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Jenny
Jenny, Solicitor
Category: Law
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Can you please advise on the following: I paid a deposit

Customer Question

Hi,
Can you please advise on the following:
I paid a deposit to Mercedes main dealer on a used car and was given a purchase order and a receipt. They came back the following day apologizing because their other branch had sold the car to someone else. I asked them in writing to owner the agreement and find a solution with at least similar if not slightly better specification car. They offer me 4 different cars but always compromising the cpec. What can I do?
Many thanks
Submitted: 10 months ago.
Category: Law
Expert:  Jenny replied 10 months ago.
Hello my name is ***** ***** I am happy to help you today. What outcome would you like to achieve here? Is this in respect of a new or used vehicle?
Expert:  Jenny replied 10 months ago.
Sorry I can see in your question it states it is a used car have they offered your deposit back?
Customer: replied 10 months ago.
yes but I invested time in this and need a car similar to what was agreed
Customer: replied 10 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 10 months ago.
my number is *****
Expert:  Jenny replied 10 months ago.
Hi legally you entered into a contract with them when you signed the purchase order and paid the deposit for the specific vehicle. If they are unable to offer you the car due to a mistake then you are entitled to have your deposit refunded as you cannot be made to be out of pocket as a result of their breach of contract. If you have been offered your deposit back you have not suffered a financial loss so there is really no further legal action you would be able to take. They are certainly not legally obliged to offer you a car of a higher spec than that you ordered, although they may be willing to provide one as a good will gesture. Is there anything further you would like to know?
Expert:  Jenny replied 10 months ago.
Hello Mohamed is there anything further you would like to know?
Customer: replied 10 months ago.
They waisted my time and sold the car that I bought to someone else. If I was breach of contract they would'v kept my deposit. Who is going to pay for my time and the extra time needed to find another car?
Expert:  Jenny replied 10 months ago.
I know that you are not in breach of contract. You can try to bring action in respect of wasted time if you wish if you can demonstrate actual financial loss.I would suggest you write a letter before action stating: 1. They are in breach of contract and that if they do not provide a reasonable solution you will bring a claim in the small claims court to recover your losses in terms of wasted time.2. You should assess approximately what those losses will be.3. You should state that as an alternative to bringing a claim you will accept the amount stated above plus the refund of a deposit or a car of equivalent or higher spec. 4. You should give them 7 days to come up with an acceptable solution or you will issue a claim in the small claims court. A claim for money can be issued at www.moneyclaim.gov.ukIs there anything further you would like to know?
Customer: replied 10 months ago.
No thanks, ***** ***** good evening.
Expert:  Jenny replied 10 months ago.
Sorry I'm not sure what you mean by no thanks? This is the legal recourse. What more are you looking for?
Expert:  Jenny replied 10 months ago.
Hi I'm sorry do you mean you don't want further information I'm having a problem reading the posts tonight on here.
If I have answered your question I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time.
Thank you and all the best and do come back to me in the future if you need to.

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