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Car Dealer Mistake - Undercharged Me

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

  1. Marcus Warder

    Marcus Warder Member

    7 May 2014
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    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

    25 April 2014
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    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.
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    winston wolf likes this.
  3. winston wolf

    winston wolf Well-Known Member

    21 April 2014
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    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.
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    Sophea likes this.
  4. Sophea

    Sophea Guest

    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.

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