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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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If you have made a part payment truck and dont want to

Resolved Question:

If you have made a part payment for a truck and dont want to continue to complete the transaction from a used truck yard, is your funds fully refundable or do you have to await the dealer selling the truck. This was from ex-stock
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 :

For now please let me know whether you signed a contract or not

Alex Watts :

If so what does it say about cancellation?

Customer:

No contract

Alex Watts :

Was there any agreement as to the deposit please?

Customer:

I saw the truck advertized in Truck trader, got a quote for GBP 15,500 negotiated a figure of GBP14,000

Customer:

No to conditions

Alex Watts :

Ok, the basis of the deposit was paid on what understanding?

Alex Watts :

You would buy the truck I assume?

Customer:

I paid GBP 10,000. the balance when I am ready to ship. The supplier said he did not see the funds in his account for more than 2 weeks

Customer:

yes to the last question

Alex Watts :

Ok. And then after 2 weeks?

Alex Watts :

Why do you want to cancel?

Customer:

I however would need to state the reason for my discontinuing the transaction

Alex Watts :

Yes of course

Customer:

Having difficulties with his bank, he claimed to have recieved GBP 9,636 and the transaction forms from his bank showed that the funds were converted to Euros and back to GBP. I inquired and finally had my bank ...... continued

Alex Watts :

Ok

Customer:

Rectify the matter only to be told that the supplier closed the account. I requested new banking details and received on in January. When I had the funds, in early march I called again to confirm the new banking details and was told that what I had was wrong ...... cont

Alex Watts :

Ok, so he has not made the process easy for you then?

Customer:

I requested by phone for the correct banking details and received a new banking details in Barclays, Luton. The balance of 4000 was sent there. He claims that that is not his account

Alex Watts :

Sure.

Customer:

All the accounts were Barclays so I assumed this to be real particularly as the request was maid by phone. He claims my e-mail was hacked

Alex Watts :

Usually based on what you have said I would say no. A deposit is the deposit and you have lost the £10k

Alex Watts :

But based on the fact you have outlined the issues I think it is fair to say the supplier has not been particularly helpful

Alex Watts :

This is a troubled transaction.

Alex Watts :

Therefore you could ask for the deposit back.

Customer:

He further claimed that he is based in Ireland, son therefore would not send me a UK account but sends his account in a London based account

Alex Watts :

You would need to issue proceedings and then see if the debt is defended.

Alex Watts :

But in reality we both know the supplier is going to object and say no

Alex Watts :

This leaves you the only option of taking him to Court.

Alex Watts :

If it is you will have to go to Court. But based on what you have said, I think this is a contract that can be cancelled and you can ask for your money back.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

I wrote and faxed a response that I have no confidence in sending any fund at at account and want to end the transaction which is where we seem to have stalled with no responses

Alex Watts :

Indeed.

Alex Watts :

Then because of the reasons above I think you can ask for it back

Alex Watts :

But be prepared to go to Court.

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

His attitude seems to be to heel with you, a few minutes ago he says, when I sell the truck you will get what is realized

Customer:

Hell

Alex Watts :

Indeed.

Alex Watts :

Is there anything else you want to ask me?

Customer:

If you have a fax number, the exchanges in wrining and texts responses can be forwarded and advise on the proceeding to refund my payment

Customer:

Please clarify

Customer:

I ahve no problem in going to court and would need advice as how to proceed.

Customer:

I am in Trinidad, have tranacted busness in 12 countries without any complications

Alex Watts : Well you need to write. Set out your position and ask for payment
Alex Watts : Say you are prepared to go to court
Customer:

Done that, doesnt seem to clear

Customer:

I sense he believes he is too far to touch\

Alex Watts : Then you need to issue proceedings
Customer:

please advise

Customer:

What is your view to a full refund

Customer:

How do I start to get representation?

Customer:

any idead as to cost?

Customer:

The supposed fraud was reported to UK.CO and action fraud.

Customer:

are you still there?

Customer:

Hello!!!

Alex Watts : Just checking into hotel
Alex Watts :

I think you would be be entitled to a refund

Alex Watts :

It wont be a small claim as its over 2000 Euros

Alex Watts :

To find a Solicitor you can go to:

Alex Watts :

http://www.lawsoc-ni.org/solicitors-directory/

Alex Watts :

This gives you a general list.

Alex Watts :

They can start proceedings for you.

Alex Watts :

Does that help?

Customer:

Have I been abandoned?

Customer:

Has time run out?

Alex Watts :

You have rated poor service?

Alex Watts :

No, time has not run out. But sometimes I switch screens to answer an email

Alex Watts :

What else is it you would like to know?

Alex Watts :

Are you able to respond so we can finish off your question?

Ash and other Law Specialists are ready to help you