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The One That Got Away
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Nasher
 


Member Since: 07 Mar 2009
Location: Clanfield, North of Pompey - UK
Posts: 2668

England 2016 Discovery 4 3.0 TDV6 HSE Lux Auto Loire BlueDiscovery 4
The One That Got Away

I'm gutted.

For three years I've admired the 2016 Montalcino Red D4 HSE a contact from work has been driving, when I told him I'd finally have the cash together mid July to swap my 2005 D3 HSE for something similar he announced that by chance he already had a D5 on order for mid-July and that his D4 would be up for sale by his fleet manager.

With less that 20K miles on it, being immaculate, just the right Colour combination of dark interior and Red paint, plus well looked after, I did a deal and have had a small deposit on it for a number of weeks.

At the time we had a conversation about D5s, that I was going for a Late D4 instead of a D5 as I preferred them, and he admitted he wasn't looking forward to the change.

Yesterday I had a call. As he had less than 20K miles on the D4, the fleet manager had offered him the chance to let a new employee have the D5 he'd ordered and he could keep the D4 for another year.
The long and short of it is that my Deposit will be refunded by Bank Transfer on Monday.

Looks like I'll be scouring Autotrader for just the right spec D4 at the beginning of next month.

A wanted add will go up on here later.

Nasher.
 Heaven doesn't want me, and hell is afraid I'll take over.  
Post #206330123rd Jun 2019 8:03 am
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Sea Raider
 


Member Since: 01 Nov 2016
Location: None
Posts: 4450


Bit of revenge needed surely

Phone the local Drug Squad and let them know where he keeps his stash hidden.

Least he won't be able to sit on the nice cumfy leather for a while Mr. Green
  
Post #206330223rd Jun 2019 8:11 am
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kajtzu
 


Member Since: 10 Aug 2017
Location: Helsinki
Posts: 6538

Finland 2005 Discovery 3 4.4 V8 HSE Auto Cairns BlueDiscovery 3

Silly question but doesn’t a paying a deposit imply that a contract has been entered? Would you have gotten your deposit back if you suddenly decided not to buy it?
 

Last edited by kajtzu on 23rd Jun 2019 8:43 am. Edited 1 time in total 
Post #206330323rd Jun 2019 8:14 am
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lynalldiscovery
 


Member Since: 22 Dec 2009
Location: Maidstone
Posts: 7274

United Kingdom 2006 Discovery 3 TDV6 Metropolis LE Auto Bonatti GreyDiscovery 3

Just wait 12 months Thumbs Up
  
Post #206330923rd Jun 2019 8:31 am
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Narpy
 


Member Since: 18 Jul 2011
Location: Stockport
Posts: 7830

2005 Discovery 3 TDV6 S Manual Cairns BlueDiscovery 3

A seller or retailer doesn't have to sell to you regardless of whether you think a contract ( I think this is what you meant rather than contact ) has commenced. You have very few rights as a buyer until you've bought what's being sold.
There's also a common misconception that if a retailer prices something incorrectly, like far too cheaply, you cannot insist they sell the item to you at that price.

In this case however, the vehicle suddenly became unavailable for sale so the deposit was returned. There is no way Nasher can force the sale for the same reason as explained above. Wink
 Mods:
Front Fogs + Halos
FBH Remote Control
The 1st Ever RRS Modded Grill
Garmin Nuvi + D4 Surround + Reversing Camera.
D4 Steering Wheel.
Rear Boot Spoiler.
Twin Brake Lights.
Wing Mirror Indicator Repeaters.
Long Roof Rails
Make your own Narpy grill thread
I'm not scared, I'm outta here. 
 
Post #206331123rd Jun 2019 8:40 am
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Nasher
 


Member Since: 07 Mar 2009
Location: Clanfield, North of Pompey - UK
Posts: 2668

England 2016 Discovery 4 3.0 TDV6 HSE Lux Auto Loire BlueDiscovery 4

Thanks all.

It's not something I'd want to ruin a good working relationship over, and yes, I'd have got my deposit back if I pulled out, the deposit was to stop anyone else within the company he works for being able to snap it up. If he wants to keep it another year that's a different matter.

Unfortunately my 55 plate D3 HSE now has 230K miles on it, and is showing it's age more and more as each month goes by.
I really don't see it lasting another year, around 15K miles, without another major fault, and having come into some money I think that after 9 years of keeping it going and spending too much time working on it I deserve something newer.

I don't even want to tow my boat down to Devon with it this year I'm that unsure of it.

