Just go in get your $1000 and walk back out. How hard is that. The dealer hasn't got a leg to stand on.
emmerson1,
Jan 6, 10:56am
Now I'm not saying this dealership is like this, but there was a story about a dodgy second-hand dealer / finance company on Fair Go who sold one car like eleven times.
Their deal was to hook people up on finance they couldn't afford, repossess the car and make most of their money from fees and finance penalties. The 'finance' company would sell the car back to the dealer for some ridiculous price, e.g. $50 and they would sell the car again to someone else.
twincam1,
Jan 6, 11:12am
ok, she has shown me the VOSA, and it only has $1000 deposit paid, remainder $44,000 remaining , special condition: Subject to finance. Nothing outlining repayment details.
edit to add more the dealer doesnt have the vehicle in his yard yet, once everything was done, he would have contacted their head office and bring in the vehicle, register it get it ready for her to take delivery, all this by end of this month, If dealer is saying, ohh I've incurred a loss from this sale since i took the vehicle off the market and prepared it for you, then that isn't true.
Tbh, I think that it could be a $1000 lesson in the end for her since she is the one that signed the agreement. If this is correct or you are not giving us the full info, the dealer cannot hold that $1000.
thejazzpianoma,
Jan 6, 11:57am
I would hazard a guess that given the dealers attitude towards your sister in law changing her mind, that she was probably coerced/pressured in to signing up there and then. Given she asked and they told her she could change her mind and get her deposit back she probably thought "what's the harm?"
I would also not be at all surprised if this is all standard practice for how that sales person operates. If so, it's time they were dealt to, sure your sister in law should have been savy enough not to sign, but the same should not have to be expected of an elderly person or someone who has a mild mental affliction etc. I like to think that it's the duty/responsibility of those of us who are capable of calling out such despicable behaviour, to do our best to expose and remedy the situation so that those less capable are not taken advantage of.
Bottom line is, if it's as you have been told, that sales person is acting unethically and more than likely in breach of the law.
edbabynz,
Jan 6, 5:35pm
I purchased a new vehicle from a very prominent dealership in Wellington last year. The salesman was awesome and the DP came over for a chat as well and that was cool. I went and saw the "guy that takes the money" and he asked for 7k deposit which was fine. It was only after the eftpos transaction went through he proceeded to tell me what I had paid was non refundable.
I had no intention of crashing the deal but I certainly gave him a piece of my mind in regards to the way he does business. Especially after the great experience I had up till then.
newtec1,
Jan 6, 8:09pm
And how is she going to extract $1000 if it has gone through eftpos and into their account. Of if it was cash and been deposited which it will have . Standing there demanding won't have much effect,you will more than likely be told to leave because of tresspassing.
newtec1,
Jan 6, 8:13pm
If that is the case where was he when she signed up to the deal. And if they can't afford it they would be better to forfeit $1000 now as a loss through experience,than have the car reposessed and lose everything. But i wouldn't want to lose anything and would pursue it to the bitter end with all the suggestions in this thread. Well some of them.
twincam1,
Jan 6, 9:01pm
You wait till someone has gone to bank to get money or deposit money over net.
newtec1,
Jan 6, 10:04pm
And if they refuse. ? You will find you are tresspassing and told/asked to leave. Try it.
thejazzpianoma,
Jan 6, 11:32pm
Just had another thought on this. there is yet another way this could be viewed as an illegal practice. With finance, the terms, interest, amounts etc have to be very clearly explained to the customer and signed off before settlement.
A non refundable deposit to be paid before any of the payment figures are given, let alone shown in writing and signed off on would surely be seen as unfair coercion to accept undisclosed terms.
You could potentially complain to the Insurance and Savings Ombudsman and that may not be the only avenue available. It would likely do the dealership a lot of good to have a boot up their backsides from their finance company and/or the ombudsman etc.
Also, have a read of this regarding a cooling off period for finance etc. If the car has not been picked up, even if the loan papers were already signed she can still decline the deal within 3 days with no penalty.
