Hello Hakan my name is ***** ***** I will help you.
Did you sign this new agreement please?Alex
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?
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
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