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I recently bought a second hand car. because of my busy life it became clear that I would struggle to take delivery. The salesman agreed to bring it to my house to complete the sale. He was late and I couldn't wait for him. Despite him knowing that I couldn't complete other than that one chance the dealers are trying to insist that I complete and wont refund my money. He was late because of a traffic jam which they say was unavoidable. The roadworks which caused it have been there for 2 years. What are my options?

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Are you trying to achieve completion or a refund?

 

Did you pay in full?

 

Other than delivery, what else is required in order to complete the sale?


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Refund. I paid in full ready for them arriving . When I signed the contract they knew that it was the only opportunity I had for over a month and I was ready to leave it but they told me that they would deliver. That was the only reason I agreed

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It seems rather implausible that you don't have 15 minutes at some time during the week. How do you eat ?

 

You have a contract and unless delivery is part of that contract, he is not obliged to deliver especially on such a tight window.

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It seems rather implausible that you don't have 15 minutes at some time during the week. How do you eat ?

 

You have a contract and unless delivery is part of that contract, he is not obliged to deliver especially on such a tight window.

He was aware that there was only the one opportunity to deliver. I am away from home .

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Unless you had that written into any contract i dont see on what grounds you could complain, offering such a small window of opportunity for delivery could be deemed unreasonable


PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

I am not legally trained or qualified, any advice i offer is gleaned from experience and general knowledge, if you are still unsure after receiving advice please seek legal advice.

 

 

 

GEMHL Settled

Barclaycard Settled

A & L SETTLED IN FULL :lol:

Spml Reluctantly withdrawn

Blackhorse pre 31-7-06 Demand removal sent 23 8 06. ICO ordered removal jan 2007....REMOVED:lol:

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OP youre getting the same responses here as your other thread on MSE.

 

I'm sure if you post in enough places then eventually someone will tell you what you want to hear.

 

But the fact of the matter is this is the real world and you need to be reasonable. The dealer got caught in a traffic jam, it happens, get over it.

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OP youre getting the same responses here as your other thread on MSE.

 

I'm sure if you post in enough places then eventually someone will tell you what you want to hear.

 

But the fact of the matter is this is the real world and you need to be reasonable. The dealer got caught in a traffic jam, it happens, get over it.

 

Well found OJB

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Whether the contract is written or merely verbal – or whether the requirement relating to delivery is written or merely verbal, has no relevance whatsoever. However, it can be useful evidentially because it if there is a dispute as to what you say you said against what they say you said, then it could get complicated.

 

If you can show that you made it clear that the delivery time was an essential element of the contract then you have a good basis for rejecting the contract and going for a refund.

 

Let me say that a judge will probably want fairly heavy proof that this was agreed and that they fully understood how essential the delivery stipulation was to your decision to enter into a purchase contract with them.

 

If it was all done verbally and it is merely your word against theirs then I think that you may have difficulty.

 

Could there be some other reason which is also added weight your decision to withdraw from the contract?


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When you talked about delivery, if you had stated "time is of the essence" and he failed to show during that time, then the contract can be regarded as terminated.

 

When ever you contact a trader, of any type, face to face, record the call. It's easy to have a mobile in your shirt pocket set on record.

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It is over a year since this happened and after reading the last response from Connif I was able to get a full refund as notes had been made by the showroom during the process which I had picked up and was able to provide back to them . Thank you very much for your help. I was not well at the time and some of the responses upset me as they were judgmental and rude. I posted on two forums as was pointed out in the thread as I had no idea whether I would get any help from either one and I was trying to reach as many experts as possible. The other one was removed because of the vicious comments made to me. So, thank you again Connif for your help and thank you for sharing your excellent knowledge.

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