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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3845
Experience:  Solicitors 2 years plus PQE
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Alex You gave me some advice before on the purchase of

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Hi Alex
You gave me some advice before on the purchase of a car and finance settlement. I have received a letter this demanding payment (with possible court action). Can you help me further please?
Thank you for your question.
How much are they demanding?
Have they given you a 7 day warning?
Kind regards
Customer: replied 3 years ago.

We write further to our letter of 27th February and your response dated 6th March 2015.

We have discussed the matter in detail with our client and we are instructed to respond as


1. Your contention that our client offered to settle the finance on the BMW X5 as an

inducement for you to buy the Audi A8 is fanciful. The offer was always conditional on

the BMW being handed over in part exchange.

2. The payment to Advantage Finance Limited was made in error. As a result of the error

you were put in a position where you could sell the car with full title.

3. You have therefore been unjustly enriched as a result of our client’s error and are liable

to repay the sum that our client paid to Advantage Finance Limited.

Please make payment of £3422.05 to our client by 20th April 2015, failing which we may be

instructed to issue court proceedings without further notice.

Thank you.
It is entirely their prerogative to commence proceedings.
Your options are to either:
(i) Defend the proceedings;
(ii) Make an offer to settle;
(iii) Pay in full.
Having discussed this we determined that the payment was never made on a conditional basis. However I can understand their argument that you were unjustly enriched from this, however they have obviously put you in the awkward position of having to raise the finance.
Therefore I would consider writing back to them and saying that you did not ask them to interfere finance arrangements and now you are disadvantaged as you no longer have your finance. I would then make an offer to settle with them on the basis that they have inconvenienced you. This will be the quickest way to deal with it.
Kind regards
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

how does this read?

I am today, in receipt of your letter dated 13/4/15 and would reply as follows;

I am and will contest your clients claim in that; at no point prior to the purchase of the Audi, did I ask Mon Motors to interfere finance arrangements and I am now disadvantaged as I no longer have that finance or the vehicle.

If this offer was conditional to my handing over the X5 then why did the ‘Mon-Motors’ Sales Manager not cease the sale from proceeding prior to day of purchase. He was made aware that I had sold the X5 and that I was travelling down by train to view/purchase the Audi. I have copies of all correspondence which I assume you have the same.

I therefore request time to seek legal counsel on this matter as for your client to now claim that they have made a mistake and I have been unduly enriched is questionable. This claim was made 3-months after the sale and I feel I am now being both inconvenienced by your proceedings.

Thank you.
I would make the correspondence at the top "Without Prejudice - Save as to costs".
Say at the end that you "should not be held responsible for their client's negligence and incompetence.
Are you minded to invite them to make you an offer to settle? I would recommend doing this on the basis that they are the ones in the wrong here.
Kind regards
Alex J. and other Law Specialists are ready to help you
Customer: replied 3 years ago.

I will see where this goes and then possibly if I have to, make an offer to settle. nb the car was well over book price by more than the finance settlement, so knowing this I feel I have further grounds

Thank you.
I would invite them to make the offer as they have inconvenienced you.
Kind regards
Customer: replied 3 years ago.


Please do not hesitate to contact me on this thread if you want to discuss anything further.
Kind regards