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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70416
Experience:  Over 5 years in practice
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I recently spotted a car I liked on auto trader, and arranged

Customer Question

I recently spotted a car I liked on auto trader, and arranged to go and view it.
The Garage asked for a £250.00 deposit to keep it available.
I did not buy the car as I found that there was missing information on their advertisement.
I did not mention owners or service history.
The car in question was a range rover valued at 27000 pounds.
So before I travelled to see the car I enquired about how many owners it had (4) on a five year old car, and it did not have a full service history.
I informed them that due to these facts I now longer wanted to purchase the vehicle and asked for my £250.00 back.
That was Friday last week and as of about 10 minutes ago the money had not been returned to my account.
I just wanted to know where I stand legally before contacting them again.
I look forward to your reply,
Regards,
Paul Jennings.
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Have they raised any objection to repaying?
Customer: replied 2 years ago.
Hi Jo
I asked them to refund the £250.00 on Friday and the salesperson said she would have to speak to the management.
I thought I should give them ample time for them to respond.
No money has been deposited into my account from them, checked 1 minute ago.Paul.
Expert:  Jo C. replied 2 years ago.
There is no way around the fact that you are in breach of contract. You agreed to purchase and did not. I realise that you could argue that there were misrepresentations but it is never quite that simple.
However, they cannot just keep the money. They still have the car to sell so have provided no consideration for this contract.
They do have a claim for any losses actually incurred but from what you are describing it would amount to advertising possibly and some some admin fees which is not going to amount to £250.
Whatever should be happening though, the fact remains that they haven't done this. The only way of forcing them to comply is to sue if they refuse completely.
It is a small claims court sum so it would be cheap enough to do that.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
No that seems fine, thanks for the information.Paul
Expert:  Jo C. replied 2 years ago.
No problem and all the best.
Remember that I am always available to help with your questions. Even if I am in Court I will usually pick up a question within 12 hours. For future information, please start your question with ‘For Jo C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/