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Hello my name is XXXXX XXXXX I will help you with this. Please note that I am a working Solicitor and may be on and offline as I have to attend Court and meet with clients, even at weekends. As such you may not get an instant response when you reply as this is not an ‘on demand’ live service, but rest assured I will be giving your question my immediate attention upon return. There is no need to wait here, you will get an email when I reply.
How did you pay for the vehicle please?
Yes they are in breach of contract as this is misrepresentation
That means you can end the contract.
The contract can be cancelled as the facts were clearly misrepresented.
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this recorded delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
What else would you like to know?
You asked if this was a breach of the agreement - yes
You asked if this was voidable - yes
This is because of the Misrepresentation Act 1967
The contract will be void because statements made which were false and these made you contract
If the maker of the statement knew they were false then you could also claim damages
But the process is as above. You need to go through the above steps
Forgive me - all I can see is out what was advertised, what you had and the questions which are:
Is there a case for misrepresentation?, breach of agreement?, voidable contract and remedial damages present? Please advise
There is no other text showing?
Perhaps you can repeat the text here and I can answer it for you
What is the value of the claim?
I am real.
What is the value of the claim as this is important to whether or not you can recover costs
As if it is £10,000 or below its a small claim and the rules are somewhat different
So value of the claim is very important to the legal answer
OK - good luck
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