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Carzone.ie: breaching Irish law?

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  • 14-10-2008 12:14am
    #1
    Banned (with Prison Access) Posts: 3,077 ✭✭✭


    Hi.

    I purchased an ad for my car on carzone about a year ago. The advert made it clear that for the €30 I could keep my ad on carzone until the car was sold. The car is not sold yet, but carzone this week will not allow me to renew the advert as I have been doing on a monthly basis since I first purchased it. Carzone.ie is now demanding a fee for a renewal despite the condition under which I first purchased the ad specified that I would not have to pay an additional renewal fee for that ad.

    Is anybody else now experiencing this, and is there anything that can be done?


    PS: I rang and emailed Carzone.ie for the past week but they have still refused to return the call/email. (not sure where to put this but I posted it under Consumer Issues and then noticed this 'Motors' section. Delete as appropriate)


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Comments

  • Moderators, Politics Moderators Posts: 38,972 Mod ✭✭✭✭Seth Brundle


    Can you please post the terms and conditions that you agreed to?
    I'd be surprised if there wasn't a get out clause or two in there to protect them!


  • Closed Accounts Posts: 511 ✭✭✭TommyT


    You`ve had your car for sale for a year? Maybe carzone have done you a favour. You could think about adjusting the price.


  • Closed Accounts Posts: 89 ✭✭Car-dealer


    Hi

    You purchased a service - ie free car add for as long as it needs to sell! You paid your money, you should get the service advertised!

    No matter what the carzone people, or people on here, say.

    My advice - write a letter to the Financial Ombudsman making a complaint.

    There are laws that protect consumers from changes in terms - even if the small print says "terms can change at any time"

    Take it further with the Financial Ombudsman and others.

    Good luck - I think I might do the same, as they have done the same to me with prices.


  • Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Car-dealer wrote: »
    There are laws that protect consumers from changes in terms - even if the small print says "terms can change at any time"

    Take it further with the Financial Ombudsman and others.

    Good luck - I think I might do the same, as they have done the same to me with prices.
    I've just had a look there and I don't think you'd have a case really... you can't complain when the bus/dart/luas fares go up, it's a service you pay for and costs rise every year for any services or businesses wouldn't survive!

    "6. Advertising charges
    6.1 The Publisher shall have the right to change its scale of charges at any time"


  • Registered Users Posts: 22,818 ✭✭✭✭Anan1


    kbannon wrote: »
    Can you please post the terms and conditions that you agreed to?
    I'd be surprised if there wasn't a get out clause or two in there to protect them!
    I'm in the same situation myself. I paid for the car to be advertised until sold. They've been renewing it FOC for the past six months, now they've removed the 'renew for free' button from the website and they're neither taking nor replying to my calls.


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  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    I'm with TommyT. If you get them to quash the new fees and continue to give you your ad for free, the saving that you make each month will be far outweighed by the depreciation your car is suffering every month.

    If you haven't sold your car in a year, your price is too high or your ad is terrible.
    If you're serious about selling your car, you need to drop your price rather than going to Ombudsmen etc.
    If you're not serious about selling your car and you just have it up for a price you like and you're hoping someone eventually thinks it's a good idea to buy it, please take it down.
    Carzone is full of so much overpriced rubbish nowadays that it's becoming less and less useful as a selling tool.

    Just because it's free doesn't mean you should do it.


  • Registered Users Posts: 22,818 ✭✭✭✭Anan1


    AudiChris wrote: »
    I'm with TommyT. If you get them to quash the new fees and continue to give you your ad for free, the saving that you make each month will be far outweighed by the depreciation your car is suffering every month.

    If you haven't sold your car in a year, your price is too high or your ad is terrible.
    If you're serious about selling your car, you need to drop your price rather than going to Ombudsmen etc.
    If you're not serious about selling your car and you just have it up for a price you like and you're hoping someone eventually thinks it's a good idea to buy it, please take it down.
    Carzone is full of so much overpriced rubbish nowadays that it's becoming less and less useful as a selling tool.

    Just because it's free doesn't mean you should do it.
    These are all fair points, AudiChris. None of them, however, change the fact that I paid for my car to be advertised until sold.:)


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    And I feel for you and I hope Carzone plan to give improvements in service that result in better prices and faster sales for all their customers in return for the higher price they're charging.

