He came back and asked how £20,250.00 grabbed us and we were of course interested as there appeared to be an approx. saving of £3,000. The impression we were given was that £20,250 was for the entire deal and agreed to go ahead. The salesman pushed an order form in front of us that showed a price of £20,000 (we asked for the £250 to be taken off if we were to proceed there and then) Below the figure of £20,000 was listed the price of the three optional extras with no total at the bottom of the form. We thought that was right as we had been given the impression that £20,000 was all that we would pay.
I pointed to the optional extras asking the salesman to confirm that we were in fact getting these for nothing and he nodded his head in the affirmative. We signed his order.
I have picked out of your post the above extract as that
represents the point at which you contracted. Let's take this one stage at a time. It seems as though the salesman was talking about discount on the price of the caravan as there was no part exchange. Part exchange prices are never linked to the consumables such as the mover, superguard and Tyron Bands. So, the £20,250 was for the van. You asked for the additional reduction of £250 if you were to contract there and then You say that "Below the figure of £20,000 was listed the price of the three optional extras ". I take it that the invoice specified that the caravan was £20,000. Under that figure was the three extras each of which had a price against them. If I am correct the invoice specified a price for each item and thus the total, although not added together and filled in at the line marked "invoice total" was £21,530.95. Question: - Tell me if I am correct but did you sign an invoice which listed a price against the caravan and the three extras? If the answer is yes you are on a sticky wicket. You should have asked for the invoice to have had a price for the extras removed and a TOTAL inserted for everything at £20,000. However, we are where we are..... You say that " The impression we were given was that £20,250 was for the entire deal and agreed to go ahead. " Would it not be more accurate to say that the impression you had was that £20,250 was for everything, rather than that impression being "given"? Anyway, because of your "impression" you challenged the extras being priced up, by asking if those extras were for nothing. The salesman said nothing but just nodded and which you took to be his agreement that the full cost was £20,000. Question:- What actual words did you use to the salesman? Did you actually say "confirm that we were in fact getting these for nothing". If, for example you said "Is it £20,000"? The salesman may have thought that you were referring to the van becauue you had a discussion about the price of the van coming down. In his mind, as the extras were priced at no more than £1530 he may have thought that you must have been referring to the price of the van. For example, that the van was not going to be £20,000 plus 20% VAT. Once the salesman nodded you signed and it was at the point that you signed that the contract was made. Your discussions were negotiations leading to the contract. Once he nodded you had all that you needed to sign - other than the invoice costs added together and it was your decision, at the point of signing, not to have that arithmetic undertaken. So you signed for the van at £20,000, the extra at £1530.95. Yes you were mistaken, but if that was a unilateral mistake and not a common mistake made by both you and Wandahome the usual remedy is that the contract stands I am afraid. The reason being, in this case, is that the mistake was obvious. If the extras were free then the invoice should have said that. It becomes very difficult to argue that you were mistaken as to the value of the extras when you signed the invoice which had values against them and which were not "nothing". It is very very important in any contract dispute to be absolutely clear not only as to just what was said but as to what was understood being said. A lack of clarity in the questions can cause problems. Clearly, from what you have said you signed under a mistake. Did the Salesman make a mistake? He did not utter a word so proving a mistake on his part is virtually impossible. If both parties to the contract are mistaken as to a fact then the contract can be void and you can have your money.
You may be able to argue that Wandahome has calculated or
presented the price of the goods in such a way as to deceive and which is described
as a misleading practice by Regulation 5(2)(a) of the Consumer Protection From
Unfair Trading Regulations 2008. This kind of practice is prohibited by
Regulation 3(1) and classed as unfair by Regulation 3(3)(b). Regulation 9 makes
all of this an offence. Trading Standards has a duty to enforce the Regulations.
The maximum fine is £5000 with the potential of up to two years inside although
the latter is unlikely. The regulations do not entitled you to compensation, nor to have the contract set aside and your deposit returned. Your contract dispute with Wandahome would be decided on the basis of contract law and not the criminal law (the Regulations). Having said that, giving you your money back is cheaper than an investigation and potential prosecution by Trading Statdnards. However, I have to say that your evidence for Trading Standards is not the best it could be. The Misrepresentation Act 1967 may assist if you argue that you were deceived into contracting. The misrepresentation being that the extras were free. There are a number of challenges facing you though. 1. A misrepresentation usually has to be verbal. 2. You signed a contract which indicated a price for those items. 3. You have to be able to show that you relied upon the salesmans misrepresentation. Your remedy under this would be damages - a reduction in the purchase price down to what you thought it would be. You would not normally expect to get the whole contract rescinded. So, sadly the odds are rather stacked against you, I am afraid, on the basis of your post so far. Is there any other information that you have omitted and which may assist? Phil
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If you're not on a fell your wasting your feet and for 2014 it's.......Feb Castleton Mar North Yors Moors; Apr Sutton on Sea; May Thirsk; Jun Clapham/Riverside (Lakes); July Wharfedale; August Crakehall; Sept Knaresborough; Oct Wirral Park/Clitheroe
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Topic: Wandahome
