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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48193
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I brought a brand new truck and asked ford roller shutter

Customer Question

I brought a brand new truck and asked for a ford roller shutter to be fitted and the tailgate remote controlled on key. the dealership agreed for which I have paper work . the roller shutter did not work and was told by the sellers to take it to a closer ford dealership which I did - the report from them reads - this is not a ford shutter and that it is coming adrift. after several lengthy telephone conversations with them and lots of e-mails no one is responding . I am going to spend £28000.00 plus when its paid for ( it is on hp ) and I cannot use it for fear of the shutter coming off and causing a major incident. don't know where to go to get help.
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Customer: replied 1 year ago.
hi thankyou
Expert:  Ben Jones replied 1 year ago.
Please can you tell me if you have approached the dealership regarding the report you have received. Please can you also advise how long ago you bought the truck.
Customer: replied 1 year ago.
the truck was delivered on 8/3/16 and I went to the local ford dealership on 28/4/16 which was the first available appointment
the company I brought the truck from has a copy of the report.
Expert:  Ben Jones replied 1 year ago.
OK, thank you for your response. I will review the relevant information and laws and will get back to you as soon as I can. Please do not respond to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you
Expert:  Ben Jones replied 1 year ago.
Sorry can I just check if you bought this as a business or private consumer?
Customer: replied 1 year ago.
hi
it was business
Expert:  Ben Jones replied 1 year ago.
Thank you. As a business you will not be protected in the same way as if you had been a consumer, so you do not have rights to expect the item to be as described, of satisfactory quality and fit for purpose. Nevertheless, you will still have rights under the common law of contract, where you would be entitled to expect whatever you had ordered and agreed to. So if you had ordered a truck with a shutter, there would of course be an implied expectation that this should be of working order. If it is not then you can argue that the seller has been in breach of contract by not providing you with what you had purchased. One technicality here is that the seller is likely to be the HP provider as they are the ones who would have purchased the truck from the dealer and then sold it on to you in return for the loan repayments. So if you were to pursue a party it would have to be them. In addition to the above right you may also have contractual rights under a warranty, so check to see if you have any warranty or guarantee which would cover this – it is usually a manufacturer’s warranty. If you are unable to resolve this with the seller then you could consider getting the repairs done elsewhere and holding them liable for these costs, or to simply get compensation for the fact that you did not get what you ordered and paid for. This is your basic legal position. I have more detailed advice for you in terms of the steps you can follow to take this further should no resolution be reached, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Customer: replied 1 year ago.
could you tell me how to move on , I have today had a telephone call from vans direct saying they are still looking into the problem , but I'm not sure how long I can cope with not being able to use it as I brought it for work and its been sitting in the same place since 28/4/16 because of the faulty shutter
oh and thanks for the advice so far
Expert:  Ben Jones replied 1 year ago.
Apart from complaining directly to them, you could start taking the steps to seek compensation, either for the fact you have not received what you ordered or to cover any repairs to resolve that. Whenever a dispute arises over compensation owed by one party to another, the party at fault can be pursued through the civil courts. 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 party at fault to voluntarily settle this matter. 2. Letter before action – if informal reminders have been sent but these have been ignored, the party at fault must be sent a formal letter asking them to resolve this amicably 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 pursue the compensation due. 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 other side 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.
Customer: replied 1 year ago.
thankyou very much for your help
Expert:  Ben Jones replied 1 year ago.
you are most welcome, all the best