The best Legal Advice can always be found on TMMB. who needs a lawyer.
horsygirl,
Jan 6, 11:50pm
Nothing beats paying a Lawyer $2000 to retrieve a $1000 deposit.
supernova2,
Jan 7, 12:25am
So has the victim in all this saga been in touch with Nissan NZ yet?
mrsglaucoma11,
Jan 7, 12:43am
If she couldn't afford the 1% interest im pretty sure that over 4 years it is only 2%.
coolieo,
Jan 7, 5:24am
Ok, she has written to the DP and the Nissan. Nissan did not respond or may have contacted the dealer to respond to her concerns. The email basically from her side said she wasn't sure if the salesperson had been honest when dealing with her regarding the deposit and did not give any repayment options and she would like her deposit back and not go ahead with the deal. She also wrote about the salesmans behaviour when she went to the dealership later. DP wrote back that now that you want to back out from the deal and thats how the conduct their business everyday and that if finance falls through the deposit will be returned. also that if the finance is approved and you take the car, again you will be refunded the deposit as its is only a securing bond. He also adds that the deposit is a way of assurance that you are committed to buy the car. He also asked for her payslips to go ahead with the finance. He goes on to say that because there is time and expenses involved with getting the car brought in the yard, prepared and so on, that a what the deposit is for and because she seems to have changed her mind, it is not possible.
And thats it, In my opinion, he could have cancelled the deal and refunded the deposit as she went back the very next day to cancel. The agreement was signed around 5 when they were about to close and she went back the next morning. But he didn't, looks like a $1000 lesson pretty much .
coolieo,
Jan 7, 5:31am
Further to above, they won't let her just cancel the finance within the 3 days and give back the deposit, it has to be declined by the finance company themselves. When she went back the other day to say she won't sign the finance papers, they told her we won't refund the deposit then. she asked if finance is likely to be approved,( this is without any supporting evidence to support the finance application) they told her it will definitely be approved, in the end it all comes down to whether you want to lose $45k over three years or lose $1k now and walk away from it.
3tomany,
Jan 7, 5:40am
That is absolute bullsh t the deposit was illegal for a start never mind the fact she has no obligation to purchase unless she has signed something we don't know about
supernova2,
Jan 7, 5:41am
So DONT supply the payslips and the deal will fall over which means she will get her deposit back.
As for the BS about expense of getting the car preped for sale - well hello welcome to the real word of retailing.
As for saying that a deposit is for assurance that you are committed - bollocks. Signing a finance application and signing a VOSA is proof of committment and becomes an enforceable contract. Paying a sum of money is proof of nothing apart for payment of a sum of money.
So no matter which way it goes the deposit will be refunded. Bet it wasnt't banked into a trust account but simply straight into the yards business account.
Sorry but the dealer is simply playing her for a fool and wining so far!
Get onto Nissan again and tell them you want an answer from THEM not the jumped up twerp that is the DP. Its Nissan NZ thats offering the deal and also the finance. The twerp DP is simply the puppet on the end of the Nissan string or to be a little more impolite the puppet with a hand up his bum.
Oh and are there specific details of the car on the VOSA - ie vin, colour Km etc or is it just a generic Nissan Blah Blah.?
mcscottwgtn,
Jan 7, 5:43am
Could try social media eg state what occurred on Nissan's Facebook Page and the Dealers. Also tweet about your experience with Nissan using appropriate hash tags. Big companies have staff searching out negative comment on there products and services - and like to clean up the mess before it goes viral.
dinx,
Jan 7, 5:47am
Maybe she needs to actually look up the credit contracts act 2003 and the amendment act in 2014, read the details clearly and then contract them in writing with any specific clauses (reference them) that she feels they may be in breech of.
And she may want to contact Citizens Advice to see if there is a local community law centre that may be able to give a quick opinion on this without engaging in a costly lawyer. They will need an exact account of how the deal went down and what was disclosed before she signed etc.
Don't sign anything more IMHO. At this stage its $1000 which would not be too expensive to get back via disputes tribunal IF the act gives her the right to cancel the deal. Not sure if it will or wont but someone needs to read it and stop taking the dealers word for anything about what she can and cannot legally do.
Write down and date every single thing that happens, who said what & when, witnesses etc just in case. Get everything in writing or take a witness when discussing anything with them verbally.
3tomany,
Jan 7, 5:47am
yes ask on Nissan facebook page where other customers are looking they will get that grand back ASAP
twincam1,
Jan 7, 6:51am
Unbelievable. Take a man to the dealer and get your money.
a.woodrow,
Jan 7, 8:31am
Step 1. Advise the DP that she will not be providing any supporting documentation nor accepting the vehicle delivery.
Step 2. Advise the DP that she will lodge a claim with disputes tribunal for the $1K.
Step 3. Lodge claim, when Dealership receives summons they will roll over and pay the $1k, they aren't likely interested in a court case for such a small amount.
But honestly, get someone to go in there, make a scene and don't let up. They aren't going to keep a grand if other potential customers see you making a big deal about it. As the post above said, send a man in, one that knows how to get what they want.
kazbanz,
Jan 7, 8:47am
--COOLIO- sorry that dealer fulla was crazy busy--im sure he'll call sis tomorrow
rpvr,
Mar 7, 5:20pm
Next installment?
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