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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I have recently purchased a Land Rover defender from a main

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I have recently purchased a Land Rover defender from a main Land Rover dealer. It was a pre-registered vehicle (63 plate) with 4,600 miles on the clock. I traded in a car and provided a deposit leaving the balance to pay via an HP agreement. I did not haggle on the price, but I insisted that part of the deal and contract to purchase included an off road course. The salesman said that if he could get his boss to agree to the course then I would agree to the purchase of the vehicle. I said "yes". I was happy to walk away if this was not included. I took delivery of the vehicle just before easter and despite several emails chasing the off road course and assurances that it has been ordered I am still waiting for confirmation. I gave them 7 days notice on Monday and have said I will return the vehicle for a full refund under breach of contract. I have not used the vehicle for 3 weeks. Please can you let me know where I stand legally? Can I take the vehicle back and insist on a full refund? Also, they messed up the HP paperwork, so I have not yet signed the correct consumer credit paperwork. Many thanks Mike
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify that you have some form of written evidence that the off road course was agreed to be provided - either by way of reference in the agreement or in the course of exchange of emails? If you have such written evidence is there any mention of specifics for the course you required - i.e. a particular length or standard to be reached?

Customer:

There was verbal with the salesman and my wife was also present. Since then I have made reference to the off road course in all emails and the salesman has replied indicating that he has been discussing the matter with his director. They have also asked me to sign and send back the HP paperwork which I have refused to do until the matter has been resolved.

Joshua :

Thanks. From the emails is there a clear acknowledgement or implication that the off road course was agreed as part of the purchase?

Customer:

Yes.

Customer:

Hi Chay


 


Yet another week has passed and still no sign of the off road course Westover promised me as part of the contractural obligations on the purchase of Land Rover Defender HF63 TYS.


 


This is very upsetting on the basis that we fully explained to you the issue we had previously in similar circumstances. You were fully aware that the purchase of the vehicle was on the understanding that an off road course was included as part of the contractural obligations of Westover Group. This is somewhat souring what was a very pleasant experience dealing with you and Westover.


 


Please take this email as a 7 day notice period of breach of contract. Failure to provide the off road course will leave me no alternative but to seek legal advice. All costs associated with any legal advice will be billed to Westover Group.


 


Kind regards


XXXXX XXXXX

Joshua :

Thanks. From what you say you have paid a deposit for the car but not the balance which is to come from a finace company under an HP agrement which you have not yet signed. Is that correct?

Joshua :

When did you collect the car?

Customer:

Yes. They made a mistake on the credit agreement so they need me to sign another set of papers. Car was £28,990. Traded in my old car and gave them a additional cash of £3k, leaving c£10k on a 3 year loan.

Joshua :

Thank you. There is a 14 day cooling off period in relation to any hire purchase agreement from the date you agree to such an agreement though from what you say if the previous agreement was not valid this cooling off period may not yet have yet begun.

However notwithstanding this although you have a 14 day cooling off period with regard to any HP agreement it does not follow that you have a right to cancel a contract to purchase the goods associated with the agreement - here the vehicle.

Joshua :

Based on what you say the dealership is in breach of contract with regards XXXXX XXXXX sale of the vehicle and you have evidence express and/or implied that they agreed to provide you with an off road course as part of the sale. Their failure to honour that term is not a fundamental breach as to essence of contract and accordingly no right to cancel the entire contract arises from the same however there would be a right to sue the for the cost of paying for such a course yourself if they refuse to provide one to you.

Joshua :

There is however here a further interesting element in your favour. From what you say owing to a mistake they made you have not yet signed valid HP papers and accordingly they have presumably not been paid by the finance provider for the car so will no doubt be very keen that you sign the corrected papers as soon as possible. You can in addition to your above rights consider (as you are) using this as leverage to encourage them to a swift settlement of the matter.

Joshua :

Subject as above if necessary you can consider issuing proceedings against the dealership for the cost of paying for a course you agreed yourself. The simplest way to issue proceedings is by using www.moneyclaim.gov.uk. You can recover costs if successful.

Customer:

Understand. I thought that would be the case. I am threatening to take the car back to see if I get a response, or at least engage with a conversation with the director. Yes, that's why I haven't signed, as I presume they are also in breach of consumer credit act regulations under their FCA registration. Many thanks for the advice.

Joshua :

Accordingly you may consider writing to the dealership one final time further to your above letter setting out the position that you consider them to be in breach of contract in respect of their failure to honour a term of your agreement and that you will not be signing any HP agreement until they provide the course agreed to you and if they are not prepared to do so you offer them an option to take back the vehicle and refund all of your deposit in full within x days failing which you will issue proceedings in the county court for recovery of the money for the course plus costs. However my feeling will be that the pressing issue for them will be to get paid by the finance provider and so your refusal to sign the correct papers will likely exercise them sufficiently to obtain a settlement on the course issue.

Joshua :

A pleasure. If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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