DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

**ploddertom** · 13th March 2014, 06:29:AM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

Sorry but a great block of text is not easy to read, can you try putting paragraphs in.

**ncf355** · 13th March 2014, 09:13:AM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

Seems to me you have claims on 3 seperate areas:

1) Loss of bargain as stated
2) Interest on the sums you have already paid
3) Costs - have you had to hire a car whilst waiting?, your time in dealing with this farce?, etc

I have to say though, I'm stunned that you let it go this far, they wouldn't have had more than one chance from me, and I also believe the rejected vehicle statement is something that is not cows or sheep, but b.........

**ncf355** · 13th March 2014, 09:15:AM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

The moment they refuse to supply such things as contact details and the reject erport, it sounds like a P take

**0011728** · 13th March 2014, 14:22:PM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

Thanks for the reply. I have tried to mitigate all consequential losses and have been loaning a car off my dad - which I have paid him a weekly amount to cover his costs of taxis (even though he has a bus pass). No records have been kept though. Interest on the sums paid i.e. £1030.00 by credit card is negligible as the card has been paid off in full - and with bank interest rates very low. I also believe the non provision of a "rejection report" is BS, but to compound things further, after I placed my second order I was chasing up Vx Head Office to see if they would show good will in the provision of a courtesy car. Their first response was that because I couldn't provide a Vx Order Number (SONO) for the first order - because Buyacar would not let me have it, Vx said they could not trace the order. I pressed Vx further on this and provided the full bespoke specification (which would be rare). They then came back and stated that they had no record of that vehicle specification being ordered on their system across Fleet OR Retail. When I questioned Buyacar with this they came back stating that they do not order their vehicles through the Retail part of Vx. At this point I was extremely suspicious but half way through the second order so let it take its course. Now this order has not been delivered, no reason to date as to why, and I'm questioning whether any of the vehicles actually existed hence getting Trading Standards involved now.

**0011728** · 13th March 2014, 14:28:PM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

I am not familair with contract terms etc. Could someone please look at Buyacar's T&C's below and see if there is anything that may affect my claim or need to be aware of?

Ordering Process top^ 1.1 If you tell us you wish to purchase a Car and that Car is available, we will send you a Vehicle Order. The Vehicle Order will detail the Specifications and Price.
1.2 If you decide to purchase the Car, you should review and sign the Vehicle Order and return it to us together with the Deposit within 24 hours of receipt (unless otherwise stated in the Vehicle Order Form). By signing and returning the Vehicle Order together with the Deposit, you will be entering a binding contract for the purchase a Car with the Specifications at the Price (the “Contract”). Please note that you must return the signed Vehicle Order and Deposit to us within 24 hours (or such other time as stated in the Vehicle Order) as we cannot guarantee the Price or the availability of the Car beyond that period.
1.3 Following the receipt of a signed Vehicle Order, we will send you an Order Confirmation. A Contract is formed once the Order Confirmation has been sent.
1.4 If you are connected to the motor trade you must make us aware of the relationship at the earliest opportunity and before you sign the Vehicle Order. It is prohibited to order or purchase a Car without disclosing any connection to the automotive and motor industry.
Price and Payment top^ 2.1 When returning a signed Vehicle Order you are required to pay us a deposit of £500 (please note that certain cars maybe subject to a higher deposit). When the Car is ready for Delivery we will then send you a final invoice.
2.2 The balance of the Price (being the Price less the Deposit and the amount of any Part-Exchange Valuation agreed by us) shall be paid in pounds sterling within 14 days of receipt of the final invoice. Payment must be made by an agreed method to our account with HSBC Bank (Sort Code 40-02-13, Account number 21472860) (the "Account"). We will not proceed with Delivery of the Car until we receive cleared funds into the Account in the amount of the balance.
2.3 All Prices quoted to you and appearing in the Vehicle Order will, unless stated otherwise, include VAT, number plates, 12 months road fund licence, Driven Delivery and the first registration fee. Other prices on the Website are for information purposes only and do not constitute an offer by us.
2.4 Where fees are applied, particularly in the case of credit cards, these will be passed onto you in addition to the Price. Where payment is made by credit or debit card the relevant consumer and credit legislation will apply. We may perform a validation check and authorisation check with the card issuer and reserve the right to refuse your order where the card issuer refuses to authorise payment or where we have any other legitimate concerns about your payment.
2.5 If you require finance for the purchase of a Car then we may offer you a finance package with a preferred provider. It is up to you whether to accept this offer or to source your own finance. All offers of finance will be subject to status.
2.6 If you fail to pay any sum when due under the Contract you will be liable to pay interest on such sum from the due date for payment at the annual rate of 3% above the base lending rate from time to time of HSBC Bank plc, accruing on a daily basis until payment is made, whether before or after any judgment. If no specific due date for payment has been agreed, the due date for payment shall be deemed to be:
1. the date falling 14 days after receipt of the final invoice; or
2. (if earlier in time) the date of actual Delivery or Collection of the Car; or
3. (if earlier in time) the date falling seven days after the date of the notice we give to you that the Car is ready for Delivery or Collection.
2.7 Please note that the Car will remain the property of Buy A Car until full and final payment is received by us.
2.8 Taxes such as VAT, first registration fee and vehicle excise duty will be charged at the rate set on the date of invoicing, which could be different to the rate set on the date of the vehicle order form.
2.9 Where a credit or debt card is used to pay online for a transaction, the responsibility for this payment transaction lies with Buyacar.
Delivery top^ 3.1 Prior to the signing of the Vehicle Order we will give you the option of either collecting your Car or having the Car delivered to you. All prices quoted include free Driven Delivery to mainland England and Wales. Transported Delivery, and Driven Delivery outside mainland England and Wales, may be subject to extra charge.
3.2 The Estimated Delivery Date in your Vehicle Order represents our best estimate of the time it will take for the Car to be delivered to you. We will do all that we reasonably can to deliver the Car to you before the Estimated Delivery Date. However, this may occasionally be subject to manufacturer and other delays and you acknowledge that Delivery may occur later than the Estimated Delivery Date. We will inform you as soon as possible if we are unable to deliver the Car by the Estimated Delivery Date. You will be entitled to cancel the contract and receive repayment of your Deposit if Delivery has not taken place within 28 days of the Estimated Delivery Date unless you have agreed otherwise, orally or in writing, to accept late delivery. Where delay is caused by circumstances beyond our control we will not be liable for any damages related to the delay. IMPORTANT: where the delivery schedule is shown as "Factory Order" on the Vehicle Order you accept that we have no control over the time that it takes for the factory to build the car you have ordered and as a consequence we are unable to give you a right of cancellation in the event of an extended delay in Delivery.
3.3 We will not be liable for any delay in the delivery of the Car which is attributable to a Force Majeure event (this means a circumstance beyond our control – please refer to the definition in the Appendix).
3.4 Once your Car is ready for Delivery, should you request a delayed Delivery for any reason then we agree to do all that we reasonably can to store the Car for you until you are ready to take Delivery. In this circumstance you agree to pay for the storage of the Car in full. Please note that we may still require payment on the due date which may be prior to Delivery.
3.5 On Delivery of your Car you will be asked to sign a Delivery Acceptance Note. Please note that after signing this note you will be deemed to have accepted the Car in the condition it arrives. It is therefore important that you check the Car for any Damage that may have occurred during Delivery and that you detail any such Damage on the Delivery Acceptance Note before signing it. If you do not wish to accept Delivery of the Car because of such Damage, then DO NOT sign the Delivery Acceptance Note. In the event that there is Damage to the Car but you still wish to accept Delivery, and provided that you have noted such Damage on the Delivery Acceptance Form, then you will have the rights set out in clause 6.7 (to have the Damage made good). Please note that Buyacar cannot be responsible for any claim of Damage to the Car if it is not brought to our attention on the Delivery Acceptance Note.
