broker failed to disclose key contractual terms such as there is no cooling off period. The agreement was sent to me after they debited my credit card and after I chased for the agreement.
3. As a customer who rarely buys a car, I wasn’t allowed enough time to listen or read the agreement, ask questions or get advice before the deposit and the service fee was taken out from my credit card.
4. The broker can only provide the recording of their so called confirmation conversation, but not the first conversation during which I specified the correct model I wanted to buy. This fact suggests that the broker’s negligence in looking after a customer. It may also point towards the fact that the broker was lying about the specifications I gave them.
5. In the agreement they sent me later, there is no identification number of the particular car they want to sell.
6. It is impossible for me to obtain a written quote from another dealer as suggested by the broker, because the dealers refuse to give written quote for commercial competition reasons.
