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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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Last week my wife took our four year old car to get repaired

Resolved Question:

Hi, Last week my wife took our four year old car to get repaired at a garage at a car dealership and saw the new model vehicle and thought how nice it was. She discussed this with me that evening and we thought we would find out how much we could get a new car for. When she went back the next day to pick up our car from repairs she spoke to a salesman and ended up signing a Vehicle Order to buy a new car, using our old car as part exchange. She paid a £1,000 deposit using a credit card. She was told that the new car will be ready in about 3 weeks.
This week we have had second thoughts about buying the car and we now want to pull out of the contract and I understand we will probably have to forfeit the deposit already paid, but I have a question regarding the validity of the contract as the Vehicle Order is made out to me in my name solely, but it was my wife who signed it. I have been to the dealership since my wife signed the contract to test drive the car and speak to the dealership about car finance, but I haven't signed any documentation at all. Do I have grounds to claim back the deposit paid, as I believe the contract is invalid as it is in my name only but it hasn't been signed by me personally? Delivery of the car is still approximately 2 weeks away.
Any information would be greatly appreciated.
Kind regards
Scott
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
What does the contact say about cancellation ?
Customer: replied 1 year ago.

Hi Alex

Please find attached a copy of the Vehicle Order (and Purchase Invoice for our old car used as part exchange) which includes the T&C.

Hmm, I tried attaching a 5 page pdf but it looks like I can only attach images so I have only added the Vehicle Order and T&C.

Let me know if you have any other questions.

Many thanks

Scott

Attachment: 2015-07-25_075404_honda_crv_order_form_-_17jul2015.pdf

Expert:  Ash replied 1 year ago.
You will lose the deposit. You can't claim it back just because there is a discrepancy. You are cancelling the order, they could make you go through with it, The contract doesnt say it cancellable.
Therefore I think you will lose the deposit, otherwise they could push the order through.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.

Hi Alex, Thanks for your reply.

I understand the bit about cancelling the order and losing the deposit but my main question is about the validity of the contract itself - the contract is in my name but I didn't sign the contract. I cannot see how this is a valid contract.

Am I correct in thinking this?

Regards

Scott

Expert:  Ash replied 1 year ago.
Scott - you are. But if someone else was authorised to sign it on your behalf then it is valid. If you are saying they were not authorised then it is fraud and should be reported to the Police
Does that help?
Alex
Customer: replied 1 year ago.

That makes sense - Thanks Alex

Expert:  Ash replied 1 year ago.
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
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Expert:  Ash replied 1 year ago.
Hi

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

If you have not done so already 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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