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#31 | ||
I use brain. Not hip.
Join Date: Aug 2005
Location: Qld
Posts: 1,400
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Double post sorry
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#32 | ||||||||
I use brain. Not hip.
Join Date: Aug 2005
Location: Qld
Posts: 1,400
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It’s common practice but it always comes with a guaranteed refund if the price is not acceptable. Quote:
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But it gets better. He used to work with the Ford guy. Mates words “Xyz is sometimes too clever for his own good and knowing you mate that won’t work for one second”. Quote:
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#33 | |||
Guest
Join Date: Aug 2018
Posts: 1,892
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Plus 1 to this Lot.. Quite Frankly, if you're prepared to let someone take over a Thousand Dollars from your Credit card without some type of Paper/Email trail.That Clearly defines what both parties expectations are? You deserve to lose your Money.. |
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#34 | |||
Regular Member
Join Date: May 2006
Location: S.A
Posts: 285
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1997 EL GT, #102, Manual, 27000kms. 2002 AU3 TS50 #114, Auto |
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#35 | ||
Landcruiser 200
Join Date: May 2005
Location: queensland
Posts: 105
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Im a bit confused here - you pay a dealer 1k in advance for a 2018 Mustang without getting a price and then you are able get prices from other dealers and then buy 2 Mustangs from another dealer (and I assume) without putting down any deposit.
Why did you put down a deposit in the first place? |
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#36 | ||
Regular Member
Join Date: Apr 2010
Location: Doreen Melb
Posts: 213
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Ring 13FORD. Tell them your story, name the dealer. They will contact the dealer and you will get your money back. You will not be the first one that has complained about this as there are a couple of Mavericks out there that try this on.
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Current Ride: FG2 GT White with Black Stripes build # 1340 Pass Ride: FG GT White |
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#37 | ||
FF.Com.Au Hardcore
Join Date: May 2009
Location: Brisbane (Southside)
Posts: 1,155
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If there is no contract drawn and/or signed by you then they have no grounds to keep your deposit... Had you of gotten a contract, and signed it without the price confirmation being a stipulation it would be a different story but with no signed contract you have no obligation to buy the car and therefore should be entitled to a refund..
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2008 FG XR6 Turbo ZF In Sensation - Gone, but not Forgotten.... Hers: 2024 Ford Everest Platinum in Equinox Bronze His Daily: 2020 (MY21) Kia Sorento GT-Line in Mineral Blue His Weekender: 2017 Commodore SSV Redline manual in Light My Fire Orange |
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#38 | |||
FF.Com.Au Hardcore
Join Date: Oct 2010
Location: Mid North Coast
Posts: 6,443
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When I bought my 40th Anniversary FPV GT back in 2007, it was a ring around to all the dealers to see who still had one available (they pretty much all sold the day they were announced and I wanted a manual) found an auto, rang the next dealer (after calling about 5 or 6 others) and they said they had an allocation of a manual and an auto left. On the spot $1000 holding deposit paid over the phone with credit card to secure the manual one in my name. Went in the following week to complete the paperwork, then a 6 month wait for your car to arrive. There are no test drives or tyre kicking, as there are 20 other buyers waiting to get their hands on the same car. Buying these cars is not like buying a Camry from your local Toyota dealer.
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The Daily Driver : '98 EL Falcon, 5 Speed , 3.45 lsd The Week End Bruiser : FPV BF GT 40th Anniversary, 6 Speed Manual, 6/4 Brembo and lots of Herrod goodies Project 1 : '75 XB GS 351 Ute, Toploader, 9" with 3.5's Project 2 : '74 XB GS Big Block Coupe, Toploader, 9" with 4.11's In Storage : '74 XB GS 351 Fairmont Sedan XB Falcon Owners Group Mike's Man Cave |
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#39 | |||||||
#neuteredlyfe
![]() ![]() Join Date: Apr 2012
Posts: 10,541
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Just wanted to clear a few things up.
