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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69370
Experience:  Over 5 years in practice
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I bought a van to use for work from a private person on the

Customer Question

I bought a van to use for work from a private person on the 21/05/14. written contract has been exchanged, payment made and new Keeper document given to me. I have also completed the van document part which the seller needs to send to the DVLA. Because the van doesn't have road tax and the seller also agreed agreed to have the MOT done for me the following day, it is agreed between me and the seller that I will come and collect the car back in 2 days after when I sort out the road tax. To my suprise, The seller called me to say he does not wish to sell the car any longer and that I should give him my bank detail so that he could put the money I paid into my account.

I declined this arrangement and told him that this is a breach of contract and that there has been a change of ownership.

Please advise as I am to have started work with the van and there is a loss of earning on my part. The sellers refused to release the keys of the van to me.

I look forward to your reply

Thanks

O Ajao
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.

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

What would you like to know about this please?
Customer: replied 2 years ago.

I need legal advise, what are my rights and how can I pursue this matter, secure the release of the van and if possible pursue for loss of earning.

Expert:  Jo C. replied 2 years ago.
I am sorry but that is not realistic.

Of course, he is in breach of contract. The agreement was to sell the car. He has refused.

However, you have a claim for damages. In this case the money that you have paid. He is offering to repay that anyway so there is no point in suing.

You are trying to enforce specific performance of the contract which you cannot do unless the consideration is 'unique'. A car is not unique. Something like an animal or an antique would be unique.

You may have a claim for a small amount of loss of earnings though as a consequential loss but no more than that. You could sue at the small claims court here

www.moneyclaim.gov.uk

Although you should really write to him giving him warning first. Also you have a duty to mitigate your loss by seeking another vehicle and if you refuse to accept the money back to allow you to do that then the claim falls away anyway.

I'm very sorry.

Can I clarify anything for you?

Jo

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