Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. On the balance of probabilities do you believe he is a dealer?
Thanks calling shortly
Hi there, so when a consumer makes a purchase from a business seller, they will have certain 'statutory' rights under the Consumer Rights Act 2015. The law states that the goods must be:
· of satisfactory quality – they must not be faulty or damaged when you receive them;
· as described – they must match any description given to you at the time of purchase; and
· fit for purpose – they should be fit for the purpose they are supplied for,
If they do not match the above requirements, you will have certain legal remedies against the seller.
If the goods do not meet the criteria mentioned above, you will have the following rights:
1. Reject them and request a refund - this is only possible if the rejection occurs within 30 days of purchase.
2. Ask for a repair or replacement – if you are too late to reject the goods or do not wish to get a refund straight away, you can ask the seller for a repair or replacement. Obviously a repair is not possible here so it would be a replacement.
If there is still time to reject the goods and request a refund, you may do so. You can quote the applicable rights you have under the Consumer Rights Act as mentioned above. If they appear reluctant to assist, write to them one more time, warn them that they have 7 days to comply and inform them that if they fail to meet their legal obligations, you will have no choice but to report them to Trading Standards and start legal proceedings to seek compensation for your losses. This can be done via www.moneyclaim.gov.uk
If you mean the claims and the hearing fees for the court, then yes you can ask for those to be reimbursed by the other party, but only if you win. Also you do not include them in the original claim, these are claimed once a decision is made in your favour
Yes you can label it as such but only if you ate trying to settle, not if ypu are trying to threaten legal action without attempts to settle
Assuming you are claiming £5650 in total then it would be £410 claim fee if submitted online and then a hearing fee of £335
Hi there, whether he is a trader or not is going to be something a court decides on when they look at his activities in selling horses. The fact that he has other employment certainly does not mean he cannot be a trader, you can have a main job and still be considered a trader as a separate or secondary business involvement. If he is genuinely not a trader then you can only pursue him under a misrepresentation or breach of contract claim. You need to take into account the advert and also what was discussed prior to sale. he advert will at least be a documentary piece of evidence, the verbal discussions will be your word against theirs so eventually the court will have to decide whose version of events they think is more credible
Well it is a basic case of were you told something that did not turn out to be the case. Misrepresentation is just that - the seller misrepresents the item they have sold you by providing an inaccurate description, either in the advert or in subsequent discussions and such description has influenced your decision to buy the item. Do not get bogged down with legalese, not only does it not really exist much in these circumstances but it is best to keep things to the face and important matters rather than complicate it