3.6 In the event that you have specified a Delivery Arrangement with Buyacar, and you subsequently choose to re-arrange or cancel such Delivery Arrangement less than 48 hours before delivery is due to take place, please note that you may be subjected to a cancellation charge of up to £200.
V5c log book Registration top^ 4.1 At the earliest opportunity available to us we will apply to DVLA to have the V5c log book keeper details registered or changed to the name and address details you provided to us for the invoice, unless you tell us otherwise.
4.2 Some of the new vehicles we sell require us to register the V5c log book in company details first- this is necessary to achieve the large discount you receive- and due to DVLA processing time this could potentially add a delay before DVLA are notified of your details.
4.3 If, upon receipt of your V5c, you notice any inconsistencies or inaccuracies in the details that are displayed, or if a company name is present, you should immediately notify DVLA to allow them to correct this.
4.4 You should be aware that whilst using the vehicle on the public road any inaccuracies in the registered name and address details within the V5c log book could potentially prejudice yourself to section 43C of The Vehicle Excise and Registration Act 1994, and possibly invalidate your insurance.
Refund of Deposit top^ 5.1 If for any reason we have taken a Deposit from you but are unable to subsequently send you a Vehicle Order then we will return in full any Deposit paid by you to us as soon as possible (and in any event within thirty days of the date of receiving the Deposit) but we will be under no further liability whatsoever to you.
5.2 If the Order is cancelled by us due to a failure by you to take Delivery of the Car, or cancelled by you for any reason while we are not in breach of the Contract, then we shall be entitled to retain all or that part of the Deposit that is reasonable for us to cover the costs incurred by us which may include arranging transport, registration or resale of the Car (taking into account market fluctuations of the value of the Car).
5.3 If the Order is cancelled by you as a result of a breach by us of any of the conditions of the Contract, or as a result of you exercising your right to cancel following Delay as outlined in Clause 3.2, then you are entitled to a refund of your Deposit.
Cancelling or Changing the Order top^ 6.1 After you have signed the Vehicle Order and we have returned an Order Confirmation, the Specifications and Price are fixed and may only change as follows:
6.1.1 where you request a change to the Specifications and it is reasonably practicable for us to make those changes and you are willing to pay any corresponding increase in the Price. If it is not practicable to make the requested changes, you agree to accept the Specifications as originally ordered. You acknowledge that the sooner you are able to communicate a change of preference to us then more likely we will be able to accommodate your wishes;
6.1.2 if, following an Order for a generic car model, the manufacturer changes the Specifications or price or model year then you will have the option either to accept the Car with the changed Specifications, Price or model year (and pay any resulting increase to the Price) or to cancel the Order and receive your deposit back in full.
6.1.3 if the cost of road fund licence or the rate of value added tax increases then you will be required to pay the increased amount.
6.2 WE may cancel your Vehicle Order immediately by written notice if any of the following occurs:
6.2.1 the manufacturer ceases to make the type of Car you ordered;
6.2.2 the Vehicle Order has been formed upon the basis of a substantive error;
6.2.3 a Force Majeure event occurs (please see the definition in the Appendix);
6.2.4 in the case of a stock Car, the Car is removed from sale by our supplier (e.g. the supplier has sold the Car to another customer);
6.2.5 there is a change in our terms of business with our supplier, forced upon us by the Supplier, and beyond our control;
6.2.6 you materially breach any term of the Contract, including failure to make any payments when due; or
6.2.7 you fail, within 14 days of being asked to do so, to nominate an address for the Delivery of the Car to you, or you fail to take Delivery of the Car when Delivery is attempted by us at the address specified for Delivery in the Order, or you fail to ensure Collection has taken place within 14 days of the Collection date agreed with you.
6.2.8 less than 7 days has passed since sending an Order Confirmation.
6.3 Please note that if we cancel your Vehicle Order pursuant to clause 6.2.4 or 6.2.5 above, then we will do our best to find an alternative buyer for the Car. If we cannot find an alternative buyer, we reserve the right to forfeit some or all of your deposit as compensation for any losses caused directly by your breach. Buy A Car Limited will not be liable for any consequential loss incurred due to cancellation of Order.
6.4 YOU may cancel your Vehicle Order if any of the following occurs:
6.4.1 we materially breach the Contract;
6.4.2 the Car does not match the Specification at the time of Delivery, for example should the Car have incorrect Specifications or Damage from transit, or (in respect of brand new cars only) mileage in excess of 250 miles on the clock (unless you have waived this and are having the Car driven to you);
6.4.3 the Vehicle Order has been formed upon the basis of a substantive error in relation to any term of the Vehicle Order including a typographical or mathematical error with respect to the Price or Specification;
6.4.4 you choose to exercise your right to cancel in accordance with Clause 3.2 (excess delay in the Delivery of your Car); or
6.4.5 any of the circumstances outlined in Clauses 6.1.2 above (change of Specifications or model year, or increase in Price by the manufacturer).
6.4.6 less than 7 days has passed since signing the Vehicle Order and a Delivery Arrangment has not yet been made.
6.5 In addition, you have a right under the Consumer Protection (Distance Selling) Regulations 2000 ("the Regulations") to cancel your order for any reason without charge. This cancellation right begins on the date of Delivery and ends on the expiry of the period of 7 working days from the date of Delivery. Any monies you have paid will be returned. You will not have a right to cancel if the Car has been made to your specification or clearly personalised. However, this would only apply if you wanted us to customise the Car beyond the predefined manufacturer specific options available.
6.6 If you exercise your right to cancel an Order after Delivery of the Car pursuant to Clause 6.4 or Clause 6.5, then:
6.6.1 you must inform Buy A Car Limited as soon as possible. If the Car is rejected on Delivery then you must also notify Delivery driver immediately and make a written note of this on the Delivery Acceptance Note;
6.6.2 you will at our option either return the Car to us at your expense or allow us to collect the Car from you. Returning the Car must be done by car transporter in order keep the Car mileage the same. If we elect to collect the Car from you we will be entitled to charge you an amount equal to its direct costs of recovery;
6.6.3 you must keep the Car in the same condition as it was Delivered until it is either returned or collected, and this means that you may not increase the mileage shown on the Car's odometer by more than 20 miles compared with the mileage at the time of Delivery;
6.6.4 you must when the Car is returned or collected provide to us the keys, V5 registration document and all other documentation and items supplied with the Car; and
6.6.5 you must compensate us for any Damage you have caused to the Car or any use you may have made of the car which has reduced its value.
6.6.6 we will refund all monies due to you as soon as possible (and in any event within fourteen days of the date of the Car being returned or collected) but we will be under no further liability whatsoever to you.
6.7 Should you wish us to make good any missing Specifications or Damage to the Car instead of choosing to cancel the Contract and receive a refund, then, provided you have noted such missing Specification or Damage on the collection/Delivery Acceptance Note, and to the extent that it is reasonably practicable for us to do so, we shall use our best endeavours to do so within a reasonable period of time having consideration to the nature of the repairs required. If it is not reasonably practicable for us to make good any missing Specifications or Damage to the Car we shall offer you a full refund of the Price. This does not affect your statutory rights.
Used Cars top^ From time to time advertisements for used cars may appear on the Website. Please note that all such cars are offered for sale by third parties and the sale of such cars shall be subject to the terms and conditions of that third party. Buy A Car is not an agent for and does not represent those persons, companies and other organisations whose used cars are advertised on the Website and the advertisements do not constitute any part of an offer or contract. Buy A Car Limited makes no warranty or representation that the items advertised for sale via the Website are offered free of encumbrance, charge or any other unexpired right in the item or that such advertising is a statement or representation of fact. You should carry out any checks or searches that may reveal faults in the title or suitability of the item for your own purposes and receive independent advice before you purchase.
Part-Exchange Cars top^ 8.1 Buy A Car offers a part-exchange facility under which we may agree to accept your Part-Exchange Car in lieu of payment of the amount of the Part-Exchange Valuation subject to the satisfaction of each of the conditions set out below:
8.1.1 that the Part-Exchange Car is your own property and is either free from all encumbrances, or is subject only to one or more encumbrances capable of a cash settlement, in which case we will (after we have received your Part-Exchange Car and delivered the Car to you) apply an appropriate amount of the Part-Exchange Valuation to any appropriate third party to discharge any such encumbrances, and you accept that the amount of the Part-Exchange Valuation shall accordingly be reduced (and the amount of the Price payable by you in cleared funds correspondingly increased) by the amount required to discharge any such encumbrances;
8.1.2 should we require to do so, that we have been given reasonable opportunity to examine your Part-Exchange Car to confirm the appropriate level of the Part-Exchange Valuation and that such examination has taken place to our satisfaction;
8.1.3 that we receive your Part-Exchange Car from you in substantially the same condition as was specified by you in the information provided to us pursuant to which the Part-Exchange Valuation was calculated and that the statements and representations made by you in relation to your Part-Exchange Car (including all statements, assessments and representations submitted by you on the site) are accurate and complete in all respects;
8.1.4 that you have disclosed to us, prior to the Part Exchange Valuation, all facts that may materially affect on the value of the Car; and
8.1.5 that your Part-Exchange Car is collected by us at the same time as or before Delivery of the Car is made to you, and that title in your Part-Exchange Car passes to us absolutely upon Collection.
8.1.6 that your Part-Exchange Car has a valid MOT and road tax and is in a condition suitable for use on the public highway, unless formally agreed by us, at the time of collection by us.
8.1.7 that all vehicle documentation, V5C registration certificate, valid MOT certificate, service history and standard equipment (ie parcel shelf, spare wheel) relating to your Part-Exchange Car, unless formally agreed by us, is made available at the time of collection by us.
8.2 If any of the conditions set out above are not satisfied we will be discharged from any obligation to purchase your Part-Exchange Car or to confirm the Part-Exchange Valuation, in which circumstances we will have the choice to decide whether:
1. you will be bound to pay the Price in full in accordance with these conditions without the Part-Exchange Car, (unless you are legitimately cancelling the Contract in accordance with Clause 6.4); or
2. we will accept the Part-Exchange Car and make an appropriate deduction in the Part-Exchange Valuation (by recalculating the value of your Part-Exchange Car where appropriate) to fairly and adequately compensate us for any inconvenience, losses, expenses or charges we incur, and you will then be bound to pay the Price in accordance with these conditions utilising the Part-Exchange Valuation as varied, (unless you are legitimately cancelling the Contract in accordance with Clause 6.4).
8.3 If for whatever reason:
1. you do not allow us to collect your Part-Exchange Car within a period of 60 days of the date of the Part-Exchange Valuation; or
2. the total mileage of your Part-Exchange Car on Collection by us exceeds the estimated mileage used for the purposes of calculating the Part-Exchange Valuation;
then we reserve the right to recalculate the value of your Part-Exchange Car to take account of the increased mileage and any other factors which may reduce the value of your Part-Exchange Car since the Part-Exchange Valuation was calculated, and you agree to be bound to pay the Price in accordance with these conditions utilising the recalculated value of your Part-Exchange Car in the Contract.
8.4 Where we have agreed the Part-Exchange Valuation of your Part-Exchange Car in accordance with these conditions, and you cancel the Contract after we have collected the Part-Exchange Car from you, we may (in our absolute discretion) either return the Part-Exchange Car to you or pay to you a sum of money equal to the amount of the Part-Exchange Valuation of the Part-Exchange Car.
Use of the Website top^ 9.1 All material on the Website (the "Content") is the property of Buy A Car Limited. You may not reproduce part or all of the Content of the Website in any form unless it is for personal, non-commercial use. You may not copy or otherwise incorporate into or store in any other Website, electronic retrieval system, publication or other work any of the content of the Website in any form (whether hard copy, electronic or other). You may not frame or link to the Website or any part of it without our permission (although we will generally be happy with a link that promotes the Website). You may not use the Website for any illegal or unlawful purpose.
9.2 In particular, but without limiting the generality of the above, you may not do any of the following without prior written permission from Buy A Car Limited:
9.2.1 redistribute any of the content (including by using it as part of any library, archive or similar service);
9.2.2 remove the copyright or trade mark notice from any copies of content made under these terms; or
9.2.3 create a database in electronic or structured manual form by systematically downloading and storing all or any of the content.
Requests to republish or redistribute content should be addressed to the content manager, Buy A Car Limited, The Lightbox, 111 Power Rd, London, W4 5PY.
9.3 You acknowledge that "Buy A Car Ltd", buyacar.co.uk, "buy a car" and the “buyacar” logo are trade marks of Buy A Car Limited and that you may not use them without written permission from Buy A Car Limited.
9.4 You may use the Website to purchase products or services from Buy A Car Limited’s third party partners. In that event, your Contract for such products will be with the third party partner and will be subject to that third party's terms and conditions. Buy A Car Limited cannot be responsible for any aspect of the relationship between you and the third party partner, in particular anyone advertising used cars through the Website. Parts of the Website may contain advertising and sponsorship. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Website complies with all legal and regulatory requirements. Buy A Car Limited will not be responsible for any error or inaccuracy in advertising material.
9.5 Buy A Car Limited makes every effort to ensure that the content on the Website is accurate and will endeavour to make the Website available at all times but we neither assume responsibility for, nor accept any liability in relation to, any technical inaccuracies or typographical errors and omissions on the Site and do not guarantee that the Website and the content will operate without interruption. Buy A Car Limited excludes any liability for any errors and omissions on the Website or any loss caused by the use of or inability to use this site.
9.6 Other than those contained in these Terms and Conditions, and your statutory rights, Buy A Car Limited does not give any warranties in respect of the Website or content or the products or services available through the Website and makes no representations as to the fitness for a particular purpose of any products or services available on the site. Buy A Car Limited does not accept liability for any consequential or incidental damages (including but not limited to lost profits, loss of privacy) or for any other indirect, special, or punitive damages whatsoever that arise out of or are related to the use of the Website or the purchase or use of any products or services from the site.
9.7 All photos, drawings, descriptive matter, specifications and advertising appearing on the Website are issued or published for the sole purpose of giving an approximate idea of the cars described in them. The Car models pictured and described on the Website are illustrative of the model generally, and may include optional extras, and should not be taken as representing the exact Car you may choose. As indicated below, should you decide to purchase a Car, you should review the exact Specifications contained the Vehicle Order, as these will form the precise description of the Car you are purchasing.
9.8 Buy A Car Limited may wish to change these Terms and Conditions (including those relating to your use of the content) at any time and without notice to you. By using the Website following any changes to the terms, you agree to be bound by those changes.
9.9 The display of vehicles on the Website and/or any quotation given by us to you on the Website in respect of any Car shall not constitute an offer by us to sell or supply any Car and prior to the signature by you of the Vehicle Order we reserve the absolute discretion to refuse to accept any Order from you, or to refuse to sell or supply any Car to you, without the need to provide any reason therefore.
Privacy Policy top^ 10.1 In the performance of the Contract, we may collect certain personal information relating to you (such as your name, address, bank or credit card details, telephone number and e-mail address) ("Personal Information"). Buyacar Ltd is committed to protecting your privacy. We understand that personal information is especially sensitive and that you may have concerns about sharing personal information with us. We believe you should control the amount of information we receive about you.
10.2 We will not collect or process sensitive personal information relating to you (such as your political or religious beliefs, racial or ethnic origin, sexual life or health) without your explicit consent and your Personal Information will be processed by us for the purposes of (collectively "the Purposes"):
1. the performance of the Contract; and
2. to check your credit record with any credit reference agencies and for fraud prevention purposes (which will include the supply of your Personal Information to third parties for such purposes) should you decide to apply for finance.
10.3 By entering into a Contract, you consent to the processing and disclosure of the Personal Information. You also agree that the Purposes for the processing may be amended to include other uses or disclosures of Personal Information following notification to you.
10.4 We agree to keep all Personal Information in a secure environment and will comply with the Data Protection Act 1998 and any other applicable data protection legislation currently in force.
10.5 If you wish to update or correct any inaccuracies in your Personal Information or if you have any other comments or complaints in relation to this Services Agreement or the Vehicle Order please let us know by e-mail to customerservice@buyacar.co.uk.
10.6 In accordance with the Privacy & Electronic Communications Act 2003 we do not send random marketing emails to personal email addresses (spam).
Use of Cookies on our Website top^ 11.1 A cookie is a text-only string of information that a website transfers to the cookie file of the browser on your computer's hard disk so that the website can remember who you are. A cookie will typically contain the name of the domain from which the cookie has come, the "lifetime" of the cookie, and a value, usually a randomly generated unique number. Two types of cookies are used on the Site:
1. session cookies which are temporary cookies that remain in the cookie file of your browser until you close the browser; or
2. persistent cookies which remain in the cookie file of your browser for much longer (though how long will depend on the lifetime of the specific cookie). Cookies can help a website to arrange content to match your preferred interests more quickly. Most major websites use cookies. Cookies cannot be used by themselves to identify you.
11.2 We use session cookies to allow you to carry information across pages of our Website and avoid having to re-enter information.
11.3 We use cookies:
1. to help us recognise you as a unique visitor (just a randomly generated number) when you return to our Website and to allow us to tailor content or advertisements to match your preferred interests or to avoid showing you the same adverts repeatedly;
2. within research surveys to ensure you are not invited to complete a questionnaire too often or after you have already done so; or
3. to track whether advertisements are clicked on by users.
11.4 On occasion third parties may also serve cookies via this Site. These are used for the following purposes:
1. to compile anonymous, aggregated statistics that allow us to understand how users use our Website and to help us improve the structure of our Site. we cannot identify you personally in this way;
2. to serve advertisements on our Website and track whether these advertisements are clicked on by users.
11.5 You have the ability to accept or decline cookies by modifying the settings in your browser. However, you may not be able to use all the interactive features of our Website if cookies are disabled. For information about how to disable cookies in your browser please visit the About Cookies website.
Limitation of Our Liability top^ 12.1 Our entire financial liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise, arising in connection with the performance or contemplated performance of the Contract to you in respect of:
1. any breach of these Terms and Conditions;
2. any use made by you of or resale by you of a Car; and
3. any representation, statement or tortious act or omission including negligence arising under or in connection with the Contract,
shall be limited to the Price, and we shall not be liable for any direct, indirect or consequential loss (all three of which terms include, without limitation, pure economic loss, loss of profits, loss of business, depletion of goodwill and similar loss), costs, damages, charges or expenses caused directly or indirectly by any delay in the delivery of a Car (even if caused by our negligence), nor shall any delay entitle you to terminate or rescind the Contract unless such delay exceeds 180 days.
12.2 Nothing in these conditions excludes or limits the liability of the Company:
1. for death or personal injury caused by the Company’s negligence; or
2. under section 2(3), Consumer Protection Act 1987; or
3. for any matter which it would be illegal for the Company to exclude or attempt to exclude its liability; or
4. for fraud or fraudulent misrepresentation.
12.3 We may on occasion offer you certain products and services from our Suppliers in connection with the Car you are purchasing, for example free motor insurance. Please note that in these instances we will put you in touch with the Supplier and any contract made for the provision of these products or services shall be between yourself and the third party Supplier and not between yourself and Buyacar. We may for our and your convenience refer to the product or service on the Vehicle Order but this shall not form a term of the Contract and we shall not under any circumstances be responsible for the ongoing provision of that product or service.
Amendments to these Conditions top^ These conditions apply to all the Company’s sales and any variation to these conditions and any representations about the Goods shall have no effect unless expressly agreed in writing and signed by a representative of Buy A Car Limited. You acknowledge that you have not relied on any statement, promise or representation made or given by us or on our behalf which is not set out in the Contract. Nothing in this condition shall exclude or limit the Company's liability for fraudulent misrepresentation. For the avoidance of doubt, any finance agreement or agreement for the purchase of a used Car you may enter into will be separate agreements made between you and a third party.
Contacting Us top^ Any notice under the Contract (including any amendment to the Vehicle Order) may be given by first class post, fax or electronic mail to the address, fax number or electronic mail address last notified by the recipient.
Assigning the Contract top^ 14.1 We may at any time without prior notice to you cause all or any part of our rights, benefits and/or obligations under the Contract to be transferred to any associated or successor company (including by way of a transfer of assets or shares) or to any company to which we transfer all or a significant part of our assets by delivering to you a written substitution notice.
14.2 This Contract is personal to you and you may not transfer it without our prior written approval. Such approval will not be withheld without good reason.
Complaints top^ If you have any complaint about our performance, please contact our customer services department by writing to Complaints, Buy a Car Ltd, The Light Box, 111 Power Rd, Chiswick, London, W4 5PY or by email to customerservice@buyacar.co.uk.
Governing Law and Jurisdiction top^ This Services Agreement is governed by English law. If a dispute arises from this Agreement which cannot be resolved, then you and we hereby submit to the non-exclusive jurisdiction of the English Court, provided that you must bring court proceedings within the United Kingdom.
Statutory Rights top^ As a consumer, you have certain statutory rights regarding the rejection of defective services and claims in respect of losses caused by our negligence or failure to meet our obligations. The terms of the Contract shall not affect your statutory rights.
Third Party Rights top^ A person who is not a party to this Services Agreement shall acquire no rights under it by virtue of the Contracts (Rights of Third Parties) Act 1999.

**des8** · 13th March 2014, 21:22:PM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

Just had a quick glance at your contract and on the positive side the wording confirms the contract was struck when the order confirmation was sent (para 1.3) (you'd be surprised how often there's no contract until the vehicle is ready for collection.... or it was like that years ago).

Section 12 tries to limit their liability but they are on dodgy ground there as they try to include when in breach of statutory duty (which they can't do)

Have a read here (especially Group 2c limits of liability) to see what is considered an unfair term.
http://www.oft.gov.uk/shared_oft/rep...rms/oft311.pdf

If they see you know your rights they may be more willing to negotiate with you.

If you can negotiate a reasonable settlement with them without resorting to the courts you will find it a lot less stressful.

**0011728** · 14th March 2014, 01:14:AM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

Thanks Des8 for the response, very helpful

**0011728** · 14th March 2014, 13:58:PM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

I have now received a form from my credit card issuer to complete so they can help to resolve the dispute and raise a chargeback on my transaction. Do I complete this now and send off as I still have not received any information from Buyacar as to whether I will OR will not receive the vehicle?

I do not want to cancel the contract by having my deposit returned.

**0011728** · 17th March 2014, 13:16:PM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

Further advice required here please.

Buyacar have now missed both deadlines I have set them for sending me the final invoice OR communicating to me the valid reasons why it cannot be sent out. They have not communicated with me whatsoever. What is the best way to approach this now if I plan to go down the "loss of bargain" route. Do I continue to "affirm" the contract until I know excatly what is happening with my order or do I "terminate" the contract? I may be paranoid but I am now thinking that they are trying to frustrate me into using threatening action or tone that may constitute terminating the contract.

Your advice on this would be greatly appreciated.

Regards,
Paul

**0011728** · 17th March 2014, 19:12:PM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

ADVICE REQUIRED PLEASE

I have now received an email from Buyacar stating:

.................................................. .................................................. ...........................
WITHOUT PREJUDICE

Dear Mr B,

We have received an update from our Vauxhall supplier.

Regrettably, the car is not available for delivery. In order to supply this car we would need to reorder the car with our new supplier, and the price available would be that given on our website.

It seems that a problem has been caused for our current supplying dealer by your contact with Vauxhall, and consequently they are not prepared to supply the car and have cancelled the order. Before ordering the car, you ticked a box to agree to the following: -

“This order forms a contract that exists between Buyacar Ltd and yourself, by ticking this box you agree that this contract remains confidential and that you will not disclose any vehicle purchase details with your local car dealer or any person(s) directly or indirectly connected or involved in the motor trade and you, yourself are not employed by the manufacturer or dealer group associated with the brand of car you are ordering.”

It is enormously important in supplying the cars at the discount that we do that our customers do not breach this, as this does jeopardise our relationship with our supplying dealer. However, I do appreciate that it has taken far too long for us to be told that this was the case, and would like to offer our sincere apologies for the difficulties encountered. We were obviously not responsible for the problem with the original order, and had this not occurred, we would not be in this situation at all.

Please confirm receipt of this email.

Yours sincerely,
.................................................. .................................................. .................................................. .............
Yes, I did contact Vauxhall Head Office after non-delivery of the first order placed to see if they would show "good will" in the provision of a courtesy car due to the alleged "major electrical fault" that was found resulting in the vehicle being rejected (which I will continue to dispute). However, the only details I could supply Vauxhall about my vehicle was the specification that I ordered. Vauxhall's response was that they had no trace of that vehicle specification being ordered on their system. If this is true then how could this cause a problem for the supplying dealer as Vauxhall would not know who they were?

In addition, once I was aware that Vauxhall had not trace of the order on their system I contacted Buyacar on 18.12.13 to inform them of the matter. Buyacar then contacted their supplier and the response back to me was :

"The issue I have is with providing evidence of the order whilst maintaining the confidentiality of our supply route. Our supplying dealer does not know what they can show without disclosing their identity. However, I do have their assurances that the car is on order, and as before, it does show on our update sheet from them. We do not order cars through the retail division of Vauxhall, which is why the car does not show when you are requesting this information directly from them. We obviously need to be mindful of our relationship with our supplying dealer when updating our customers, and this is why I have not been able to show any Vauxhall order confirmation"

At no point in Buyacar's communications back to me did they inform me that there was a breach by me contacting Vauxhall, nor was there any indication from the supplier in their response back to Buyacar.

Buyacar are doing anything they can to get out of this contract but where do I go now?? Can I still pursue the "loss of bargain" route?

**des8** · 17th March 2014, 20:18:PM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

So you ticked a box (do you have a copy?) agreeing to keep the contract confidential.
You didn't (so they allege) keep to that agreement.
But that agreement doesn't seem to be part of the contract, so I doubt it is enforceable.
If it was enforceable why aren't they looking for damages as you (so they imply) by talking to Vx have caused their supplier to cancel, and so will have caused them loss.

You amended the contract after they failed to deliver by making "a delivery date of the essence of the contract". They failed (again) to deliver.So they have failed to complete.

As you show, you approached Vx but without knowing who Buyacar's intermediary was, how could your action have caused any embarrassment?

IMO Buyacar are wriggling.

