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
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.
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.
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