[djk88]

Hi Everyone,

Just wanted some opinions on this!

On purchasing my Juke I part exchanged my old motor, left a cash deposit etc. On collection I took part cash and the remainder of the balance was taken from my debit card, this was about 3 weeks ago. Today Ireceived a call from Nissan accounts, apparently the computer undercharged me and did not take the full amount it should have from my debit card. They arenow asking for me to go back to the garage and pay the remainder.


I know morally I shoud but legally do I have to (it was them who made the error not me)?

 

[silverjuke]

Legally you do.
You received the goods and so have to pay for them. If their error causes you hardship eg if you had spent the money not realising it wasn't yours to spend, you would be within your rights to expect to be able to pay it over a few months. If you have still got the money and would reasonably be expected to know it hadn't been paid over, you need to pay it now.

 

[Stormrider]

Actually, not sure it's as simple as that. If they charge your card, that's an agreement of a sale, and so you could leave it at that. Morally, I would pay the rest!

 

[...]

can't answer for legal aspect morally you should, but think on this
who are you going to turn to if you have a problem, surely you wont be expecting the same garage to rush to your aid.

 

[ian]

if they hadn't spotted the mistake then i guess you wouldn't have to pay it but I think the law states you cant profit from someone s mistake also did you know if you had been undercharged at the time. when i spend between 15and 20 grand on a new car I would have known to the penny what i was paying after my part exchange. On the other hand if they had overcharged you and you didn't realise at the time I'm sure when you discovered the over charge you would have been back to the dealers quick smart.I'm sure you wouldn't expect the dealer to say sorry to late its not our fault were keeping your money.

 

[feefeeglasgow]

Oh - I dont know - perhaps you should contact Citizens advice on this one....

If the car was agreed at a price and that price was wrong - its their fault!!!

If they took the incorrect money for an agreed price then I would have said its then up to you to pay the outstanding balance... and I do agree with previous posts - you may need your dealer...

Good luck!!!!

 

[salesmanager]

The price you pay is stated on the invoice and any balance due will be stated on that document.
If you underpay you will still be liable to pay any outstanding monies due. The Invoice / ordershould have all the terms and conditions on the back. If they have miss-priced the car on the invoice / order form which should have been signed by both parties, then looks like its down to them.