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Jo C.
Jo C., Barrister
Category: Law
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Experience:  Over 5 years in practice
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we have broughtt a new car but was not told that it would have

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we have broughtt a new car but was not told that it would have 175 miles on the clock. the problem is we have brought a new 64 plate as the dealer said they had 1 that fitted our needs. we aggreed but was not told until now about the miles.
We was told that the car would be about 10 days so have now sold our car. The dealership has said that we could have our deposit back and order a 15 plate but we will have to wait 8 weeks. the problem with this is we have no car if we new about the miles we would have brought the 15 plate and waited to sell our car. The dealership is looking into compensation but how much should ths be. If we walk away can I charge them for a hire car while we wait for a new one.
Regards Mark
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Did you agree that time was of the essence?
Customer: replied 1 year ago.

yes I will be talking to them tomorrow morning so need some information

Expert:  Jo C. replied 1 year ago.
Ok.
What i need to know is whether you agreed at the outset that time was of the essence in relation to the delivery date?
Customer: replied 1 year ago.

Sorry did not understand your question. We was looking for a 15 but they said they could do a deal on the 64 plate. We said ok but at no time did we say that we had to have it at the end of the month we did not even no this would be available. said we had to have it before the end of the month. they are now saying that we did say that. we had a good car that would have lasted years so no need to get rid of it in 2 weeks

Expert:  Jo C. replied 1 year ago.
Thats a problem I'm afraid.
The basic issue here is that they didn't deliver at the time that was agreed. That is the cause of your difficulties as it leaves you without a car.
Unfortunately, you didn't agree that time was of the essence so the delivery date and it's breach does not give rise to rights to cancel.
It might give you a claim for compensation but, in truth, an assertion that it would be 'about' X number of days is not sufficient.ly certain to rely upon.
If you walk away then they would have a claim against you for their admin and advertising costs possibly but should return the deposit otherwise.
Whatever they offer in compensation would be a good deal. Your loss is difficult to quantify so it would be worth taking any offer.
Sorry if that is bad news.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

not sure if I explained it properly. The dealer has said we can have our deposit back and we can have some sort of compensation. Either way we had to have this car by the end of the month. we sold our car and was prepared to sell our car and wait until then. the problem now is the 175 miles that we was not told about at the agreed sale. if we walk away we now have no car if at the start they had told us about the delivery miles we would have waited for the 15 plate and sold our car later.

Expert:  Jo C. replied 1 year ago.
Yes, you mention that above.
Whatever they offer in compensation would be a good deal. Your loss is difficult to quantify so it would be worth taking any offer.
Jo C., Barrister
Category: Law
Satisfied Customers: 69520
Experience: Over 5 years in practice
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