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 Ash Your Own Question
Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
75100385
Type Your Law Question Here...
Ash is online now

I purchased a new land rover on 21st March [ex demonstrator]

Customer Question

I purchased a new land rover on 21st March [ex demonstrator] over the phone. Paid five hundred deposit to secure. Dealer offered me 6k as a trade in on my 06 plate vehicle, described as 'fair' condition. New vehicle was leased so paid another 5.5k to lease company. I delivered my vehicle on trailer [ distance of 150miles] and collected new vehicle. Dealer gave my old vehicle a test drive, said it drove ok, pulled well but fault showing on dashoard and vehicle went into 'limp home' mode. Probably something simple, put it into workshop on Monday to have a look. Said at time' may have to reduce purchase price a little but have a look. Now saying ' please collect vehicle, it has numerous mechanical faults as you are aware'. I realise this is two seperate contracts but one was dependant on the other. I am self employed but 'trade in' was for private car although previously kept by my company, now closed. I will have to hire a trailer and allocate another day to collect.
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you with this.
Were you aware of the faults before you purchase please?
Customer: replied 2 years ago.

Have you made an error?. It was the vehicle I was trading in that they claim to be faulty. The vehicle I purchased I have yet to use as it is stored and has only done 300 miles.

I was aware that vehicle did occasionally go into limp home mode but always found this to be battery fault. The brake fault light on dash came with the vehicle five years ago and despite having two new electronic handbrakes fitted, both by Land Rover establishments, the light stayed on. Vehicle had also had new brake discs and a recent new engine.I had pointed out the light problem at initial conversation.

In addition the dealer asked me to sign the V5 registration document at their premises and have retained it. I also signed a registration retention form which they retained. I have not received the V5 for the new vehicle after six weeks and a check with the DVLA yeaterday showed the vehicle still owned and currently taxed by the dealer.

Expert:  Ash replied 2 years ago.
Apologies I had misunderstood. Did you sign an order where it showed your old vehicle as part exchange.
Customer: replied 2 years ago.

No

Expert:  Ash replied 2 years ago.
Thanks. What is it you want to achieve?
Customer: replied 2 years ago.

I have not received payment of 6k for the sale of my vehicle. I have had to make deposit on the new vehicle from my savings account and need to replenish this. In terms of settlement I would go to 5k to close the matter. Does my signing of the registration form on their premises not constitute an order/contract ?

Expert:  Ash replied 2 years ago.
You want to compel them to pay the £5k, is that right?
Customer: replied 2 years ago.

Yes, I feel that as they offered me 6k as a trade in over the phone at the time of initial order, they test drove the vehicle upon delivery identifying minor fault and should therefore stand any losses.

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request a refund of the £5000 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.
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.
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.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.
Can I clarify anything for you about this today please?
Customer: replied 2 years ago.

Thank you for your answer but you have not stated as to whether a contract is in place and what are the principles on which I am able to make a claim. Also under what facts could they provide a defence. I would be grateful if you could explain the detail a little more.

Many thanks

Expert:  Ash replied 2 years ago.
Yes a contract does appear to be in place. If they agreed to purchase then that is a contract regardless of whether anything was signed, unless their offer was conditional then they can't go back on it.
Does that help?
Alex