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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I agreed to purchase a car over the Internet and confirmed

Resolved Question:

I agreed to purchase a car over the Internet and confirmed it by email without seeing the vehicle first hand. I paid a deposit of £500 by bank transfer and have now been waiting over two months for the car to be delivered. I am now told it will be January whereas I was originally told three weeks. (The car is an import and needs to be registered with DVLA).
I saw the car for the first time last Sunday and it was so bad I cancelled the purchase verbally straight away and then by telephone the following day and also by email. My arguments are the delay and the condition of the vehicle. I would like my deposit back but am more concerned about whether I can get out of the contract.
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 : Did the order or contract specify a delivery date or say time was of the essence?
Customer:

No mention of time except that I asked how long it would take and they said three weeks.

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 signed 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?
Customer:

Ok thanks Alex. My losses will presumably be only the deposit, not my time? Do I need to mention the condition of the vehicle as another reason to decline the purchase?

Alex Watts : Yes loss of deposit. Mention the condition as well but your main claim is for deposit.
Alex Watts : Does that help?
Customer: What I meant was should I use both the delay and the condition as grounds for breaking the agreement to purchase? My claim is for the deposit only I realise that, although the delay of three months has certainly things more difficult. I did email at one stage and say I was not in a rush! Silly me.
Alex Watts :

Yes you can claim both of those grounds.

Alex Watts :

Dont worry about the no rush point.

Alex Watts :

The fact it is, it has been considerable time

Alex Watts :

Does that help?

Customer:

Yes thanks that's fine.

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