    Steve06's link shows they've covered their arses.

    All that being said (and we've discussed this before), if it takes you more than a month or two to sell your car, then there's a bigger problem than the monthly renewal fee...


  • Subscribers Posts: 16,562 ✭✭✭✭copacetic


    steve06 wrote: »
    I've just had a look there and I don't think you'd have a case really... you can't complain when the bus/dart/luas fares go up, it's a service you pay for and costs rise every year for any services or businesses wouldn't survive!

    "6. Advertising charges
    6.1 The Publisher shall have the right to change its scale of charges at any time"

    yep, but I think you would have a good case if you bought a luas ticket from Sandyford to Stephens green for €2 and at dundrum they stopped and asked you for another €2 to complete your journey. That is the equivalent to the OPs situation.

    Raising prices is fine for a new ad, not for renewal of a current ad that was advertised taken out under certain conditions.


    This is all being driven by a big drop off in second hand sales. Cars are spending 6 or 7 months on carzone and never selling, they
    are trying to make money off the back of that. Imo it is car dealers who are the leaders in this, people price often based on what
    dealers have up and they are still trying to catch the odd sucker.

    After todays budget there will be an even greater fall in sales. Personally I've been looking for over 6 months and cars had almost
    reached a reasonable price imo, but I'll probably be 200 a month after today.


  • Registered Users Posts: 22,818 ✭✭✭✭Anan1


    AudiChris wrote: »
    Steve06's link shows they've covered their arses.
    I'm no lawyer, but I don't think it does. I paid my money on the basis that they would advertise the car until sold. No amount of small print can change this simple fact.

    @steve06 - Out of interest, are you quoting carzone's current T&Cs, or those in force in April, ie the ones Rebelheart and myself signed up to?


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  • Registered Users Posts: 893 ✭✭✭I.S.T.


    steve06 wrote: »
    I've just had a look there and I don't think you'd have a case really... you can't complain when the bus/dart/luas fares go up, it's a service you pay for and costs rise every year for any services or businesses wouldn't survive!

    "6. Advertising charges
    6.1 The Publisher shall have the right to change its scale of charges at any time"

    That does not apply. You've quoted the current terms. The terms the OP signed up to stated that his car would remain on the site until sold. OP, try writing a letter to carzone. If you get no satisfaction contact small claims court.


  • Registered Users Posts: 893 ✭✭✭I.S.T.


    copacetic wrote: »
    yep, but I think you would have a good case if you bought a luas ticket from Sandyford to Stephens green for €2 and at dundrum they stopped and asked you for another €2 to complete your journey. That is the equivalent to the OPs situation.

    Raising prices is fine for a new ad, not for renewal of a current ad that was advertised taken out under certain conditions.

    Exactly


  • Moderators, Category Moderators, Entertainment Moderators, Sports Moderators Posts: 22,584 CMod ✭✭✭✭Steve


    I think the cause of all this is the dealers that are advertising there. Instead of taking out new ads when they sell, they edit the details and put another car up - thereby effectively getting free advertising.
    I'd say carzone is trying to put a stop to this and if complaints from a few users is the only side effect then it's worth it from their point of view.


  • Registered Users Posts: 667 ✭✭✭fm


    i had a van for sale on it since march and was renewing it for free every month until recently when they told me there werent doing van sales anymore


  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    Car-dealer wrote: »
    No matter what the carzone people, or people on here, say.

    We'll make our own decision on that when we have a chance to see the contract information/terms & conditions, if the OP can share this with us, thank's very much! :rolleyes:


  • Posts: 0 [Deleted User]


    copacetic wrote: »
    yep, but I think you would have a good case if you bought a luas ticket from Sandyford to Stephens green for €2 and at dundrum they stopped and asked you for another €2 to complete your journey. That is the equivalent to the OPs situation.

    Raising prices is fine for a new ad, not for renewal of a current ad that was advertised taken out under certain conditions.


    +1

    or another way to look at it if you paid your insurance for the year and then for no reason a couple of months into the policy the insurance company rings you up and demands more money or your policy will be canceled.


  • Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Has the op actually spoken to anyone in Carzone or has he just sent emails and left voice mails?


