Breac of Contract by Car Dealer ?

jstvj

colino wrote: »

For absolute clarity, a trader has to proactively disclose details that would affect a customers buying decision. If it has a recorded insurance claim, they know it has been a taxi or a driving school car, etc., they must proactively tell the prospective buyer.
Even Autotrader, on its downward slope is automatically flagging up cats on adverts.


Only genuine private sellers are allowed the right to wait until asked, but then they have to be fully honest too.

Thank you, that was my understanding also.

However, my enquiry has gone off subject really, because as I have said the CAT D is not the issue (that is why I didn't mention it initially, because I thought it would cloud the issue). I simply asked, having rescinded our contract, have I any recourse against the dealer ?

AdrianC

jstvj wrote: »

I simply asked, having rescinded our contract, have I any recourse against the dealer ?

For what?

I'd just refer you back to my earlier replies, post #7 and #19.

jstvj

AdrianC wrote: »

For what?

I'd just refer you back to my earlier replies, post #7 and #19.

For the breach of contract

AdrianC

jstvj wrote: »

For the breach of contract

Have they breached it? What does the contract say about cancellation, should the goods become unavailable as described? What losses are you after recompense for?

jstvj

AdrianC wrote: »

Have they breached it? What does the contract say about cancellation, should the goods become unavailable as described? What losses are you after recompense for?

The contract is only in the form of a receipt for the deposit on blank paper. It includes the vehicles description, registration number and purchase price. There are NO terms or conditions as it is NOT on a proper form. As for losses etc, that is a question for me to answer, once I am assured that legal action is possible.

AdrianC

jstvj wrote: »

The contract is only in the form of a receipt for the deposit on blank paper. It includes the vehicles description, registration number and purchase price. There are NO terms or conditions as it is NOT on a proper form.

There are Ts & Cs. You may not have a copy of them, but there are - whether explicit or implicit.

As for losses etc, that is a question for me to answer, once I am assured that legal action is possible.

Chicken. Egg.

You need to decide what you want to claim before you can decide if legal action is possible or sensible.

Tilt

jstvj wrote: »

The contract is only in the form of a receipt for the deposit on blank paper. It includes the vehicles description, registration number and purchase price. There are NO terms or conditions as it is NOT on a proper form. As for losses etc, that is a question for me to answer, once I am assured that legal action is possible.

I think therefore, your best bet is to run it by a solicitor and get some proper legal advice.

I had a similar issue purchasing a brand new car where the salesman had "mistakenly" given me a employee discount off the retail price. This was all recorded on a proper vehicle order form/invoice. Just prior to delivery, the sales manager called me to say they were not going to honour the discount as it should never had been offered. Well I spoke to my solicitor and was advised to allow him to send a letter to the dealership pointing out that we had a valid signed contract of sale which they must honour.

The car was delivered to my door on the proviso that I never set foot in there again! The £3k discount came in very handy though!

Not sure how this will work on the "invoice" you have though.

jstvj

AdrianC wrote: »

There are Ts & Cs. You may not have a copy of them, but there are - whether explicit or implicit.

Surely any invisable Ts & Cs would have no validity whatsoever in law ?

Chicken. Egg.

You need to decide what you want to claim before you can decide if legal action is possible or sensible.

I disagree

Mercdriver

jstvj wrote: »

I disagree

On what grounds?

Would you still have offered the amount you did if you had known it was a Cat D? At the time of the deal was the sales person you were dealing with aware of the full status of the claim? Of course he SHOULD have been, but that doesn't mean he was. He might have made an error and decided against completing the sale when he had full knowledge.

His reticence in saying why may be because people assume that all car salesmen are cowboys.

Like others I don't see why you would do a HPI check after the deal has been done unless you intend to breach the contract yourself.

loskie

macman wrote: »

He's not obliged to tell you it's Cat D, it's up to you to check or ask. All he has to do is to answer truthfully.
You could most likely sue him for Breach of Contract, since the deposit and receipt form a binding contract, but in the circumstances, he's done you a favour.
The time to check the car's history is before the deposit is paid, not after, when you cannot cancel without at least losing your deposit.

According to this you are wrong.

http://www.honestjohn.co.uk/askhj/answer/59167/does-a-trader-have-to-declare-a-caris-category-d-before-he-sells-it-even-if-he-declares-he-didnt-know-