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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience:  Solicitors 2 years plus PQE
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I placed a deposit on a car, I am in Scotland and he is in

Customer Question

I placed a deposit on a car, I am in Scotland and he is in England, as we were approaching the date on which I was coming to see (and hopefully buy) the car he revealed information to me about the vehicle only having one key (a replacement is £250). I asked him to cover this as the information had been withheld, his response was quite aggresive and he made a statement that the deposit (£500) was non refundable (it was like a veiled threat). This for me broke the deal as the trust was destroyed. He tried to claim that the deposit was for servicing and taxing the car but he advertised the car with these (clearly stated in his advert). He tried to then back track saying he would cover it but how was I supposed to transfer more cash to him given his comment about the money he already had? I did ofer £100 to compensate him for advertising costs but he seems set on profiting from the situation.
He is now not reponding to my polite requests for the money to be returned (including a recorded delivery letter).
He broke the deal because of his behaviour and the fact he had kept information from me, can I pursue him through small claims?
Submitted: 3 years ago.
Category: Law
Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

As matter of law a deposit can only be non refundable if it is an express term of the agreement or it is implied because the goods supplied are personalised or perishable.

If you paid the deposit to him with no conditions attached then you are entitled to withdraw from the deal with the deposit.

I would write to him as follows:
1. Demand the full return of the deposit within 7 days otherwise you will commence county court action;
2. https://www.moneyclaim.gov.uk/ - you can start a money claim here. It will have to be in his local county court so you will not be able to commence it in Scotland.

Can I be of any further assistance?

Kind regards

AJ
Customer: replied 3 years ago.


That's great news.


I contacted moneyclaim but they said I could not raise a claim via them because I am in Scotland and he is in England?


What should I do?

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I am afraid what money claim have said is not correct. The debtor is in England so you can use the service https://www.gov.uk/make-money-claim-online - please see here. The service is open to anyone in the UK.

If they still insist on not letting you use it then you will have to commence directly with his local County Court which is essential the same thing. If you can tell me what county he is in I will tell you which court to apply to.

Kind regards

AJ
Customer: replied 3 years ago.


Thanks AJ, you have clarified this situation so well for me.


He lives in Leeds.


If you can tell me where to apply I will do this if moneyclaim still block my request.


Thank you so much for your assistance.


Les.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

I am sorry about that my impression of these on line service was to make life easier??

0113(NNN) NNN-NNNN Here is the phone number for the Leeds Combined Court House. Depending on the debtors exact postcode they may refer you out to another court but it will still likely be in Yorkshire.

If can be of any further assistance please let me know?

Kind regards

AJ
Customer: replied 3 years ago.

I will try the money claim site again per your suggestion but the person I communicated with said that both adresses must be in either England or Wales.


If this fails I will contact the court direct, is it just a small claims application I require?


Les.

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

Yes it will be in the small claims court Form N1.

Make sure you send the 7 day letter before action, before commencing the claim.

Kind regards

AJ

Alex J., Solicitor
Category: Law
Satisfied Customers: 3497
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi AJ,


 


I have prepared the recorded delivery letter now, per your guidence and have demanded the full deposit back and stated that if he fails to pay I will take him to county court. I have waited until today as this is now seven days since I sent the first recorded letter.


One thing that is niggling me is the service and tax on the car. I think I said before that he advertised the car with these but I then had to get him to agree to do this as he had falsely advertised it as having a full service history (when in actual fact it was overdue) and with six month tax (when in fact it was sorn at the time). Is a copy of his advertisement sufficient evidence against his claim? I am concerned that because I had to get him to comply with the advert that it may be misconstrued as a condition of sale when it was just what he said in the advert?


Thanks,


Les.


 

Expert:  Alex J. replied 3 years ago.
Hi,

Thank you.

The fact that you believed you were purchasing the car fully taxed and serviced does not provide him with a defence.

While he may try to use this as a defence it would probably be considered un equitable for the court to allow him to use his own wrong doing as a defence.

Kind regards

AJ
Customer: replied 3 years ago.

Hello again AJ,


I submitted my paperwork to the court and they have returned it saying that:


A claimant with an address outside of the jurisdiction of England and Wales can only issue when they have a solicitor within the jurisdiction acting for them, it does not appear you have a solicitor acting for you in issuing this claim and therefore it cannot be issued.


This seems ridiculous given the value of my claim, I am now going to have to pay more money out in pursuit of justice and yet the court may limit the expenses I can claim.


What do I need to do?


Thanks,


Les.

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