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Toyota HSD - Advice. Old man put down deposit, changes mind - pork_pie

Hi

The old man owns a 61 plate Auris HSD and went to the Toyota dealership last Saturday with a possible view to downsize. Saw a 13 plate YARIS HSD with price of £13.5k, put a 1k deposit down and signed on dotted line.

A day later he called me to say hes having cold feet and is going to change his mind. I warned him that he will not get all his money back.

Turns out that its company policy that if you want to reject a car , the cost is 10% of the car. As he paid 1k, 10% means an extra £350 for him to get out of the contract.

An alternative is to buy another Toyota. There is no cooling off period as he physically went to the dealership , test drove the car and thrashed out a good deal on both the car and the px.

I rang the dealership todaywho confirmed to me that its company policy to charge 10% of the car if someone wants to back out of the deal in these circumstances. If the deal was over the phone for example then it would be different. I rang trading standards and they confirm this too.

Now it transpires he wants to buy a current shape Auris HSD (which is bigger) which means the cost to change is considerably more.

My advice to him would be either to buy the Yaris (for another 4k) or pay up the contract and certainly not buy a 2012-present Auris HSD which would entail another 8-10k which diminishes all idea of downsizing.

There is really nothing wrong with his current Auris which is under warranty until 2016. I recommended weeks ago that he should consider a smaller car as he is in his mid seventies and it would be wise to save some costs.

Furthermore, present company excepted, the family a bunch of cack handed motorists where scuffed alloys and bumpers is usually the order of the day so a smaller car would be cheaper to fix.

So back to the question: Buy the smaller car or pay up the contract for an extra £350 thus losing £1350 or buy a new Auris.

Edited by pork_pie on 06/03/2015 at 17:30

Toyota HSD - Advice. Old man put down deposit, changes mind - bathtub tom

I lost track here somwhere. Where did a Yaris come into consideration?

Toyota HSD - Advice. Old man put down deposit, changes mind - pork_pie

Sorry, I edited it so the Yaris appears at the start.

Toyota HSD - Advice. Old man put down deposit, changes mind - Auristocrat

What was the approximate cost to change on the Yaris?

Toyota HSD - Advice. Old man put down deposit, changes mind - pork_pie

Hi Auristocrat

After the deposit, about 4k

Toyota HSD - Advice. Old man put down deposit, changes mind - Auristocrat

My inclination would be to look whether there is a younger non-hybrid petrol Yaris for around the same price as the Yaris he has put the deposit on at the dealer. For example in my area, Toyota dealers have a choice of 14/64 plate Yaris 1.33's for around £12,500-13,500. These come with over 4 years of the new car warranty remaining, and some have less than 1,000 miles on the clock.

Have a look at Toyota's used car locator to get an idea of what is available - usedcars.toyota.co.uk/?id=used_cars

Toyota HSD - Advice. Old man put down deposit, changes mind - bathtub tom

For example in my area, Toyota dealers have a choice of 14/64 plate Yaris 1.33's for around £12,500-13,500.

I recently bought a 14 plate 1.3 Yaris icon 5-door manual with 8K miles on it for £9K from Motorpoint.

£4K less than what my local Toyota dealer had on their forecourt for the same model, age and mileage.

Toyota HSD - Advice. Old man put down deposit, changes mind - RobJP

Do bear in mind that a contract, to be enforcable in law, must be reasonable in it's terms and conditions. They could put in a contract that if you cancel, tough, you signed, you buy it, or they have your first-born in servitude for a year. However, if the contract would be viewed as 'unfair', then it doesn't matter.

On that basis, I'd suggest you go in there (with him), and attempt to work down the level of penalty. Possibly after seeing CAB. However, only go in on a weekday, not the weekend when they will be a lot busier

In addition, you might want to point out the existence of this thread to them. Also point out that AT PRESENT the dealership is not named, but that could happen in the future if you don't get a resolution that you are satisfied with.

I'd push for them to retain £500 of the original deposit, returning the other £500. Which means you start negotiating for full return, and work your way to there.

Toyota HSD - Advice. Old man put down deposit, changes mind - Brit_in_Germany

Backing out one day after signing will mean that the "damage" to the dealer is negligble and it is this damage which is all they are entitled to. The "policy" of the garage is of no relevance. As far as I am aware, penalties are not enforceable. I would suggest the deposit should be put towards the larger car from the same dealer, giving both some return.

Toyota HSD - Advice. Old man put down deposit, changes mind - Avant

Was your dad told about the non-returnable nature of the deposit and the 10% overall charge when he signed the contract? If not, they can't enforce it against him in contract law.

