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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47379
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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If you have paid a deposit new vehicle that you have

Customer Question

If you have paid a deposit for a new vehicle that you have seen on a forecourt of a main dealer and signed a form to this effect and then go back to complete the purchase to be told that the vehicle was not theirs to sell and another dealership owned the vehicle and had sold to someone else where to we stand legally.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Was this a genuine error?
Customer: replied 1 year ago.
The Main dealer is asking us to go in this afternoon to talk about this mistake on their part, what we want to know is what are we entitled to the vehicle was not yet registered and had extras fitted to it we have been told these are not standard extras and if we want a vehicle to the same spec it could take 26 weeks wait and be more expensive, we need to complete this purchase before the end of this tax year. what can we ask for or expect from the Dealership
Expert:  Ben Jones replied 1 year ago.
If the vehicle was not theirs to sell in the first place, you cannot force the rightful owner to sell you the car. So if it has been sold to someone else, that car is now someone else’s property and they cannot be forced to return it. If there was an error in the facts which prompted you to place a deposit, then obviously you would be entitled to get that deposit back. In terms of further compensation, do not expect much there I’m afraid. You will have to try and get a similar vehicle elsewhere so if this was sold at a much favourable price and you find it impossible to get something for the same price, you could try and ask for some of the difference. In terms of tax issues, you won’t really be able to claim for this as it will likely be considered too remote a loss to be included. So you can ask for a car of the same or similar specs from the dealer, but try can only offer you what they have available. If that is not possible, then you can try and get a similar car elsewhere and considering the price, try to get the dealer to pay for some of the difference in price, assuming there is a clear difference, not just a small reasonable one. They may of course offer you more as a sign of goodwill and to keep a customer happy, but the legal position is as stated above. This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow should you decide to proceed with a claim for compensation, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
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Expert:  Ben Jones replied 1 year ago.
Thank you. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps: 1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to pursue the compensation due. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action. 3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the other side and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this. Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.
Customer: replied 1 year ago.
Thank you for your initial advise regarding the legal position of our problem, we have had a meeting and resolved the problem with the company being very accommodating and supportive over what was their mistake
Expert:  Ben Jones replied 1 year ago.
Glad to hear it and thank you for the update