Nasher.
 Heaven doesn't want me, and hell is afraid I'll take over.  
Post #206331323rd Jun 2019 8:47 am
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kajtzu
 


Member Since: 10 Aug 2017
Location: Helsinki
Posts: 6538

Finland 2005 Discovery 3 4.4 V8 HSE Auto Cairns BlueDiscovery 3

Narpy, while I’m not a contract lawyer nor have specific knowledge of U.K. contract law, in most western jurisdictions paying a deposit implies entering a legal contract for a product or service. This in turn comes with rights and obligations on both the seller’s and the buyer’s part. I’m reasonably sure that’s how it is in the U.K.’s common law system, too.

You’re correct about mispricing, agreed.
  
Post #206331923rd Jun 2019 9:02 am
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Moo
D3 Decade 


Member Since: 13 Aug 2010
Location: Wiltshire
Posts: 13802

Ukraine 2005 Discovery 3 TDV6 S Manual Zambezi SilverDiscovery 3

Nasher wrote:
Thanks all.

It's not something I'd want to ruin a good working relationship over, and yes, I'd have got my deposit back if I pulled out, the deposit was to stop anyone else within the company he works for being able to snap it up. If he wants to keep it another year that's a different matter.

Unfortunately my 55 plate D3 HSE now has 230K miles on it, and is showing it's age more and more as each month goes by.
I really don't see it lasting another year, around 15K miles, without another major fault, and having come into some money I think that after 9 years of keeping it going and spending too much time working on it I deserve something newer.

I don't even want to tow my boat down to Devon with it this year I'm that unsure of it.

Nasher.


There are some good D4s on here. They might not be the colour you want but at leat you know their history.
 New Defender L663 110 SE (known as Noddy!)

Sold Volvo XC90 R-Design (known as Basil)

Sold - D4 HSE (Known as Gerty)

No longer the Old Buses original owner Sad
231,000 miles and counting
05 S manual owned from March 2005
D4 Face lifted
Still original injectors and turbo
V8 Front brakes
BAS Remap, Allisport Intercooler and deCat
EGRs blanked
T-Max split charge
Hanibal Expeedition rack
Prospeed ladder
Duratrac tyres
IID BT
BAS FBH control 
 
Post #206332823rd Jun 2019 9:33 am
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Narpy
 


Member Since: 18 Jul 2011
Location: Stockport
Posts: 7830

2005 Discovery 3 TDV6 S Manual Cairns BlueDiscovery 3

kajtzu wrote:
Narpy, while I’m not a contract lawyer nor have specific knowledge of U.K. contract law, in most western jurisdictions paying a deposit implies entering a legal contract for a product or service. This in turn comes with rights and obligations on both the seller’s and the buyer’s part. I’m reasonably sure that’s how it is in the U.K.’s common law system, too.

You’re correct about mispricing, agreed.


Not an expert either but I know this, and as I stated in my opening statement, a seller or retailer doesn't have to sell to you. He might just not like you so decides to not sell you anything and as a buyer, there's nothing you can do about that. A seller can pick or choose who he does business with and that's all there is to it.
Even on house purchases you can lose out if the seller gets a better offer and exercises his right to not sell to you. Big Cry
 Mods:
Front Fogs + Halos
FBH Remote Control
The 1st Ever RRS Modded Grill
Garmin Nuvi + D4 Surround + Reversing Camera.
D4 Steering Wheel.
Rear Boot Spoiler.
Twin Brake Lights.
Wing Mirror Indicator Repeaters.
Long Roof Rails
Make your own Narpy grill thread
I'm not scared, I'm outta here. 
 
Post #206333323rd Jun 2019 10:03 am
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Red Merle
 


Member Since: 30 Aug 2014
Location: Liskeard
Posts: 7438

United Kingdom 

I wouldn’t be looking at this as some kind of breach of contract, or faith; the current user understandably didn’t want to part with it and he’s fortunate enough to have got a year’s reprieve Thumbs Up

At least you didn’t lose it to someone else, that would have been gutting.

It probably is time to start looking about. The current user is going to have the same grim choice in 12 months and he might have further options to extend.
 2011 - 2015: 3 x FL2
2015 - 2017: 2 x D4
2017 to date: FFRR SDV8
2023 to date: FL2 as a second car

2021 to date: Hinckley built ‘14 Triumph Trophy 1200
2022 to date: Hinckley built ‘14 Triumph Trophy 1200 & sidecar!
(One of only two known to exist in the world!) 
 
Post #206333823rd Jun 2019 10:18 am
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Moo
D3 Decade 


Member Since: 13 Aug 2010
Location: Wiltshire
Posts: 13802

Ukraine 2005 Discovery 3 TDV6 S Manual Zambezi SilverDiscovery 3

Interesting that he wanted to keep the D4 instead of a new D5.
 New Defender L663 110 SE (known as Noddy!)

