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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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6 weeks ago i paid £250 deposit on Horsebox, we agreed a price

Customer Question

6 weeks ago i paid £250 deposit on Horsebox, we agreed a price of £14,750. Seller said it would be ready in next 10 days as it was going for an mot. We have been in touch mny times over the following weeks only to be told that the paperwork was imminent. It was an irish truck imported by seller into UK. We told him we needed it asap and he said no problem. He told us it was booked in for an mot and we said we could collect same day. However on the day we were due to collect we rung on the way and he said. Not to bother he had not passed its mot the day before and was irrepairable. We said we would come anyway with a mehcanic and assess it. He informed us he Was away and that was not suitable but he would email us the mot report which to date he has not sent. We believe the horsebox has now been sold to someone else - our deposithas not been returned and we have incurred over £1500 hire charges waiting for this horsebox to be ready. i would like to know that on paying the deposit does this instigate a binding contract and can he sell the vehicle to anyone else. We are obviously due our deposit returned But can we claim our expenses such as the hiring costs while we have been waiting. The advert we responded to stated 12 months mot on thevehicle.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

Yes a contract can be oral as well as written

Alex Watts :

A deposit is a good indication that there has been a contract.

Alex Watts :

Therefore you can sue for breach of contract, as the terms were you would be sold this box within 10 days and you have not.

Alex Watts :

You can sue for your deposit and potentially loss and damage if it was in the mind of the parties at the point of contract

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?

Alex Watts :

If this answers your question could I invite you leave feedback on my service which I hope has been excellent today, if you need more information or help then please click reply.

Please remember that I am always happy to help if you have future questions, even if I am in Court I can normally respond within a few hours. For future information, please start them with ‘For Alex W’.

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