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james bruce
james bruce, Solicitor-Advocate
Category: Law
Satisfied Customers: 5207
Experience:  Owner at James Bruce Solicitors
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I paid £7000 deposit for a catering van in Feb 25th this

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Hi I paid £7000 deposit for a catering van in Feb 25th this year to be made in 6-8 weeks delayed due to covid I went to speak about it with him today and he asked for more money to purchase the van as he was low on funds and due to pick it up Wednesday. I said no but I am wondering how long I can allow to wait of it's not ready at the end of June like re agreed thanks
JA: Where are you? It matters because laws vary by location.
Customer: Derbyshire
JA: What steps have you taken so far?
Customer: Non as I just keep agreeing with the delay as I have no other choice as he said I will lose my deposit if I cancel
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Thatd it for now thanks

Hello I will assist today.

Do you have any written agreement on terms

Customer: replied 1 year ago.
I have an agreement it had the wrong completion date on it, its says aim to complete Sept 2019 but we had agreed 6-8 from 25th Feb
Customer: replied 1 year ago.
File attached (VT3M15M)
Customer: replied 1 year ago.
File attached (1Q2SV16)

Thank you for time to read.

Before signing the document, you should have really had the correct date entered before signing, especially for the amount concerned.

A verbal agreement is equally binding just harder to prove.

That said, they have now had 14=weeks to sort the vehicle.

Contract clearly states balance due on completion.
You could give them more money, but there is no guarantee that would get you anywhere apart from deeper out of pocket.

There is no Force Majeure in the agreement they can reply on to cause delay.

Therefore, the ball is in court. You can decide how to move forward.

  1. give them the extra money
  2. Demand completion of vehicle
  3. Sue for breach of contract
  4. call a Frustration of contract. As he has not completed contract, has used covid19 as an excuse. As covid19 has caused unforeseen issues everywhere. You could use this to cancel contract and get full refund.
Customer: replied 1 year ago.
Thank you so much for your reply..I will give him until the end of this month and will then have to try and fight for my deposit back if he is still no further forward. I definatly will not be giving him anymore to purchase the van. Something is just not sitting right with it all. I would rather lose £7000 than the bounce back loan I received to pay the remainder of the van. Thank you

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