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breach of contract?

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  • breach of contract?

    I took a lease on a new car for my business. It had a serious fault which made it unsafe to use. I returned it to the lease company and they gave me an older vehicle to use meantime while the new one was repaired. I lost income while waiting for the replacement vehicle to be delivered. It has now been 4 weeks and the lease company are unable to tell me when the new car will be repaired.
    Can anyone tell me if I can claim for my loss of earnings and whether the lease company are in breach of contract.
    I have read the contract and basically it says they accept no responsibility for the condition of the car and that all they need to do is provide me with another car of any age or make. It does not put any time limit on this. The contract is covered by the CCA.
    Any advise would be appreciated
    Tags: None

  • #2
    Re: breach of contract?

    What does the contract say about repairs?

    The problem you may have is that you have taken on a lease for your business. For you to have any consumer rights, you have to fall within the following definition:

    "an individual acting for purposes which are wholly or mainly outside that individual's trade, business, craft or profession"
    Either way, the starting point is to read the contract and see what it says about repairs and go from there but what you are saying relates to the condition, not where the car is not fit for purpose.

    It might help to post up the full clause in question in its entirety and we can go from there.
    If you have a question about the voluntary termination process, please read this guide first, as it should have all the answers you need. Please do not hijack another person's thread as I will not respond to you
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