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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69535
Experience:  Over 5 years in practice
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Do I have a case? In brief I tried to buy a car from a business

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Do I have a case? In brief I tried to buy a car from a business dealer 200 miles from my home. I asked a number of specific questions questions regarding the cars condition and paperwork and I received positive answers by e-mail. However after I paid a £400 deposit on the car I travelled, with my carer, only to find that I had been seriously misled about the condition and paperwork of the car and it could not be legally driven We had no choice but to reject the car and received a refund for the deposit of £400. My problem is that after being shown the door in a strange City we were left out of pocket totaling £431 which inluded travelling expenses and insurance and breakdown costs. Can I sue to get my money back?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are you hoping to recover those from the seller?
Customer: replied 2 years ago.

Yes I feel that if I had not been lied to I would not have travelled and lost any money. The business fails to s ee that I acted on the specific information I requested and received from them.

Expert:  Jo C. replied 2 years ago.

Thanks for the information and the time.

I am sorry but I cannot give you good news then. I’m afraid you are in difficulty here.

The seller may well have misrepresented the vehicle. The effect of that is that you were entitled to a refund and recission of the contract.

What you are trying to claim is consequential losses which cannot normally be claim in misrepresentation and, in fact, the travelling costs would have been incurred anyway even if you hadn't purchased so they are not a consequential loss but the risk you bear when you travel to view a vehicle.

You could ask for something to which he might agree in the interests of good business but I'm afraid you would lose at court if he contested the matter.

I'm sorry this isn't the answer you wanted but it is the position that you face and I have a duty to inform you truthfully.

Hope this helps. Please let me know if you need more information.

Jo
Customer: replied 2 years ago.

hi Jo,


 


on the matter of consequential losses the bulk of my out of pocket expenes were incurred on the return journey which was not planned for as I accepted his representations as beng true. We travelled by coach to collect the car but were forced to travel by train to return home. The insurances that were paid for would not have been required had he told the truth. Does that change anything?


 


Best regards


Mark

Expert:  Jo C. replied 2 years ago.
You do have a claim. You could argue this is a consequential loss. It is one of those claims that will be hard to bring. Consequential losses have to be within the contemplation of the parties and he may argue that the insurances and breakdown costs were not.

I'm afraid the journey home is not a consequential loss. Its the risk that you bear when you go to see a new car. You may not have liked it for a variety of reasons.

of course, if you issue against him then he may settle in the interests of good business as its not worth the manpower of contesting.
Customer: replied 2 years ago.

Hi Jo,


 


Is it not the case, that if a contract exsisted, that my claim would be for actual breach of contract.


 


It is my understanding (quoted from online resources) that:-


 


"A breach of contract occurs where a party to a contract fails to perform, precisely and exactly, his obligations under the contract. This can take various forms for example, the failure to supply goods or performa service as agreed."


 


Regards


Mark

Expert:  Jo C. replied 2 years ago.
Well, its misrepresentation which is basically breach of contract.

But that doesn't mean you can claim any losses that flow and I'm afraid I don't think you could claim these.
Customer: replied 2 years ago.

Hi Jo,


 


Sorry to be a pain but I'm confused. In your fist reply you say no claim, in your second you say there is and your third says there is not. Can you please clarify for me.


 


Best regards

Expert:  Jo C. replied 2 years ago.
I'm not really sure what I can add to this.

The journey home is without any basis at all.

The remaining claims are consequential losses that are not within the contemplation of the parties and so cannot by claimed.

I'm happy to continue with this but please rate my answer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69535
Experience: Over 5 years in practice
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