Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.
Has the dealer offered you anything as yet?
Hi there and thank you, ***** ***** it with me. I am in court today so will prepare my advice during the day and get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Thank you.
No problem at all and thank you for the additional information. I will get back to you at the earliest opportunity. Many thanks.
Many thanks for your patience. I presume that you bought the lorry as a business buyer, rather than as a private consumer. In that case your rights will be different and you cannot automatically rely on the usual protection such as the Consumer Rights Act. However, you could rely on the Sale of Goods Act 1979 which gives similar protection, as long as that has not been excluded in the sales agreement. In a business to business contract the parties arE able to agree that the application of the SGA is excluded in which case you can only take action if the vehicle was misrepresented to you or the seller had acted in breach of contract, for example by not adhering to the contractual description or promises. So check the sales agreement to see if the SGA was excluded. If it was not then you would get the same rights as a consumer, which state that the vehicle must be as described, of satisfactory quality and fir for purpose. If it is not then you can reject it for a refund in the first month or ask for a repair or replacement after that. Ideally you should have given them the opportunity to carry out any repairs but if they had refused and you were left with no other option but to get someone else to carry these out, you could hold them liable for all or part of the costs. There is of course a risk with that because it is not guaranteed that a court would agree that the vehicle did not match the legal requirements at point of sale but in the circumstances it may be your only option so that is what you can do if you feel you want to take this further.
This is your basic legal position. I have more detailed advice for you in terms of the steps you need to follow if you decide you want to pursue this further, 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 is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
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Thank you. 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.
You are welcome, best of luck