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Hi, I don't have a copy of their Terms & Conditions. The whole transaction has been conducted by telephone conversation but I do have an email from the supplying dealer in which he confirms that delivery was due in early September and that they failed to meet that and subsequent promised delivery dates.
I am seeking adequate recompense for the earnings I have lost due to the delay in supplying the vehicle. The supplying dealer only supplies Taxi's but because my vehicles have to be wheelchair accessible it had to be sent to a conversion company to be adapted. Ford supplied the vehicle to the dealer in August and the vehicle was immediately forwarded to the converter. This had all been pre-arranged when I placed the order in May. When the vehicle arrived at the converters they had failed to order the conversion kit (from the Czech Republic) which took another two weeks to arrive. The conversion then took another two weeks. The vehicle had been completed by 24th September and delivery was promised for Friday 25th Sept. At 18.00 on 24th Sept I received a call from the dealer advising that the vehicle did not have a Certificate of Conformity and/or Whole Vehicle Type Approval (WVTA) as this was the first vehicle to be converted with a Euro 6 engine so the previous WVTA (for Euro 5) could not be used. They applied for WVTA (also in Czech Republic) but as yet it has not been granted and they cannot say when it will be. The vehicle is booked in for an Individual Type Approval (I.V.A.) test on Monday 2nd November and if it passes should be delivered to me next week.
As stated my losses to date amount to approx £3500.00 + the loss of an ongoing (3 year) Local Authority Contract which I lost as a result of not having the vehicle for use in September of which around £1500.00 would have been profit on sales. I have just received a phone call from the dealer who has now offered £500.00 and has forwarded an offer from the Converter of £350.00 (£850.00 in total). The Converter had originally said they would not be offering anything but having threatened Court action have obviously reconsidered. Does this set a precedent (as an admission of guilt) ? Am I likely to achieve a higher amount with a Small Claims Court claim?
Thanks. What would be the costs to me of bringing a County Court claim and do you think I would have a reasonable chance of gaining more than the £850.00 already offered?
How would the Court view the offers made to date? Would this go in their favour or mine?
Who do I make the claim against? Is it the dealer at fault (who sub-contracted the adaptation to the Converter) or should I claim against the converter even though I had no contract with them?
Since you mentioned T&C's earlier I have looked on the company's website and they don't appear to have published any terms. I have never received an Order form for the purchase so I can't check to see if they are stated on there either. I only have a copy of the Finance agreement (from the Finance company) and a receipt (which I printed) for the BACS transfer of the £1000.00 deposit I paid when I ordered the vehicle.
Given that they haven't provided any T&C's of purchase can they introduce them at this stage or should they have made me aware of them at the point of sale?