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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31300
Experience:  Over 5 years in practice
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I negotiated to purchase a van from the seller over the phone

Customer Question

I negotiated to purchase a van from the seller over the phone following sight of the vehicle on-line(auto- trader).
The seller agreed the price and confirmed via text, his details, inc, full name, position, address, a/c, sort code, company reg numb and vehicle description.
The seller, when asked specifically, confirmed verbally 'no faults with the vehicle... drives we'll...', 'mileage [circa]. '116,000', will be delivered to purchaser upon receipt of funds and return of invoice and moreover; that the advertised description viz: multifunctional steering wheel, Bluetooth connectivity, cruise control etc was present.
Vehicle had to be collected at expense following repeated excuses, mileage 145+, cracked windscreen, numerous engine fault warning lights etc
Is there a case for misrepresentation?, breach of agreement?, voidable contract and remedial damages present? Please advise
Submitted: 3 years ago.
Category: Law
Expert:  Ash replied 3 years ago.

Alex Watts :

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.

Alex Watts :

How did you pay for the vehicle please?

JACUSTOMER-nfexkxml- : Cash transfer to the account details given by text. Bankers receipt are in hand
Alex Watts :

Yes they are in breach of contract as this is misrepresentation

Alex Watts :

That means you can end the contract.

Alex Watts :

The contract can be cancelled as the facts were clearly misrepresented.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

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.

Alex Watts :

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.


 

Alex Watts :

Can I clarify anything for you about this today please?

JACUSTOMER-nfexkxml- : The answers which you have provided are basically known.
Alex Watts :

What else would you like to know?

Alex Watts :

You asked if this was a breach of the agreement - yes

Alex Watts :

You asked if this was voidable - yes

Alex Watts :

This is because of the Misrepresentation Act 1967

Alex Watts :

The contract will be void because statements made which were false and these made you contract

Alex Watts :

If the maker of the statement knew they were false then you could also claim damages

Alex Watts :

But the process is as above. You need to go through the above steps

JACUSTOMER-nfexkxml- : My text set out my actions to date, which you have already reiterated back to me. If you had read my text you would have extrapolated the depth of response required, especially in relation to the responses I indicated would be of greatest benefit to me!
Alex Watts :

Forgive me - all I can see is out what was advertised, what you had and the questions which are:

Alex Watts :

Is there a case for misrepresentation?, breach of agreement?, voidable contract and remedial damages present? Please advise

Alex Watts :

There is no other text showing?

Alex Watts :

Perhaps you can repeat the text here and I can answer it for you

JACUSTOMER-nfexkxml- : I requested relevant case law and legislation citation on the possible breaches. Moreover, I asked for the appropriate Court of Appeal ruling citation on case preparation claims for paralegal grade B or C costings.
Alex Watts :

What is the value of the claim?

JACUSTOMER-nfexkxml- : I'm dubious as to whom particularly that I'm dealing with, having been inform of a 'Jo C' being my recipient and then to be referred to a 'Alex Watts'. I am in doubt and you responses incline me to think that your replies are automated... On that basis I decline to continue any further and withdraw dissatisfied!!
Alex Watts :

I am real.

Alex Watts :

What is the value of the claim as this is important to whether or not you can recover costs

Alex Watts :

As if it is £10,000 or below its a small claim and the rules are somewhat different

Alex Watts :

So value of the claim is very important to the legal answer

JACUSTOMER-nfexkxml- : Please do not reply further, I withdraw consent to you replying to me and I am now signing off.
Alex Watts :

OK - good luck

Alex Watts :

Are you sure you do not want assistance? I have the page open in the White Book 2014 to help you today