Used Car Sale - Terms & Conditions

bingo_bango

GemBee wrote: »

How do I best put this to the garage? They are impossible to talk to. They just shout and be little me and tell me I haven't got a clue what I am talking about and I am trying to sound cleverer than I am! They told me to call a solicitor.

GemBee,

You need to put this in writing, stating one of the legal arguments provided to you, and seeking restoration of funds within a reasonable period of time.

If that fails, then you need to consider pursuing the matter through the small claims court. There are loads of threads on here about how to do that.

GemBee_2

Thank you so much for you help bingo bango! I will send them a letter today and see how it goes. The most frustrating thing is they apparently don't have any managers that I can speak to! And they wont provide me with any contact details of them either!

Hintza

bingo_bango wrote: »

b) The contract has been frustrated. As the OPs car is now inoperable, it has become impossible for the contract to continue as it was intended. This has the effect in law of automatically ending the contract. In such a case, OP is entitled to claim all monies paid so far back.

I would argue this one.

The garage has not frustrated the contract and the problem of a broken car is not the garages problem. They could argue the OP should present the car in the condition it was described to fulfill the contract ie get it repaired.

The get out clause could of course be that condition ie running engine was never discussed (not sure the court would agree on this though)

At the end of the day the OP will either have to talk to the deaer and workout how to get sorted. Just saying they don't now trust the dealer won't cut it.

The dealer has every right to hacked off here.

GemBee_2

The garage have never seen the car and never asked about questions about it. They asked to see a picture of it and looked at the service book but that was all.

Equaliser123

Hintza wrote: »

The garage has not frustrated the contract and the problem of a broken car is not the garages problem. They could argue the OP should present the car in the condition it was described to fulfill the contract ie get it repaired.

That's not how frustration works. The contract itself is frustrated so the contract is set aside and the parties put back to their pre-contract position.

I have to say though that, for the reason you stated (i.e. it could be repaired) then the contract is not frustrated at all.

That said, there are other mechanisms for getting the deposit back.

shaun_from_Africa

I have to say though that, for the reason you stated (i.e. it could be repaired) then the contract is not frustrated at all.

This website agrees with that. It's not an official advice website though.
http://tutor2u.net/law/notes/contract-frustration.html

A contract isn’t frustrated just because it’s become more difficult or expensive to perform. That’s a risk that you take when you enter into a contract. We’re looking for some sort of physical impossibility.

bingo_bango

To clarify, OP has stated that the car is classed as a write off in it's current state. That means that it is not economically viable to repair it.

If this was a case of new spark plugs I would agree that it isn't frustrated, but as a write off repair is seen not to be an option. It's on that basis I would argue frustration.

Just to add on. I do not profess to have the 'magic bullet' answer here. I'm merely raising points that OP could argue. Ultimately only a magistrate can rule on what constitutes frustration or breach of contract.

Equaliser123

bingo_bango wrote: »

Ultimately only a magistrate can rule on what constitutes frustration or breach of contract.

A District Judge.

Flyboy152

GemBee wrote: »

How do I best put this to the garage? They are impossible to talk to. They just shout and be little me and tell me I haven't got a clue what I am talking about and I am trying to sound cleverer than I am! They told me to call a solicitor.

If you paid by credit card, you can put in a section seventy-five claim with your card provider. If you paid by debit card, you can request a chargeback.

Flyboy152

shaun_from_Africa wrote: »

It doesn't clear it up in the least.
There are plenty of official websites that state the opposite.




http://www.aberdeenshire.gov.uk/tradingstandards/consumers/questions.asp

I know which organisation I would prefer to accept.