How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Alex J. Your Own Question

Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3611
Experience:  Solicitors 2 years plus PQE
13113900
Type Your Law Question Here...
Alex J. is online now

Alex You gave me some advice before on the purchase of

Resolved Question:

Hi Alex
You gave me some advice before on the purchase of a car and finance settlement. I have received a letter this demanding payment (with possible court action). Can you help me further please?
Regards
Nick
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi,
Thank you for your question.
How much are they demanding?
Have they given you a 7 day warning?
Kind regards
AJ
Customer: replied 2 years ago.

We write further to our letter of 27th February and your response dated 6th March 2015.


We have discussed the matter in detail with our client and we are instructed to respond as


follows.


1. Your contention that our client offered to settle the finance on the BMW X5 as an


inducement for you to buy the Audi A8 is fanciful. The offer was always conditional on


the BMW being handed over in part exchange.


2. The payment to Advantage Finance Limited was made in error. As a result of the error


you were put in a position where you could sell the car with full title.


3. You have therefore been unjustly enriched as a result of our client’s error and are liable


to repay the sum that our client paid to Advantage Finance Limited.


Please make payment of £3422.05 to our client by 20th April 2015, failing which we may be

instructed to issue court proceedings without further notice.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
It is entirely their prerogative to commence proceedings.
Your options are to either:
(i) Defend the proceedings;
(ii) Make an offer to settle;
(iii) Pay in full.
Having discussed this we determined that the payment was never made on a conditional basis. However I can understand their argument that you were unjustly enriched from this, however they have obviously put you in the awkward position of having to raise the finance.
Therefore I would consider writing back to them and saying that you did not ask them to interfere finance arrangements and now you are disadvantaged as you no longer have your finance. I would then make an offer to settle with them on the basis that they have inconvenienced you. This will be the quickest way to deal with it.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3611
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

how does this read?

I am today, in receipt of your letter dated 13/4/15 and would reply as follows;

I am and will contest your clients claim in that; at no point prior to the purchase of the Audi, did I ask Mon Motors to interfere finance arrangements and I am now disadvantaged as I no longer have that finance or the vehicle.

If this offer was conditional to my handing over the X5 then why did the ‘Mon-Motors’ Sales Manager not cease the sale from proceeding prior to day of purchase. He was made aware that I had sold the X5 and that I was travelling down by train to view/purchase the Audi. I have copies of all correspondence which I assume you have the same.

I therefore request time to seek legal counsel on this matter as for your client to now claim that they have made a mistake and I have been unduly enriched is questionable. This claim was made 3-months after the sale and I feel I am now being both inconvenienced by your proceedings.

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I would make the correspondence at the top "Without Prejudice - Save as to costs".
Say at the end that you "should not be held responsible for their client's negligence and incompetence.
Are you minded to invite them to make you an offer to settle? I would recommend doing this on the basis that they are the ones in the wrong here.
Kind regards
AJ
Alex J., Solicitor
Category: Law
Satisfied Customers: 3611
Experience: Solicitors 2 years plus PQE
Alex J. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

I will see where this goes and then possibly if I have to, make an offer to settle. nb the car was well over book price by more than the finance settlement, so knowing this I feel I have further grounds

Expert:  Alex J. replied 2 years ago.
Hi,
Thank you.
I would invite them to make the offer as they have inconvenienced you.
Kind regards
AJ
Customer: replied 2 years ago.

Ok

Expert:  Alex J. replied 2 years ago.
Hi,
Please do not hesitate to contact me on this thread if you want to discuss anything further.
Kind regards
AJ

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice