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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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We have paid £1000.00 via bank transfer, as a holding deposit

Resolved Question:

We have paid £1000.00 via bank transfer, as a holding deposit on a commercial vehicle total cost of £9,000.00 + vat £10,800.00 To Commercial Vehcile Exports (Northern) Ltd.
Advert seen on Ebay Motors, we are in Kent they are in Sunderland. We sent a qualified DAF mechanic to collect and check it out. The vehicle is not as described, Lights on the dash showing the exhaust is faulty which could cost £1500.00 to rectify, lorry used as a tarmac vehicle (photos sent to us cannot be of the actual vehicle), many areas of rust which have been painted over, mileage advertised 37,500 from new actually 41,000. MOT advertised to November actually only August.
We have asked for the deposit to be refunded, they are refusing to refund. How do we go about getting our money back.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today.

Customer:

hello

Ben Jones :

Whenever a dispute arises over money owed by one party to another, the debtor can be pursued through the civil courts for recovery of the debt. As legal action should always be seen as a last resort, there are certain actions that should be taken initially to try and resolve this matter informally and without having to involve the courts. It is recommended that the process follows these steps:


 



  1. Reminder letter – if no reminders have been sent yet, one should be sent first to allow the debtor to voluntarily pay what is due.

  2. Letter before action – if informal reminders have been sent but these have been ignored, the debtor must be sent a formal letter asking them to repay the debt, or at least make arrangements for its repayment, within a specified period of time. A reasonable period to demand a response by would be 10 days. They should be advised that if they fail to do contact you in order to resolve this matter, formal legal proceedings will be commenced to recover the debt. This letter serves as a ‘final warning’ and gives the other side the opportunity to resolve this matter without the need for legal action.

  3. If they fail to pay or at least make contact to try and resolve this, formal legal proceedings can be initiated. A claim can be commenced online by going to www.moneyclaim.gov.uk. Once the claim form is completed it will be sent to the debtor and they will have a limited time to defend it. If they are aware legal proceedings have commenced it could also prompt them to reconsider their position and perhaps force them to contact you to try and resolve this.


 


Whatever correspondence is sent, it is always advisable to keep copies and use recorded delivery so that there is proof of delivery and a paper trail. The court may need to refer to these if it gets that far.


 


You should use the advice given to you by TS in your correspondence where you argue the vehicle was not as described and as such it as a breach of contract by the seller and as a result you are cancelling the purchase and requesting your money back.

Customer:

is that all you have to say ? no further advise??

Ben Jones :

What further advice do you require - the above is your legal position?

Customer:

ok I was expecting a little more, as you know I already had that from TS so perhaps I should have been advised that you had nothing more to offer before agreeing to pay for your advise?

Ben Jones :

ok but what exactly were you expecting please - you did not mention anything about being advised how to pursue the money and that was your specific question on here. You did not mention the court route or the formal letter before action so as far as I knew you did not know of these options. And with all due respect - the above is your legal position. I cannot offer you further advice because it does not exist, what I have said above is what you need to do to pursue the money, I can't just make extra things up just to fill the space if I have already discussed what your actual legal position and options are

Customer:

ok thanks

Ben Jones :

yes and thank you for the poor service rating even though your question was answered

Ben Jones :

To clarify, your question above was "How do we go about getting our money back." - I have given you step by step instructions on what you need to do in order to pursue this and get your money back, hence why I cannot understand what more you would have liked me to tell you in order to take the matter further? If you could please clarify I would be happy to help further

Customer:

my point is that you have only given me same info as TS and I had told you I had contacted them. If that is all there is then surely that is what I should have been told. not charged £33 for the same info. payment made on the understanding if I was not satisfied I do not have to pay - however payment has already been taken? not to worry we live and learn..

Ben Jones :

ok but as mentioned above I only had limited information from what TS told you,as I said you did not mention anything about the letter before action or the small claims court, is that not correct? And these are your main ways to pursue the matter further. So it is why I do not understand why I have told you information you already knew when you did not even mention that information in your original query. A mind reader unfortunately I am not so I cannot guess what additional information you may have had from TS without you actually including it on here. And in the end your rights will be your rights, whether told by TS or me or the man down the pub - there is only so much one can tell you about your situation and if you hear the same information from more than one side then it should confirm that what you have heard is correct and it is what you need to do in order to take the matter further

Customer:

ok

Ben Jones :

Hence why I also do not understand why you rated poor service when you are not rating the contents of the answer but things like whether I answered your question in good time, etc

Customer:

i am trying to alter that and it wont let me as comes up your still chatting

Ben Jones :

Apologies for that, there is a bug in the system which we sometimes get and it prevents you from posting your rating. Instead, you can just type your selection on here then we will process it manually later. Thank you

Customer:

OK service

Ben Jones :

Thanks and sorry for any confusion earlier

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