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UK-Justice
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience:  Called to the Bar in 2007
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I have bought a car from a dealership and now discovered that

Customer Question

I have bought a car from a dealership and now discovered that the vehicle model is not the model that I was sold. sorry not very good at explaining, the sales person when I asked what model it was said it was a 140 (2010 model) this I required to insure the car before collecting it from the dealership and they require the cover note for the purchase of the tax disc. On collection of the vehicle I again asked was he sure that the vehicle was a 140 model and not a 136 model, because the insurer first couldn't find the vehicle on the database and asked if it was inported, the sales person said no it was not inported and it was a 140 model. this was insured through their 7 days free insurance by their own insurers. I then queried the paperwork before signing by again asking if it was the 140 model, again he answered yes. I then on return home insured it with my own insurers because I had to take my previous vehicle off it.( Insuring it as a 140 model). As there were some items that needed to be received by them i.e the service book that wasn't in with the handbook etc. I emailed and asked again was he sure that it was a 140 for clarification, he has come back and now informed me that I have the 136 (2008-2010) model, so I have a car that isn't the model that I had been sold. where do I stand with the dealership, I have made an appointment with the Manager of the sales end of this week to discuss the misinformation of saleing, where do I stand.
Submitted: 3 years ago.
Category: Law
Expert:  UK-Justice replied 3 years ago.
Thanks for your question, I will do whatever I can to help you. Please remember to rate my answer SMILEY FACE OR ABOVE.

What is it you want to achieve?
Customer: replied 3 years ago.

for 1 thing if I had had an accident then I would have invalidated my claim and wouldn't have been able to make a claim, my insurers now have the correct model. Secondly, the car I have bought is an older model than the model I was informed that I was getting, can I get any compensation against this misinformation, in other words if I should decide to sell the vehicle the cost of the vehicle would be less than I would have thought it would fetch, because of it being an older model.

Expert:  UK-Justice replied 3 years ago.
When did you buy this?
Customer: replied 3 years ago.

I bought the car on 11th January and collected it on 18th January.

Expert:  UK-Justice replied 3 years ago.
This is breach of contract by misrepresentation.

This is where you rely upon representations made and induced into a contract because of that.

If this is the case then you can claim breach of contract. The remedy for this is rescission, which is where both parties go back to the pre contract position.

This means you can either have the car returned or claim compensation.

This is because you relied on asking for a particular model but given a different one.

You need to write and ask for your compensation within 14 days or say you will go to court.

If they refuse then you can issue proceedings, you can do this online at www.moneyclaim.gov.uk - you will have to pay a fee but this will be added to the claim.

If your claim is for £5000 or below it will be a small claim and you won't need a solicitor.

But you have a claim based on what you have said.

I hope this helps.




Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
UK-Justice, Barrister
Category: Law
Satisfied Customers: 16193
Experience: Called to the Bar in 2007
UK-Justice and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Have I to send a written request for compensation and the amount(what would be a reasonable amount to apply, because if send the car back I won't have a vehicle to get to work, etc.

Expert:  UK-Justice replied 3 years ago.
Yes you do.

The value between the actual model and the one you got would be reasonable


Please remember to click *** OK SERVICE *** or above so that I am credited for my time. The question does not close and you can ask follow ups.

Important: If you feel the need to rate as one of the lower two scores, it counts as negative feedback so please reply to me via the REPLY with any further questions you may have. I will be happy to assist you further.
Expert:  UK-Justice replied 3 years ago.
I'm just following up with you to see how everything is going. Did my answer help?

UK-Justice

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