  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    Anan1 wrote: »
    I'm no lawyer, but I don't think it does. I paid my money on the basis that they would advertise the car until sold. No amount of small print can change this simple fact.

    @steve06 - Out of interest, are you quoting carzone's current T&Cs, or those in force in April, ie the ones Rebelheart and myself signed up to?

    I agree with Anan. Under this clause, if you accept that it is enforcible, then Carzone could come back at you, (even if they allowed you to renew your ad for free until the car was sold), and say, "No, subject to our term that we can change our price at any time, it's no longer 30 Euro, it's now 300 Euro, so we want another 270 Euro or we'll take you to court for it".

    Clearly the terms & conditions at some point become binding and fixed in terms of what is undertaken for the price quoted. I think this happens when payment is made.

    If you paid now, and the terms and conditions now are that you cannot renew for free until your car is sold, fine. But if they have previously taken money off you on the basis of a different undertaking, then in my mind it is that undertaking that you have paid them for and that remains the case until they have discharged that undertaking, which in your case is allowing you to advertise your car until it is sold...


  • Closed Accounts Posts: 52 ✭✭bustershark


    It appears that CBG are not charging for private sales.
    Reckon it' a response to the carzone change?


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    Yes, but isn't what's happening that:

    OP signed up for the service that included free renewals.
    Carzone changed their pricing structure and advised that, in order to renew the ad for next month there'll be a pricing change.
    Carzone haven't said that they're owed anything for previous months - the increase isn't retrospective.
    Anyone who's posted on here that they've queried the pricing change with Carzone has said that Carzone capitulated and let them continue with the ad for free.

    So:
    a) if the OP talks to Carzone then the situation will probably fix itself
    b) because the ads are renewed on a monthly basis, are we sure that you're not entering into a new agreement every month rather than extending the agreement you previously had in place?


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  • Closed Accounts Posts: 4,091 ✭✭✭Biro


    AudiChris wrote: »
    Yes, but isn't what's happening that:

    OP signed up for the service that included free renewals.
    No, he signed up for a service to advertise his car "Until it is sold". That used be what was on Carzone, therefore that's what he paid his money for. Changing conditions is only from now on. Using the luas price increase as an example, you buy your yearly travel card in January, so now you can travel as much as you like for the year. However, in February they say "price increase, your travel card is now useless till you give us more". That can't be done.
    AudiChris wrote: »
    Carzone changed their pricing structure and advised that, in order to renew the ad for next month there'll be a pricing change.
    That would be fine if they said "Advertise your car for €30 and get free renewals!"
    They didn't, they said "until the car is sold". The car is not sold. Renewals or no renewals, that was the agreement.
    AudiChris wrote: »
    Carzone haven't said that they're owed anything for previous months - the increase isn't retrospective.
    Anyone who's posted on here that they've queried the pricing change with Carzone has said that Carzone capitulated and let them continue with the ad for free.

    So:
    a) if the OP talks to Carzone then the situation will probably fix itself
    b) because the ads are renewed on a monthly basis, are we sure that you're not entering into a new agreement every month rather than extending the agreement you previously had in place?


  • Closed Accounts Posts: 34,809 ✭✭✭✭smash


    Either way... he's been selling his car for a year so there's something not right there!


  • Registered Users Posts: 1,160 ✭✭✭De Hipster


    The link to the Terms & Conditions provided relate to Dealerships, as per the heading: "Car Dealership Terms & Conditions".

    Also, the terms and conditions on Carzone are not dated & were updated in April of this year, therefore may have changed since you bought your ad. This would suggest that you should be entitled to maintain the T&Cs of your original contract with them, assuming the ad has not been allowed to lapse?

    If you have the original T&Cs you, may have a case for both Ombudsman & on Trade discriptions...good luck proving it through


  • Closed Accounts Posts: 7,097 ✭✭✭Darragh29


    It appears that CBG are not charging for private sales.
    Reckon it' a response to the carzone change?

    CBG only have a small segment of the market, they haven't anywhere near the number of cars that Carzone & Autotrader have...


  • Closed Accounts Posts: 1,393 ✭✭✭Climate Expert


    Terms and conditions aside the sale was based on a rolling free renewal. If you can't get that then you are due your money back. You will probably have to hit small claims for this which will set you back €15.