How you proceed is upto you. As your claim is comparatively small it would be dealt with in the small claims track and so costs would be minor, and no need to employ a solicitor. On the other hand it is stressful & might not be worthwhile.

Hang around and others will probably be around with conflicting (!) advice

**0011728** · 18th March 2014, 00:37:AM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

Hi des8, thanks for the reply. Unfortunately I do not have a copy of "ticking" this box BUT on the "New Car Order Confirmation" it states this:

"We hope you are excited with the fantastic saving you are about to make on the purchase of your new vehicle. We spend a large amount of time negotiating with manufacturers and dealers across the country to offer you the huge savings that you have now taken advantage of. Now that you have decided to buy a new car from us, all we ask is that you don’t rub your local dealer’s nose into the savings you have made. Local dealers can be especially sensitive, particularly those you may have dealt with previously and have had the opportunity to gain your custom but have now lost that opportunity due to the larger savings we offer."

I would hardly call that a breach with that statement, would you? It may only be a few thousand pounds which we are talking about but to me this is a lot of money, and 8 months wasted and full of inconvenience for myself and the people I have had to loan cars off. I am determined to take this as far as I can now, as stressful as it may be because as you say, "they are wriggling" and I believe they have had no intention of supplying the car with that specification at that price - as weeks after I placed my original order their web price went up by nearly £4,000.00. for the same specification vehicle. They didn't want to breach the contract so they stalled, and stalled on delivery and now they are trying to say I breached.

Can someone please offer more supportive comments on the strength of my case and give advice on how to pursue? I have now made contact with Trading Standards but she has not had opportunity to review the case yet till she gets back to work a week Tuesday.

**des8** · 18th March 2014, 10:21:AM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

Hi
When I said "small" I was not inferring the amount was insubstantial to yourself, but would mean any court claim would be allocated to the small claims track.

I wouldn't hold your breath awaiting a meaningful response from TS.

If you're determined to proceed against Buy a car, I think (on the basis of your posting) that you have a reasonable chance of success, but you will (if normal) find it stressful. It would be misleading to say you are bound to win..... nothing is certain in the small claims court.

Buy a car appear to have failed to perform the contract.
Remedy in law is to put the injured party in the position they would have been if the contract had been completed.

They are most unlikely to negotiate a settlement, so you will probably have to commence proceedings.

The first step is to read the Practice Directions (http://www.justice.gov.uk/courts/pro...action_conduct) before firing off a Letter before Action, following which you will probably have to make a claim in the county court.

Case law is Robinson v Harman[1848]
Sale of Goods Act 1979 (s51.3) for the measure of damages.

You will get help from this site, but do be aware of the caveat at the bottom of the page. This is not legal advice, which you should obtain from a lawyer.

**0011728** · 19th March 2014, 16:09:PM

Re: DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

Hi des8, apologies for being over-reactive on the "small amount" thing! Please forgive me.

I believe the basic points of my case are:

· A matter of weeks after placing the order the Buyacar price increased by almost £4,000.00. I believe there may have been a pricing error that they will not admit to
· Since the original order was placed the Buyacar price has fluctuated, and even today is £2,859.00 more expensive than my contracted price
· On the original and subsequent vehicle orders, everything has appeared to proceed smoothly right up near the point of delivery where they have repeatedly stalled communication with me and then this resulting in non-delivery of the vehicle
· After the first order was rejected, I believe I was "swayed" away from re-placing the exact same order by only being given choices of ordering another vehicle or obtaining a refund. That was until I made Buyacar aware of my third option for them to supply the vehicle at the specification and price agreed.

· The first vehicle rejection for a "major electrical failure" which I dispute, based on evidence I am aware of problems with one particular vehicle being rejected because the 8" digital speedometer screen not being ordered correctly by the dealers ( I have a post from a forum of a member who order a vehicle with the digital speedomter but the dealer got it wrong and he rejected the vehicle (and discussions on a car forum they have heard of other instances). I believe this to be the case in this specific circumstance.

· Despite Buyacar stating that their Vauxhall vehicles are ordered through Vauxhall main dealers, Vauxhall Head Office confirmed after I contacted them that they had no trace of the original vehicle specification being ordered on their system AND that their system would show all orders placed through Vauxhall dealerships
· When placing the second vehicle order I stressed to them in an email dated 20.11.2013 that another non-delivery would cause me major problems. They have completely disregarded this request in non-delivery, and the fact it was almost 1 month from when I was informed by email they would send the final invoice out to me the following week.

· I would like to know when was this decision made by the supplying dealer not to supply the vehicle AND what this decision was based on - as they were contacted by Buyacar around 18th December 2013 in reference to my email about Vauxhall not having any trace of the order and there was no mention of any breach allegedly committed by me from either Buyacar or the supplying dealer

· I informed Buyacar via email on 14th November 2013 (see attached) informing them of my intentions to contact Duncan Aldred, Managing Director of Vauxhall UK and at no point was I informed or instructed not to contact Vauxhall.

Any thoughts on this?

DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

DO i HAVE A CASE FOR "LOSS OF BARGAIN"?

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