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Contract Dispute

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  • Contract Dispute

    Contract Dispute

    Hi

    Hoping someone can help with some info on where I stand on the below.

    In March 2014 I agreed to lease a car from a company for c£300 pm. I confirmed by acceptance of this price via email.

    In May I was sent the T&Cs to sign and returned the document via post. The lease company confirmed that they had received my documents and that they had signed an identical copy of the T&Cs. I was informed I had 14 days from the date of signing the agreement to change my mind and back out. The price on the agreement was incorrect but I as so much time had passed between agreeing the lease and the documents being sent, I did not realize (as it turns out, the price was lower than the amount agreed in March).

    In June the company realized that the T&Cs I had signed were not correct and sent out some other documents for me to sign (this was after the 14 days had passed). The price did not change, just the T&Cs. They told me the previous agreement was null and void and the new T&Cs replaced them. Again I received an email confirming receipt of the document and that they had signed the agreement as well.

    In September having taken delivery of the car, I received my first invoice. This was for the amount that I originally agreed and therefore more than the amount I signed for within the lease agreement / T&Cs. It turns out the T&Cs I had signed the second time around were still not correct as they sated that VAT was included when in fact the price quoted should have been ex VAT (this accounts of the difference in price between the agreed and the price on the document I signed).

    Legally, where do I stand on this? Do the lease company have to honor the agreement that was signed by both parties (given the fact that they had 2 bites at the cherry and clearly didn't read the document they signed, I am hopeful that I am in the right!).

    Any info is greatly appreciated.

    Thanks
    Tags: None

  • #2
    Re: Contract Dispute

    Hi and welcome.

    I can well understand your hopes, but you might not be successful in keeping the lower price.
    Your March 2014 confirmation of price indicates that in spite of their incompetence you had come to an agreement on price.
    Very recently (last Monday) in the High court a claimant lost his case against an employer who had made a mistake in the employee's contract, The employer had mis-stated the employee's salary. The ruling was that the employee had taken the "commercial risk of accepting the offer, knowing full well that the figure was an error".

    On the other hand there is the general principle that a person is bound by their signature to a document.

    Contract law is a minefield for the unwary, and every lawyer will quote conflicting case law:tinysmile_cry_t:
    I wish you luck

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