I sold cars for 15 years including brand new cars. Yes, Ford was one of those brands. While I'll admit, that I no longer do, I did sell cars during the times of the BA introduction, BF 40th Annviversary GT and BF Cobra GT. It was very common practice for customers to put down large sums of cash as deposit to secure a very desirable limited edition vehicle. Those customers who didn't want to do this (and there were plenty) simply missed out or at least had to settle for something in a specification that was not ideal. Also, when you leave a deposit for one of these limited edition/hard to find vehicles not only are you securing a vehicle you are also securing the specification that you want, such as, for example, auto or manual. For any of you reading the above who did not leave a securing deposit and still got what they wanted after they were released, good on ya, you were very lucky. Quote:
I see your point though. Quote:
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#40 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Location: The Shakey Isles
Posts: 3,428
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Since when did the 2018 Mustang GT become a limited edition, it's not a Bullitt.
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#41 | |||
#neuteredlyfe
![]() ![]() Join Date: Apr 2012
Posts: 10,541
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When new models come out, there tends to only be limited numbers. Also, there are always early adopters who want one of the first ones into the country. In order to achieve that in the specification they want people will put down a securing deposit to make sure they get that vehicle. |
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#42 | ||
Regular Member
Join Date: Apr 2010
Location: Doreen Melb
Posts: 213
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[QUOTE=PG2;6182286]Just wanted to clear a few things up.
I respect your comments PG2, but having worked next to the call centre for over 2 years if you complain loud and long you do get heard and problems do get fixed in the customer's favour.
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Current Ride: FG2 GT White with Black Stripes build # 1340 Pass Ride: FG GT White |
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#43 | ||
FF.Com.Au Hardcore
Join Date: Apr 2007
Location: Miranda, NSW
Posts: 6,771
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Correct. Its an imported vehicle like every other vehicle sold in this country, including Camry's
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2005 BA MK2 FPV GT - 6 SPEED MANUAL , SILHOUETTE, SWISSVAX, SUNROOF, BILSTEIN AND LOVELLS, FACTORY GENUINE 19'S, X-FORCE STAINLESS QUAD CATBACK, ADVANCE HEADERS, 200 CPSI CATS, BLUEPOWER CAI, HERROD BREATHER KIT, 4:11 DIFF RATIO, MAL WOOD OPT 3+ CLUTCH, BILLET SHIFTER, MELLINGS 10227, NOW WITH REVERSE CAMERA/SENSORS, ALPINE SPEAKERS & SUB - CUSTOM TUNED TO 275 RWKW NOW WITH A NEW ADDITION - 2017 MUSTANG V8 GT FASTBACK - , 6 SPEED AUTO IN PLATINUM WHITE, |
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#44 | |||
*barks incessantly
Join Date: Jun 2016
Location: SA
Posts: 1,556
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#45 | ||
FF.Com.Au Hardcore
Join Date: Feb 2008
Location: Perth, Northern Suburbs
Posts: 4,924
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Without getting into the whole debate, the solution is simple:
Inform your bank, in writing, that the transaction was unauthorised. Period. If your bank doesn't refund the money, take them to the ombudsman. Now, that said, why did you pay a deposit to secure a car you didn't want to buy? A deposit is indeed standard on many transactions, but its pointless if you can just ask for it back. TBH if you are so desperate to secure one, that you pay a deposit before the price is available, you're waiving the right to negotiate. Don't do it. |
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#46 | ||||
FF.Com.Au Hardcore
Join Date: Dec 2004
Location: The Shakey Isles
Posts: 3,428
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As for the rest of the argument, its 50/50 call imo, the salesman and the op have both been playing games, one lost a sale the other lost a grand (which he may or may not get back). There is a lesson here if nothing else. |
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#47 | ||||
#neuteredlyfe
![]() ![]() Join Date: Apr 2012
Posts: 10,541
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EDIT: Go back and have another look. What you quoted is not what I said at all - that was what XB GS Coupe posted. |
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#48 | ||
I use brain. Not hip.
