Being sued for breach of contract - legal advice needed

Herzlos

facade wrote: »

He probably has read the "Porsche Loving Pensioner" case, who got £35,000 which was the money he "lost" by not being able to buy the car for £135,000 and immediately sell it for £170,000 to the next person in the queue. (If he was a real enthusiast, he'd have intended to keep it, and only suffered the loss of the interest on his £10,000 deposit)

Or that since the one he put a deposit on was sold, he had to buy the same car for £170,000 from a speculator and wanted the dealer to compensate him for the difference between we he contracted to pay, and what he had to pay, to get the car he'd ordered.

Guest101

To be honest I've not read the thread.


The contract is simple, If buyer pays £280,000 they may take possession of X vehicle.


Buyer has not paid £280,000 and therefore has not suffered any loss.


Breach of contract is dealt with via a 'loss' basis, it's really simple.


The reply should be as follows:


Dear X


In reply my response is the same as given in Arkell v Presdram


Regards


FIL

gonzo127

jenza8 wrote: »

I think he should go to the police but he is very worried that this will aggravate the situation even further.




I can understand what you are saying but he is asset rich and cash poor. He purchased the car many many years ago, well before it was worth anything like this. I was looking for some legal advice from someone who would set his mind at rest until he saw someone. Unfortunately, it doesn't seem as clear cut as I think it should be given the circumstances.

He has managed to see a solicitor today who has said that he can't say for sure but that worst case scenario is that he could be sued for breach of contract and for unlimited punitive damages. It would just depend on the judge on the day and what kind of a solicitor the other man has. This could potentially cost many thousands of pounds to fight, if the man pursues it.

the way i see this is, if he is causing harassment, informing the police will not aggravate it because if it gets worse, then its more harassment and then the police will get involved properly. might even scare of the guy from further pursuit, and could in fact work in your favor if it does go to court as it would show the type of person he is.

as to the solicitor, of course there is more to the situation than you can put here, and i am not a solicitor myself, but i would expect that unless there is any correspondence in writing it becomes your FIL's word against his, and if it is stated that as part of the verbal contract, that your FIL stated that payment must be made by a set date, and that he did not meet that date, it will be very difficult to argue that your FIL breached the contract. and logically a date MUST have been discussed based on the fact your FIL was running out of time, because how many people 'hold' an item for sale for an indefinite amount of time, on the promise of payment. and i think waiting a month, between the verbal agreement and non payment would be classed as a 'reasonable' amount of time to hold the item. BUT once again i am not a solicitor and these are just my feelings on the matter, and it would be worth speaking to a solicitor about these things

EdGasket

Maybe counter-sue for the stress and distress caused by the vindictive threats and attempt to defraud your FIL. Unfortunately only the lawyers win in the end though.

OP you said you think the claimant has pulled this trick before; do you have any evidence of that or is that just a guess based on how this has gone?