Toyota HSD - Advice. Old man put down deposit, changes mind - catsdad
The flip side of Avant's point is of course that if he was aware then it is enforceable. 10% is a typical deposit and if the contract is clear I don't see how it can be argued is unreasonable given the hundreds of thousands of precedents. If of course only the 1k was covered by the contract then only that is enforceable. Pre-estimation of dealer's actual losses don't come into it, legally. I am happy to be corrected by a legally experienced back-roomer but I think the deposit is part of the "consideration" and also limits both parties liabilities - so the dealer can't pursue any further costs. Morally and non-legalistically in the circumstances here I can appreciate your position and the support in most of the previous mails. I hope you can reach an amicable soluton which I think is your aim. If you do want to clarify the legal posttion a call to CAB might help as Rob suggests.
Toyota HSD - Advice. Old man put down deposit, changes mind - pork_pie

Thanks for the replies, gents, they have been very helpful as usual so thanks.

I have no grievances over the dealer and even if I did, i certainly would not name them on here as it is not big nor clever. The family have bought cars from the dealership for over 10 years. I did speak to CAB and they say that if the terms state this, which is the case, then thats how it is. Reasonable.

I just think the old man went in there blind, not for the first time, found a car that he liked then suddenly thinking that it isnt for him and I cant eke out a reason why other than "It is too small" which I don't buy as it wasnt small at the time of the test drive. Unfortunately he is part of a crowd where any form of economising is seen as a sign of weakness which is really sad.

He must have been aware of the T+C when he signed it. Had he have arranged payment over the phone without signing anything then he would have had grounds for a refund. Its the fact he went in, booked an appointment, test drove a car and thrashed a decent deal meant that the 10% would apply if he wanted to back out unless of course he bought another car from the dealership.

Personally I think a Yaris is the perfect car for him as it has all the features his 2007-12 shape Auris has but in a smaller package. For a 75 year old this would be most ideal. Oh theres another thing - it must be hybrid which unfortunately counts out the very valid suggestions of a 1.33 Yaris. The reason is, yes you've guessed it, the zero VED. Why pay thousands more just to pay zero VED? Madness I know but there are millions out there that do the same.

I am going to try to persuade him to either take the Yaris or pay up most if not part of the penalty which to recap is £1350, 1000 of which he paid as a deposit.

Personally the current shape Auris would not be good for him as its a bigger car to break for almost double the intended outlay. The only gripe i have over the dealer is their insistence in promoting Auris Excel (top of the range to the layman) trims to him which are more abundant but pricier than the poverty spec trim

Edited by pork_pie on 07/03/2015 at 06:35

Toyota HSD - Advice. Old man put down deposit, changes mind - RaineMan

I never understand why people get so obsessed by zero rate VED. Its like people paying over the odds to get a car with a better mpg when they only do 3 - 5k per annum. Personally I think this zero rate VED will disappear soon as electric cars just pollute elsewhere - more to do with the National Grid than the car!

Toyota HSD - Advice. Old man put down deposit, changes mind - gordonbennet

Pork Pie, i'm quite amazed that a Toyota dealer would try this on after 10 years of custom, i'd be very inclined to send a letter or email to Toyota GB to bring to their attention how their dealer is doing business with regular customers in the autumn of their lives (provide them with a link to this thread)...if i were in Toyota GB's head office when that email arrives there'd be some snotty communications following.

If you get no joy, and your father decides not to buy the Yaris, nor anything else there (would go against the grain giving them another penny) and the company insist on charging him this extrotionate rate (in effect the following day) you should ensure your family never darken their doorstep again...maybe the local paper might like to hear about this, or your MP if he/she isn't too busy electioneering.

This leaves a nasty taste.

Toyota HSD - Advice. Old man put down deposit, changes mind - Avant

If Pork Pie Snr can afford another Auris HSD, the problem isn't likkely to be financial, so it's difficult to see why he's having cold feet. It might be 'why buy a car only 18 months younger than the car I've got?' - which would be a fair point, in which case maybe you could steer him towards a new Yaris HSD.

Or of course show him how many years of road tax on a normal petrol Yaris or Auris equates to the price difference between that and the HSD.

Toyota HSD - Advice. Old man put down deposit, changes mind - coopshere
Does he want a new or nearly new car?

Can he reasonably afford to buy it?

Is he of sound mind?

If the answer to all the Above is yes then let him have what he wants, how much longer will he be able to make that choice?