Join Date: Aug 2005
Location: Qld
Posts: 1,400
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#49 | ||
FF.Com.Au Hardcore
Join Date: Dec 2004
Location: The Shakey Isles
Posts: 3,428
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#50 | ||
T3/Sprint8
![]() Join Date: Jan 2005
Location: Australia
Posts: 16,409
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The fact of the matter is - and in this case no contract signed its not the dealerships money, full stop, they have no right keeping it.
Next, putting money down for my Sprint more than 12mths prior with NO idea of RRP and the Salesmen and DP agreed - put down a deposit and its 100% refundable if we don't come to agreement once they advise me price, I went in and signed the contract on those grounds and noted.. They did this with GTF and any other special build and the same case is with Mustang due to the long lead times experienced. Its no big deal, its only a big deal when there is a stupid salesmen or un informed DP. Sounds like the money outlay on 2 Ponys elsewhere saved the $1k deposit figure or whatever he's still ahead.
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Tickfords T3/TS50 '02 Sprint8 manual Sept 24 '16 Daily Macan GTS "Don't believe everything you read on the internet. Abraham Lincoln" |
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#51 | ||
FF.Com.Au Hardcore
Join Date: Feb 2005
Location: Pit Lane
Posts: 11,867
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How would people feel if he had of paid this money because he really wanted this car, but the dealer then sold the car to someone else and then gave him his money back
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#52 | ||
FF.Com.Au Hardcore
Join Date: Apr 2007
Location: Miranda, NSW
Posts: 6,771
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Can see this side of it as well. At the end of the day the purpose of the deposit was to secure the car. There needs to be some certainty on price at the start, or at the very least agree on a price range in these situations.
__________________
2005 BA MK2 FPV GT - 6 SPEED MANUAL , SILHOUETTE, SWISSVAX, SUNROOF, BILSTEIN AND LOVELLS, FACTORY GENUINE 19'S, X-FORCE STAINLESS QUAD CATBACK, ADVANCE HEADERS, 200 CPSI CATS, BLUEPOWER CAI, HERROD BREATHER KIT, 4:11 DIFF RATIO, MAL WOOD OPT 3+ CLUTCH, BILLET SHIFTER, MELLINGS 10227, NOW WITH REVERSE CAMERA/SENSORS, ALPINE SPEAKERS & SUB - CUSTOM TUNED TO 275 RWKW NOW WITH A NEW ADDITION - 2017 MUSTANG V8 GT FASTBACK - , 6 SPEED AUTO IN PLATINUM WHITE, |
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#53 | ||
FF.Com.Au Hardcore
Join Date: Feb 2005
Posts: 5,052
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#54 | ||
FF.Com.Au Hardcore
Join Date: Sep 2010
Location: Melbourne
Posts: 935
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All deposits are refundable unless stipulated when paying the deposit afaik. Walt Kowalski did you put your signature on anything at all?
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#55 | |||
FF.Com.Au Hardcore
Join Date: Feb 2005
Location: Pit Lane
Posts: 11,867
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Pit Lane Performance 20 Rosella St Frankston 03 9783 8122 Authorised Streetfighter, Pcmtec , SCT & HP Tuners Tuning Agent,
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#56 | |||
FF.Com.Au Hardcore
Join Date: Oct 2008
Location: Victoria
Posts: 7,854
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Agree On my last service at a VIC dealership the showroom floor was full of 2018 mustangs, there looked to be an example in every colour and configuration. It was like its turned into a Mustang dealership that sold a few other Fords.. They're not around in Camry numbers, but certainly readily available
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______________________________ 2015 Territory Titanium RWD Diesel - SOLD 2016 BMW X5 xdrive 30D Msport Seadoo Challenger 210SE 310HP |
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#57 | ||
FF.Com.Au Hardcore
Join Date: Oct 2014
Location: Newcastle
Posts: 1,782
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So much commentary when there is an absence of factual detail as to what was said between the 2 parties that led to the payment of $1,000.00.
