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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience:  Solicitor with 5+ years experience
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Madam, My query relates to a re Purchase Agreement I took

Resolved Question:

Dear Sir / Madam,
My query relates to a Hire Purchase Agreement I took out with Northridge Finance Limited on the 29/02/2008 for the purchase of a Mercedes-Benz CLS 350. The car kept having mechanical and electronic problems despite being 3 months old and I argued with Mercedes-Benz and Northridge that the car was defective from manufacture. As the car was under warranty the faults with the car were fixed as they arose however I had one issue occur after another with some faults repeating periodically.
Northridge refused to accept that the car was defective and advised that the car was under warranty and that there was no case for any recompense. the HP agreement was modified on the 29/05/2009 with the new agreement stating and acknowledging that the car was defective. The same agreement however had a clause stating that quote, "In consideration of you releasing us from all claims you may have arising due to the defects in the goods, we shall supply you with replacement goods which you agree to accept", end quote.
Basically the HP company refused to accept initially that the car was defective and would only accept and agree that it was if I agreed to waiver my rights with regards ***** ***** claim pertaining to it. At the time due to my financial situation I was unable to take the HP company or Mercedes-Benz to court to ask for my money back. I reluctantly agreed to the replacement car however feel as though I was blackmailed into accepting it.
As aforementioned the HP Company would only agree that the car was defective if I accepted to waiver my rights for any claim; the HP company would not agree that the car was defective in responses made to several correspondences sent to them.
I would like to know if there is any case I could bring against the HP company.
Thank you & Regards
Hakan Salci
Tel.: 07768 801186
Submitted: 6 months ago.
Category: Law
Expert:  Ash replied 6 months ago.

Hello Hakan my name is ***** ***** I will help you.

Did you sign this new agreement please?
Alex

Customer: replied 6 months ago.
I did unfortunately, but as stated they would not agree that the car was defective unless I agreed to waiver my rights to a claim. Surely that is not legal? I have correspondence prior to the agreement whereby Northridge refused to accept that the car was defective.
Expert:  Ash replied 6 months ago.

Ok. Well I think you have probably waived your right, but it MAY be possible, albeit slim to bring a claim under the Unfair Terms in Consumer Contract Regulations 1999. Reg 5 states:

5.—(1) A contractual term which has not been individually negotiated shall be regarded as unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations arising under the contract, to the detriment of the consumer.

(2) A term shall always be regarded as not having been individually negotiated where it has been drafted in advance and the consumer has therefore not been able to influence the substance of the term.

If it was a term of the contract it may be possible to argue it was unfair, although I think it will be hard because you signed and agreed to it.

You need to write and set out your losses and request compensation within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.

If they do not compensate you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://s3-eu-west-1.amazonaws.com/hmctsformfinder/n001-eng.pdf and take it to your local County Court.

The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.

If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial.

Can I clarify anything for you about this today please?

Alex

Customer: replied 6 months ago.
Thank you for your response. Can I argue in the court that the HP Company only agreed that the car was defective if I waived my rights? That they would not agree unless I agreed to do so? Is there no law prohibiting such a practice?
Expert:  Ash replied 6 months ago.

You can try, but there is no law stopping them. You could have sued for breach of contract on the existing car.

That would have been an option. In reality you perhaps should not have signed with the new agreement with that clause in.

As I said I think you can claim, but it will be quite hard given the existing clause.

Does that clarify? Alex

Customer: replied 6 months ago.
it does, thank you.
Expert:  Ash replied 6 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10915
Experience: Solicitor with 5+ years experience
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