    If they don't reply I would go down this route out of principle.


  • Closed Accounts Posts: 164 ✭✭cbyrne


    I got an interesting call from carzone yesterday, cold call looking for me to take out a new ad with them (I have an existing ad there for a few months) but they were cross selling carzone and autotrader. Now, one thing i also preferred about carzone was they never cold called, unlike CBG who basically put me off every advertising on their site/mag, they rang everyone on carzone and buyandsell touting their site and I got so sick of telling them not to ring me. Now I'm really p**sed off that carzone are doing the same thing. Honestly, its almost like they are trying to loose business. First price increases, then no ad renewals, now cold calling.. what next?

    I also find it interesting that we all go on about carzone having all the market and sure they're the one to use given the high volume etc. and all the dealers are locked into them - but if the ordinary person like us stopped using them i'm pretty sure the dealers would too once the traffic started descreasing. We all need to vote with our feet and start using the other just as good if not better sites out there. Carzone have it too easy in my opinion, in fact they don't ever seem to even bother advertising as we are all 'drawn to it' like moths to a lightbulb!!

    I say break the carzone cartell ;)


  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    OP, how hard did you really try to investigate this query before you posted here??


    I just contacted Carzone via telephone (during lunchtime, no less). It was answered by a chap called David in 3 or 4 rings, he was able to confirm over the phone that anyone with an ad that was put up before the pricing change will remain under their original agreement. All they need to do is contact Carzone and they'll have their account/ad amended to the original terms and conditions.

    Please phone them at 01 449 0650 and put this thread out of its misery...




  • Registered Users Posts: 12,761 ✭✭✭✭galwaytt


    OP is right - I too have a car on Carzone for a very long time.

    When they made the first set of changes earlier in the year, we understood renewals were no longer free of charge.

    However, and I'm going to look at home this eve, my old ad, being placed before the new rules, continued to be listed and renewed, f.o.c. I paid for an ad 'until sold'. That is the T & C I bought the ad under.

    However, this latest change attempts to stop that practice, and I've emailed them twice inside the last 3 weeks about it - to no avail.

    And this is all down to the new owners, Autotrader. 'sfunny how autotrader's site also started acting funny at the same time. I've just retested it now - if you type autotrader.co.uk, you get redirected to niautotrader.co.uk - they are obviously using IP's to determine, and so control traffic from Ireland. At the very least, it's cynical, stupid, even commercially asanine............at the most, I wonder if ComReg have anything to say on the issue if IP manipulation.........??

    And AudiChris, anyone can sell something in a month if you give it away. That's not selling, that's liquidation. Length of time an ad is there is entirely dependant upon, in my case, the vehicle. I know that it was advertised for a full year by the dealer before I bought it, so I'm not buy a simplistic 'you're price is wrong' from anyone....

    Oh, and I've rang that no - it rang 15 times, and went to VM, so we'll see....btw, vm announces that it's home to trader, carzone and webzone.

    Yep, new blood needed to liven things up, methinks.

    Ode To The Motorist

    “And my existence, while grotesque and incomprehensible to you, generates funds to the exchequer. You don't want to acknowledge that as truth because, deep down in places you don't talk about at the Green Party, you want me on that road, you need me on that road. We use words like freedom, enjoyment, sport and community. We use these words as the backbone of a life spent instilling those values in our families and loved ones. You use them as a punch line. I have neither the time nor the inclination to explain myself to a man who rises and sleeps under the tax revenue and the very freedom to spend it that I provide, and then questions the manner in which I provide it. I would rather you just said "thank you" and went on your way. Otherwise I suggest you pick up a bus pass and get the ********* ********* off the road” 



  • Closed Accounts Posts: 34,809 ✭✭✭✭smash


    galwaytt wrote: »
    I wonder if ComReg have anything to say on the issue if IP manipulation.........??

    Thousands of sites redirect based on IP, including google! It's not "IP manipulation", it's a redirect and it's up to the site to decide where it wants to send it's surfers.
    :rolleyes:


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  • Closed Accounts Posts: 12,035 ✭✭✭✭-Chris-


    Jaysus, seems like there's a lot of tin-foil-hat wearing conspiracy theorists out there today...


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