There are 2 sides to every coin and we have not seen both sides.
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Ford Rides: Ford Fiesta ST Mk 8 -daily- closest thing to a go kart on road for under 50K FG X XR8 smoke manual - Miami hand built masterpiece by David Winter, BMC Filter, JLT Oil separators, Street Fighter Intercooler Stage 2, crushed ball, running 15% E85 and 85% 98- weekender |
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#58 | ||
Donating Member
![]() Join Date: Mar 2007
Location: Heading thru Hell (Corner)
Posts: 8,219
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Disclaimer: I'm not a lawyer. But I do have training and experience in contract law.
You have (had) a contract. It may not be written, but a verbal agreement also makes a contract. To have a contract you must have: * Legal capacity (I assume you are not bankrupt and mentally capable - tick) * Consideration (you have paid $1000 - tick) * An offer (I assume that you offered to pay the deposit for something - tick) * An acceptance (I assume the salesman accepted your offer - tick) The difficult part here is that none of this contract was written down, especially, in this case the conditions surrounding the Consideration (deposit). It will become a case of he said / she said. You really need to be sure of what both parties said during the telephone conversation to understand the conditions of the contract. If you wish to pursue this from a legal perspective, then I suggest you seek legal advice, as they will know best how to deal with this particular case. Having said that, aside from the legal side of things, from a moral perspective, I think you should be able to get your deposit back. The tell-tale for me is that you have not signed any paperwork aside from the agreement to pay the deposit and were never provided with the actual cost of the item (which would be reasonable to expect when laying down a deposit for an item where the price was unknown at the time of agreement to the deposit). Further, I'm not sure that chasing this through the credit card company is the right avenue either. That process relates to unauthorised payments. In this case, you authorised the payment (deposit), it's just that the final agreement did not eventuate. Maybe I'm too honest, but I think you'd be having your credit card provider chase something for under false pretenses. Hope that helps.
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Labels are for jars, not for people. Life is a journey, not a destination. ~~~~~~~~~~~~~~ Daily: 2013 FGII EcoLPi in Winter White Play: 2015 FG X XR8 in Emperor Show' N Shine thread Gone, but not forgotten: 2015 SZII petrol Titanium Territory in Emperor |
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#59 | ||||||
I use brain. Not hip.
Join Date: Aug 2005
Location: Qld
Posts: 1,400
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Impossible. Ford Au notified me of the VIN on FB. Standard procedure on Mustangs pre ordered. Quote:
Impossible. Ford Au gave me the VIN. This is standard procedure. Quote:
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#60 | ||
I use brain. Not hip.
Join Date: Aug 2005
Location: Qld
Posts: 1,400
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PROGRESS.
I just want to thank everyone here who has contributed positively to this thread. And even to those who called me an idiot more than once. Those posts in particular gave me a chuckle. It’s amazing what happens when you use the AFF brains trust and then combine it with another phone call to the Salesman. But on this occasion I told him the conversation was being recorded. It somehow took on a whole new level of understanding for him. When he said that “he had no authority to issue the credit refund” I asked “Who does?” “That would be my sales manager but he is away and you will have to ring him in two weeks when he gets back.” “No. This must be sorted TODAY. I’ve waited long enough” At this stage I’m glad I have the legal means to record the conversation legally because I can sense him thinking about his next move. “Sorry. It cannot be done. He’s away” So I pressed on and asked who would be his boss; would it be xxxxxxxx (The Dealer Principal who I’ve known for 15 years)? Stunned silence. No that would be XYZ. OK. I’ll speak to him. The GM gets on the phone and first question he asks is “What does the contract say?” “There is no contract.” Another stunned silence. I can just picture him with his mouth open. He immediately apologised and promises to put the money in my account overnight. I then asked for the girl to email me the confirmation immediately and he took my email address. I will keep the group informed. Could a mod please link up how I financially contribute to the Forum again please? Thanks again. |
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