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Old 04-07-2003, 20:50   #1 (permalink)
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After my pleasant experience with purchasing a car from Southside Ford in Brisbane, I attempted to convince my friends to also purchase a Focus from them. Unfortunately they went to a dealer who was closer to them and who, at this time, shall remain nameless.

Here's the problem - after signing a deal with the dealership and Ford Credit, they have now been advised that the deal was calculated incorrectly and they want them to pay an extra amount in excess of $2,000. I told them to tell them to stick it and get their $500 deposit back. No, no no, the dealer will NOT be refunding the deposit even though they are the ones who are breaking the original contract. Apparently it is in their contract that they do not have to refund the deposit even if they break the contract. The so-called 'Manager' of the dealership refuses to even speak with my friends.

Now I can understand that if you make a mistake of a couple of thousand dollars, you should be able to re-negotiate the contract, but to not refund a deposit when it was your fault is immoral. If they insist on this line then FORD will lose a sale - they will buy a Corolla instead - and possibly many more from word of mouth.

I am hoping someone on this forum can assist with advice as to what avenues may be available (other than Fair Trading). Or if someone at Ford can find it within themselves to rectify the sistuation. The dealer has lost the sale but they would really like a Focus so I would take them to my mate at Southside Ford.

Any help appreciated.

Bamma.
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Old 04-07-2003, 20:56   #2 (permalink)
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Name them. That way your friend can point out that his $500 has just bought an awful lot of negative advertising for the dealership.
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Old 04-07-2003, 21:03   #3 (permalink)
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Please PM me ASAP regarding the dealership as i am looking for Ford dealers in Brisbane on prices for a XR6T. If you can't please tell me which surburbs it's near? or something at least.

Oh yes they have no right to keep the deposit. Tell them to speak to the Managing director or equivalent thereof and if the still don't refund it ring Geoff polites!
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Old 04-07-2003, 21:09   #4 (permalink)
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I don't know is calling Geoff Polites is going to change things.

While he is the President and all he or Ford don't own the Dealership.

Seems pretty simple here though - your friend has the car, the Dealership won't co-operate but want $2,000 from them - just ignore them!
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Old 04-07-2003, 21:12   #5 (permalink)
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You never know he might just help (even though might be stretching it a bit)
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Old 04-07-2003, 21:38   #6 (permalink)
 
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Well if they insist on exercising their right to break the contract and keep the deposit, simply exercise your right to enforce the original contract, and take the car for $2000 less
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Old 04-07-2003, 21:46   #7 (permalink)
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All depends what was written in that small print of the contract. See a solicitor and have a demand of payment drawn up.
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Old 04-07-2003, 21:52   #8 (permalink)
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Apparantly there is a clause in the Ford Credit contract that states they have the right to 'void' the original contract and keep the deposit. What gets me is that if you or I 'voided' their contract we are up for 10% of the purchase price.

It sounds to me like they couldn't match the deal I got with Southside, so they fudged the figures to get the signature and are now renegging on the deal. There is no honour amongst theives.

Bamma.

P.S. I will be revealing the dealer soon if 1 last avenue turns out to be a dead end.
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Old 04-07-2003, 22:10   #9 (permalink)
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Wouldn't the deposit be made with the Dealer not the finance company?

Is there a crossed line here?

I would suggest you get legal advice.
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Old 04-07-2003, 23:06   #10 (permalink)
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Department of Fair Trading (or QLD equivalent) and the MTA need phone calls on this in my opinion.
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