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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have exercised Right to Reject as per consumer rights act

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I have exercised Right to Reject as per consumer rights act 2015. Trader has engaged a "dispute resolution" solicitor who claims I agreed to resolution to right to repair or replace, since I can prove that I did not, the solicitor no longer responds, nor does the trader, nor has any refund been given. Must I still only attempt to communicate with that solicitor and not the trader. My formal 14 day notice before action in small claims court expires in less than 48hrs.
Submitted: 3 months ago.
Category: Law
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 3 months ago.

Please can you provide some background information on the situation so that I can advise?

Customer: replied 3 months ago.
Hi Ben, This is regarding a kitchen order received 20th August, unfortunately in substantial substandard condition. I raised this with the trader on the 21st. The trader then sent me a singular additional item to replace one damaged in transit which literally fell apart whilst ignoring all issues with the quality and other damages. Believing that the best resolution was to reject and return, the trader has refused to collect the goods, so now physically hired a van and taken them back
Customer: replied 3 months ago.
With only 24hrs left of the notice given that I felt had no alternative but to return the goods myself while S75 claims proceed through my credit cards, they engaged a solicitor who formally has said that I accepted repair or replace on the 6th september which is proven not true, and backed by written communications
Expert:  Ben Jones replied 3 months ago.

OK 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.

Customer: replied 3 months ago.
I have no products having returned them, no money back, and the solicitor will not respond. Do I revert back to sending letters to the trader directly
Customer: replied 3 months ago.
Thanks Ben
Expert:  Ben Jones replied 3 months ago.

No problem at all

Expert:  Ben Jones replied 3 months ago.

Many thanks for your patience. Who you correspond to depends on whether the solicitor is formally instructed to represent the trader or if they are no longer their representatives. If you were formally told at some point that they are instructed by the trader and are representing them, asking you to communicate with them, you should continue doing so until you are told otherwise. If a party is formally represented by solicitors then you should not contact the client directly. What has happened here though is that the solicitors have stopped corresponding and you have no idea whether they are still representing the trader or not. So what you can do is send one final letter to the solicitors and say that you are treating their lack of response as an indication that they are no longer involved in this matter and that unless you hear otherwise you would revert to communicating with the trader directly. You can then continue communicating with them rather than with the solicitors.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. If you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 3 months ago.
Thanks, ***** ***** common sense to ask them first, and your wording helped me, However we take the solicitors silence on the question of evidence we have requested very seriously, whilst possibly operating on false information by the trader, I wonder if this classifies as a matter of dishonesty for to the Solicitors Regulation Authority to investigate, or to just simply leave that to be addressed in court. If you would like to offer your opinion on this, I would be most grateful.
Expert:  Ben Jones replied 3 months ago.

There could be all sorts of reasons for the silence and over the years I have seen plenty of examples where a solicitor is far from efficient in their responses to the other party. This is not dishonesty and as this is a very serious allegation which is not ta***** *****ghtly it would really take something serious for this to amount to it. In the circumstances I think it is unlikely though…of course I have no idea what has happened on the other side that has led to this but from experience I think it would be unlikely.

Nothing stopping you from raising this with them though as a negotiating tactic to try and get them to respond

If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45306
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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