Sold Volvo XC90 R-Design (known as Basil)

Sold - D4 HSE (Known as Gerty)

No longer the Old Buses original owner Sad
231,000 miles and counting
05 S manual owned from March 2005
D4 Face lifted
Still original injectors and turbo
V8 Front brakes
BAS Remap, Allisport Intercooler and deCat
EGRs blanked
T-Max split charge
Hanibal Expeedition rack
Prospeed ladder
Duratrac tyres
IID BT
BAS FBH control 
 
Post #206333923rd Jun 2019 10:20 am
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Nasher
 


Member Since: 07 Mar 2009
Location: Clanfield, North of Pompey - UK
Posts: 2668

England 2016 Discovery 4 3.0 TDV6 HSE Lux Auto Loire BlueDiscovery 4

Red Merle wrote:
I wouldn’t be looking at this as some kind of breach of contract, or faith; the current user understandably didn’t want to part with it and he’s fortunate enough to have got a year’s reprieve Thumbs Up
.


I'm really not, I'm just a bit upset, not annoyed in any way, he's a good guy I work well with, so I'm pleased for him. I didn't expect or want any discussion to start about contracts etc.

Moo wrote:

Interesting that he wanted to keep the D4 instead of a new .


I'm in full agreement with him.
I've test driven a couple of D5s, and yes they drive nicely, but I just can't get over the styling.
It's not the rear end for me, I quite like that, it's the high wasteline and front end.
The high wasteline prevents you from hanging out the window and seeing where your wheels are in a tight space off-road, or when reversing a huge trailer around in a tight space.
Oh and the lower internal roof height of the load space is an issue for me.

Perhaps I'd be better off waiting for the new Defender to launch, but I don't want to be part of Land Rovers development team.

I've test driven and seriously considered a nearly new FFRR TDV8, but the small load space and the fact that the rear seats don't fold flat killed that idea.

Nasher.
 Heaven doesn't want me, and hell is afraid I'll take over.  
Post #206334323rd Jun 2019 10:57 am
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ronp
 


Member Since: 29 Nov 2006
Location: North Yorkshire
Posts: 15208

United Kingdom 2014 Discovery 4 3.0 SDV6 HSE Auto Corris GreyDiscovery 4
Re: The One That Got Away

It wasn't for you !

The right D4 will be out there for you !

I talk from recent experience of 6 weeks ago.
I was in discussion with an LR dealer a good few hundred miles away about an Se Tech D4 I was interested in buying (which had to be Corris).
At my request the sales guy took pictures & videos of specific areas I wanted to see on the D4.
Been in discussion for around 5 days and on the morning of the 6th day I emailed to say I was happy with the car and that I wanted to buy it.
He was glad he got the sale, only to email back that another salesman had just sold "my" D4 the evening before.
Long story short, I looked around and then secured a Corris HSE (rather than the Se Tech) with another distant dealer, D4 was of same age (though slightly higher mileage), but at 1k less.

So got this HSE and absolutely delighted with it and how things turned out.

Your D4 is out there waiting for you ....... just a bit of patience. Thumbs Up
 🏴󠁧󠁢󠁳󠁣󠁴󠁿  
Post #206334923rd Jun 2019 11:13 am
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aja4x4
 


Member Since: 14 Apr 2019
Location: Westbury
Posts: 2459

United Kingdom 2005 Discovery 3 TDV6 SE Auto Zambezi SilverDiscovery 3

kajtzu wrote:
Narpy, while I’m not a contract lawyer nor have specific knowledge of U.K. contract law, in most western jurisdictions paying a deposit implies entering a legal contract for a product or service. This in turn comes with rights and obligations on both the seller’s and the buyer’s part. I’m reasonably sure that’s how it is in the U.K.’s common law system, too.

You’re correct about mispricing, agreed.


You are correct for a contract to be binding you need three things an offer, an acceptance and payment or part payment.
If either party the pull out the other could force the completion of the contraft or ask for compensation. In this case both parties acted like gentlemen and mutually agreed to cancel the contract.

Narpy is also correct that a retailer does not have to seĺl you an item, say for instance a genuine mistake has been made with the pricing. The retailer can allow you to buy at the reduced price or withdraw the item from sale but they should not make you pay the higher price.
If they have agreed a price and taken a deposit this would be different as they would have entered a legal contract but if the item is no longer availible and they return the deposit there would be very little you could do unless you could prove the seller is being dishonest by withdrawing from your contract because they have sold it to somebody for a higher price.
  
Post #206335023rd Jun 2019 11:14 am
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Someone-Gone
 


Member Since: 21 Dec 2015
Location: Gone
Posts: 5117

United Kingdom 

Academic, but it sounds like the vehicle wasn’t his to sell in any case. Perhaps he was facilitating a sale via the fleet manager?
  
Post #206335423rd Jun 2019 11:25 am
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