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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70711
Experience:  Over 5 years in practice
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Re - private sale of my vehicle to a private

Customer Question

My name is Mike,
Re - private sale of my vehicle to a private buyer
I am being threatened with a small claim court action
I agreed sale of my vehicle and agreed a £1000 non refundable deposit in writing by email.
Upon receiving the Bill of sale the Buyer replied and agreed with the terms , and agreed the final balance be paid of £32000 11 days later upon his return from holiday.
Deposit was paid by bank transfer , details of bank were on the bottom of the Bill of sale
Now buyers wants his £1000 back having not viewed the vehicle. Claims his reasons for not continuing with the purchase and now wants the deposit back ,reason being he can not be sure that VAT was paid upon import . ( from Germany )
Note , under the HMRC n.o.v.a scheme for imported vehicles you can not get a release document to register it until HMRC are satisfied
I turned away another buyer after deposit was paid, and took vehicle off sale. The vehicle remains unsold
Within the small claims court how likely am I to achieve a successful defence.
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.
I am really sorry but you are not.
Come what may, you still have the vehicle to sell and so have provided no consideration for this contract. He is entitled to recover.
He is in breach of contract and you do have a claim for any loss you have actually suffered but it is difficult to see how one arises on the face of it beyond the annoyance of him causing you inconvenience.
I know time wasters are frustrating but I'm afraid that doesn't give rise to a claim.
Can I clarify anything for you?
Jo
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Hi jo
Please clarify" have provided no consideration for this contract"
If I understand you correctly I must give his money back
Expert:  Jo C. replied 2 years ago.
Haven't give him the car.
Yes, you must I am afraid.