How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48159
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Law Question Here...
Ben Jones is online now

Am I able to rescind contract due to car being advertised as

Customer Question

Am I able to rescind contract due to car being advertised as having full service history but history not provided
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

When did you buy the car?

Customer:

29 oct 2013

Ben Jones :

From a dealer or private seller?

Customer:

Dealer

Ben Jones :

Have you contacted them about this?

Customer:

Yes through Barclays Partner Finance and the dealer autochoice Bristol

Ben Jones :

So the car was bought on finance?

Customer:

Screen price 9999 part x(NNN) NNN-NNNNcash rest on finance

Ben Jones :

You will be able to argue that the car is not as described, which is a breach of the Sale of Goods Act 1979. This means you can reject it or ask for a replacement. To reject it you need to do so within a reasonable time. If this was bought in October then it is unlikely to still be within a reasonable time so this may not be an option. Instead you could argue for breach of contract – the contract for the sale was also for a FSH, which was not supplied, as such the contract may have been breached. Whilst you may try and rescind the contract, you cannot force the seller to do so and if they are being difficult about this then you are really looking at taking them to court as your only option in order to try and claim compensation for this breach.

Customer:

The fsh is only small part of the whole situation since purchasing the car we have only had it available to us for less than half of that time due to a number of faults I am trying to get them to take vehicle back on a number of issues 1 being no service history the other not fit for purpose is there any where I can go on this sort of thing on a no win no fee basis?

Ben Jones :

No win no fee will be unlikely with these sort of claims as the uncertainty ids too great and there would be considerable risk for a solicitor to take this on, but this will be taken to the small claims court - this is aimed at individuals with no legal representation

Customer:

At what stage do I need to take this action as I am about to send second letter to both stating my proposals due to existing problems after their first reply was very negative

Ben Jones :

Legally you have 6 years to make such a claim in the courts so you have time

Customer:

Do I need to be reporting them to trading standards as part of my reply

Ben Jones :

you do not have to but that is an option for you

Customer:

will it be of any benefit to me to do so?

Ben Jones :

you have nothing to lose, the worst is that nothing happens and things do not change, the best is they take action on your behalf

Customer:

what is the likely hood of that as I have read up and it seems a liitle grey

Ben Jones :

no one can predict I'm afraid, really depends on the individual circumstances, the local office that deals with this etc

Customer:

ok thanks for your time

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



www.justanswer.com/law/expert-ben-jones/

Ben Jones and 3 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Am I right in saying that the contract is between the finance co and me and not the dealer as have been told by cab because have received letter from Barclays saying dealer is not willing to accept vehicle back and therefore they will not continue complaint further

Expert:  Ben Jones replied 3 years ago.
Yes the contract is between you and the finance company as technically they are the seller so your statutory rights will be against them