Money Claim for car lease

Sunita0715

Back on 21st July 2020 I ordered a Audi A7 which was a factory order from a company called contract cars. I was told the car would be delivered in 12-16 weeks. 16 weeks would have been on the 9th of November 2020. I paid a deposit of £900. Not long after I had placed the order I was told the car will no longer be delivered in the time frame due to Covid as they are not manufacturing the vehicles in the factory until next year. At first I was told the delivery date will be around about June 2021 and then I was told March 2021, I then received further correspondence which said there is a possibility it would be February but this date can change. I told them this was not acceptable and I needed the car ASAP, as I had no car and I needed are car to get the kids to school and back and for work, had it have been a short delay then that would have been fine and had I had known that it would be longer than 16 weeks, I would not have signed up to a car with them. I asked for my deposit back and they said this was not possible as it was non refundable and they can offer me an alternative car option, I agreed to look at alternatives but was not happy with any that were offered to me, they still refused to give me my deposit back - I told them this was not acceptable as I’m not happy with the alternative car they were offering - I explained that it was a car at the end of the day that I had to drive for 3 years and it’s not like buying a pair of socks or shoes where an alternative that I’m not happy driving is acceptable. They said they couldn’t do anymore. So I started looking for a car with another dealership. 

 

As they were unwilling to give me my money back and could not provide the car in the time frame, or in the year 2020. I logged a chargeback claim with my credit card company as I do believe they were in breach of contract - the chargeback was successful and they managed to reclaim the deposit back based on the evidence I provided. I have not received any correspondence from them since and then today I have received via email a money claim which I think is very unfair, its been nothing but stressful since I booked the car with them back in July last year and I feel even more stressed and sick in my stomach that they can do something like this and get away with it. 

The money claim basically says that if I don’t respond I will get a CCJ which will prevent me from getting credit such as phone contracts, credit cards, mortgages etc - I feel like they are bullying me and are trying to get me to pay a deposit for something I never received and they couldn’t deliver on time. How can they expect me to wait so long for a car? I’m stuck as to what to do and who to turn to for help, I was wondering if I could get some advise please.  Thank you 

JamoLew

What did the T&Cs of the agreement/contract say with regards to delivery timescales and deposit ?

Ectophile

The money claim basically says that if I don’t respond I will get a CCJ which will prevent me from getting credit such as phone contracts, credit cards, mortgages etc - I feel like they are bullying me and are trying to get me to pay a deposit for something I never received and they couldn’t deliver on time. How can they expect me to wait so long for a car? I’m stuck as to what to do and who to turn to for help, I was wondering if I could get some advise please.  Thank you

If you don't respond to the claim, then they will win by default.  The court will find for the complainant (that's them) if they can bring any plausible looking claim, unless you make some attempt to defend it.

So you need to read the T&Cs that you initially signed up to.  Decide what they did wrong.  Then present this as your defence.

Make sure you understand what the process is before you respond to the claim.  Because once you've submitted your counter-evidence, you can't then keep adding to it.  And don't miss any deadlines to respond.

Potbellypig

Sunita0715 said:

Back on 21st July 2020 I ordered a Audi A7 which was a factory order from a company called contract cars. I was told the car would be delivered in 12-16 weeks. 16 weeks would have been on the 9th of November 2020. I paid a deposit of £900. Not long after I had placed the order I was told the car will no longer be delivered in the time frame due to Covid as they are not manufacturing the vehicles in the factory until next year. At first I was told the delivery date will be around about June 2021 and then I was told March 2021, I then received further correspondence which said there is a possibility it would be February but this date can change. I told them this was not acceptable and I needed the car ASAP, as I had no car and I needed are car to get the kids to school and back and for work, had it have been a short delay then that would have been fine and had I had known that it would be longer than 16 weeks, I would not have signed up to a car with them. I asked for my deposit back and they said this was not possible as it was non refundable and they can offer me an alternative car option, I agreed to look at alternatives but was not happy with any that were offered to me, they still refused to give me my deposit back - I told them this was not acceptable as I’m not happy with the alternative car they were offering - I explained that it was a car at the end of the day that I had to drive for 3 years and it’s not like buying a pair of socks or shoes where an alternative that I’m not happy driving is acceptable. They said they couldn’t do anymore. So I started looking for a car with another dealership. 

 

As they were unwilling to give me my money back and could not provide the car in the time frame, or in the year 2020. I logged a chargeback claim with my credit card company as I do believe they were in breach of contract - the chargeback was successful and they managed to reclaim the deposit back based on the evidence I provided. I have not received any correspondence from them since and then today I have received via email a money claim which I think is very unfair, its been nothing but stressful since I booked the car with them back in July last year and I feel even more stressed and sick in my stomach that they can do something like this and get away with it. 

The money claim basically says that if I don’t respond I will get a CCJ which will prevent me from getting credit such as phone contracts, credit cards, mortgages etc - I feel like they are bullying me and are trying to get me to pay a deposit for something I never received and they couldn’t deliver on time. How can they expect me to wait so long for a car? I’m stuck as to what to do and who to turn to for help, I was wondering if I could get some advise please.  Thank you 

Just to add to the other posts, regarding your last comment on the CCJ. If the CCJ is awarded then the court will give you (usually) 28 days to pay before it goes on your credit file. If you pay in that time then it obviously won't affect future credit applications.

Sunita0715

Thank you the T&Cs does say it’s non refundable but also states car will be delivered in-between week 12-16.