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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Last September my 19 year old son bought a brand new car on

Customer Question

Last September my 19 year old son bought a brand new car on a 3 year deal, with me, his father, as guarantour The main attraction to this deal was that a full 12 months insurance was included for a payment of £99.00. However it now transpires that the car dealer we bought it from did not pay the insurance company and a false insurance certificate was issued. This means that my son was driving around for 8 months without actually being insured. fortunately the insurance has not been required, but the police have become involved. It is the car dealers fault and they have said that if my son gets himself insured and presents them with the bill they will pay it. The problem is this is no use as my son has now been banned from driving (this is due to speeding not to do with the insurance). This means he has also lost his job and cannot afford the repayments. I do not have any faith in the dealer and regard them as in breach of contract due to not covering the insurance. Can I take the car back and walk away from the deal without any further penalty?
Submitted: 2 years ago.
Category: Law
Expert:  Ash replied 2 years ago.
Hello my name is ***** ***** I will help you.
How much is the insurance please?
Customer: replied 2 years ago.

The quote my son had was approx. £1,300.00 but would no doubt be much more after his ban and loss of liecence as the leicence was held for less than 2 years.

Expert:  Ash replied 2 years ago.
The Police have become involved in what way?
Customer: replied 2 years ago.

My son was stopped and had to produce the insurance certificate which was checked out and found not to be genuine. The police have subsequently spoken to my son and the car dealer involved, and have seemingly found the dealer at fault, but i have not been party to these discussions,

Customer: replied 2 years ago.

I have just replied. Would it be possible for you to ask all the questions in one communication?

Expert:  Ash replied 2 years ago.
You need to write and set out your losses and request a refund 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,

What do you mean by my losses?

My main aim is to get out of the purchase agreement for which I am now liable to pay approx. £220,00 per month.

Expert:  Ash replied 2 years ago.
Losses is the cost. Unless you just want to walk away and hand it back. I assume you wanted the money back which had been paid. If not then yes you can just walk away, this is breach of contract by false representation.
Does that clarify?
Alex
Customer: replied 2 years ago.

Yes

thank you

Expert:  Ash replied 2 years ago.
Great, Good luck with this.
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Alex
Expert:  Ash replied 2 years ago.
Hi

I am just following up to see if there is anything else I can help with?

If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.

If you need more help please click reply.

Alex

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