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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69359
Experience:  Over 5 years in practice
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I bought a car though a broker from a Manchester- based

Customer Question

Hi, I bought a car though a broker from a Manchester- based dealer. There have been several delays and I asked as an apology to give me a free set of mats. The car was due to be delivered today and this morning I was was informed that it has been recalled by the manufacturer due to faulty seat-belt. I checked with the car manufacturer and there is no such fault logged on their system. I asked to provide me with a hire car whilst this alleged problem is solved and asked to refund half of the insurance, which I was asked to take out against the car. The car should be delivered to dealer within 7 days, it took 3.5 weeks (hence the free mats) and now the recall means that I have no idea of the time scales. They have ignored my request for a hire car. I have to spend around £20 per day on train tickets because of their various delays and has caused me a lot of stress. I was a told by the broker if I make too much fuss the dealer my turn around and refuse to supply car at all. I want to get all the cost back and and compensation for the stress
Submitted: 10 months ago.
Category: Law
Expert:  Jo C. replied 10 months ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
I suppose you didn't agree that time was of the essence?
Customer: replied 10 months ago.
They were are of it from the day I placed the order, that I require car as a matter of urgency
Expert:  Jo C. replied 10 months ago.
Ok.
So does the contract use the specific words 'time is of the essence?'
Customer: replied 10 months ago.
Unfortunately no, it was verbal. I just spoke to the broker and he repeated that he remember the conversation and how surprised he was about the speed I placed the order and completed forms. I basically do not have contract as such, just an order form, which states that car availability is 10-14 days and the form is dated 6th January.
Expert:  Jo C. replied 10 months ago.
Ok. It depends what you want to achieve here.
If you just want to escape the contract that you have with them then you are only under a duty to wait a reasonable period of time and you could argue this is unreasonable. You do not have a blanket right to cancel because the contract doesn’t say that time is of the essence but you can still drop down on the catch all position. If you wish to do this then you need to give them notice of your intention to cancel if they do not deliver within a set period of time. Seven days is reasonable.
If you want to claim compensation then I’m afraid that is not likely to be possible. Under the SGA you cannot claim consequential losses. Under the general law of contract you can but this type of loss wasn’t really within the contemplation of the parties at the time of agreeing I’m afraid.
That is not to say that they may not offer something in compensation. Firms will often do far more than the court would make them do in the interests of good business.
Can I clarify anything for you?
Jo
Customer: replied 10 months ago.
That makes sense , thank you. I just had an e-mail from the broker giving me the option of cancelling the order if I wish to do so. Thanks again for your advice, I guess I will have to decide weather to cancel and wait for an a random length of time in hope the car materialize.
Expert:  Jo C. replied 10 months 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/

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