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Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you this evening.
It really comes down to the reasonableness of taking out finance. Finance is a an option which costs you money due to the interest and as a claimant, the court expects you to mitigate your losses. So if you had other options open to you which could have avoided finance then the court may think that taking out finance was an unreasonable decision and they may disallow the claim. However, your circumstances would justify the decision to take out a finance loan for a new vehicle, so I cannot see the court saying you have acted unreasonably. I think you have a good chance to recover the monies (the extra money you have spent) due to taking out the finance.
I presume you have not yet sued the dealer - if not then you can do so via the http://www.moneyclaim.gov.uk.
Before you sue them you should send a letter before action (I note you have already sent them a recorded delivery letter but I am unsure if this includes details of your finance costs). If not then send them a letter (see attached).
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Thanks, I do not see a problem in claiming those costs - the court will be sympathetic to your predicament given the dealer's breach of your consumer rights.
Please let me know if any of what I have said requires clarification. I am happy to help. In the meantime if you could either leave a rating and click “submit”, or confirm that I have answered your question for you, I would be very grateful.
Well, the court will aim to put you back in the position you would have been in had the dealer not breached the contract and breached your consumer rights.
So, you would need to work out the actual loss and if that means the interest on the loan (the finance people should be able to give you a figure) then that would be the loss to claim.