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Hi, welcome to JustAnswer. My name is Jo C, I’m a barrister with 12 years of experience and I am happy to help with your question today.
How can i help with this please?
are you asking if you are liable?
im waiting for the information I asked for?
I have been asked to look at this for you.
There are 2 elements to this, the purchase of the vehicle and the finance.
You say that you never took the vehicle because of problems with it.
Was the vehicle new?
Did you cancel the finance and if so, when.
I need a chronology please.
You say “they have told you have breached contract”. Who has? The garage of the finance company?
I’m afraid the facts are very confusing.
Thank you. You have 14 days to cancel the finance from the day that you took it out.
However that doesn’t cancel the contract to purchase the vehicle.
If you purchased the vehicle without visiting the dealer showroom, then you actually do have 14 days also to cancel the vehicle.
As you presumably cancelled within those periods, and as you didn’t take the vehicle, I’m not quite certain what the problem is unless you did go into the dealers and they are telling you that notwithstanding cancelling the finance, they are still making you purchase the vehicle.
You need to remember that our two completely different things here.
If you have agreed to purchase the vehicle and you visited the dealers showroom to buy it, you have no right to cancel and therefore, you are in breach of contract and the dealer would be entitled to damages. The dealer would probably keep the deposit although if you thought the deposit was more than the dealer could reasonably keep, you would have to take him to the Small Claims Court to get it back because dealers are well versed in taking money from people but not so cooperative when it comes to giving it back.
You can cancel finance within 14 days and that’s the end of it so I see why Barclays have anything to moan about.
There is no legal aid for this and solicitors are going to charge you GBP250 per hour. I can’t help but think that there is more to this because the right to cancel a financial transaction within 14 days, under the provisions of the Consumer Credit Act have been around for a long time and even the office cat working in the bank knows about it.
You need to make a complaint to the Financial Ombudsman after making a complaint to Barclays. You need to do that in writing in both cases, not on the telephone.
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