Australia's #1 for Law

Join 150,000 Australians every month. Ask a question, respond to a question and better understand the law today!

Car Dealer Mistake - Undercharged Me

Discussion in 'Debt and Bankruptcy Law Forum' started by Marcus Warder, 7 May 2014.

Tags:
  1. Marcus Warder

    Marcus Warder Member

    Joined:
    7 May 2014
    Messages:
    1
    Likes Received:
    0
    Hi!

    I've recently bought a car from a 2nd hand car dealer. I paid a $1000 dollar deposit on the car with assurance that the car had been serviced. Prior to purchase I wasn't provided with a service receipt like he promised. I then found out he hadn't got it serviced.

    The dealer then charged me the rest which was supposed to be $3000 on my card. Instead he charged me $3 on my card by mistake obviously. There is a contract signed and a receipt signed for the full amount of the car including the deposit ($4000). The car is also now registered to me.

    I only found out the payment of $3 occurred today. Legally, do I have to go back and pay the rest?
     
  2. Worldly1

    Worldly1 Well-Known Member

    Joined:
    25 April 2014
    Messages:
    137
    Likes Received:
    29
    I think you should let them know that they undercharged you. Your contract states the actual amount you were meant to pay and you have not paid it (albeit due to a couple of zeros being left off by mistake). You can’t rationalise this mistake morally (or legally) as a Monopoly “bank error in your favour” situation.

    Perhaps you can arrange a further discount with the dealer for your prompt honesty and the servicing debacle.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    winston wolf likes this.
  3. winston wolf

    winston wolf Well-Known Member

    Joined:
    21 April 2014
    Messages:
    379
    Likes Received:
    106
    I wold say that the balance would be recoverable and when they realise they will come looking.
    May I suggest, you call them and suggest that you can come in and pay the balance when you are collecting the care after the service:)
    If they pass you debt to a collection agency it could cost them more than the service.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...
    Sophea likes this.
  4. Sophea

    Sophea Well-Known Member

    Joined:
    16 April 2014
    Messages:
    2,400
    Likes Received:
    369
    I agree with Mr Wolf, they will realise and come knocking at a less convenient time. Definitely with hold the balance until you get the service they promised. And make sure when you go in, you have all your ducks in a row in terms of paperwork, receipts, contract etc.
     
    Stop hovering to collapse... Click to collapse... Hover to expand... Click to expand...

Share This Page

Loading...
gt;