How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask JimLawyer Your Own Question
JimLawyer
JimLawyer, Solicitor
Category: European Law
Satisfied Customers: 11211
Experience:  Senior Associate Solicitor
97337639
Type Your European Law Question Here...
JimLawyer is online now

Just following on my from question around purchasing the

This answer was rated:

Hi Jim - just following on my from question around purchasing the horselorry, finding it unfit for purpose, being inconvenienced in the repair attempt, and wanting to exerpt my consumer right to get my money back, I took your advice and sent a letter we drafted together. We have had an e-mail response today, and I would like to check my return response to him. Please could you advise me?

Hi, this is Jim and thanks for the further question.
Yes, that's no problem, if you can show me your response - I will advise further

Customer: replied 4 days ago.
16/09/2020 12:50In reference to my question today re could you advise further......having sent the letter on Weds 9th Sept, we received an email today from the supplier of the horselorry saying:-Good morning Karen and RichardWith reference to the gearbox on the truck I have had an engineer look at it at the weekend and discovered, unknown to us, that the vehicle had had a gearbox replacement which had a generic program in it which would make the gearbox work but was not fully compatible with the vehicle ECU. To rectify this completely the gearbox ECU has been cleared completely and reprogrammed with the latest gearbox data which will ensure it is compatible with the truck.The new hydraulic ramp system has been fitted as requested. I have also rectified all the items on your "Issues List".The vehicle is ready for collection from tomorrow morning, Thursday 17th September, please call to confirm time.Regards
BarryHe doesn't reference our letter, but we do know that he received it as he confirmed that on a phone call over weekend, when he called to say that the MAN engineer was coming to look at the lorry. This email summarises how he feels he has fixed it, but I essentially don't trust him to supply me with a workable truck, so I'd rather have my money (£75k) back still, & he can keep the horselorry and sell it to recompense himself.How would you advise we reply to keep our legal position intact, and able to press for our money back within the 14days from 9th Sept?
Thanks

Hi there, if you say something like this:
Dear Sirs,

I write further to my letter before action, requesting a full refund and to your email received earlier today. Your email makes no reference to our letter and our request which is most disappointing. By your own admission, the gearbox was faulty/incompatible with the truck and as such, you sold a vehicle which was defective and not fit for purpose. The expectation of a £75,000 vehicle is that it should be free from defects and fit for purpose. I realise you have attempted a repair - you are only permitted after 30 days to make one repair, which if that fails then a full refund is required. The repair is allowed on the proviso there is no great inconvenience to myself as a consumer. As you know, we collected the vehicle on 19th July 2020. Given the serious issues I returned the vehicle to you on 25th August. We are now some 13 months on from my order for the vehicle. Given the passage of time, the fact that I no longer have any confidence in this vehicle - I ask you again, for a full refund of £75,000.00. This is a consumer contract, I have a right to reject the vehicle due to the serious issues and the fact I have been at great inconvenience of over a year to receive a workable vehicle. Please confirm by return that you will refund me in full - I will need cleared funds by 4 pm on 23rd September 2020 and if you do not pay I will have no option but to issue county court proceedings for my losses. I sincerely ***** ***** is not necessary and I await hearing from you.
Yours sincerely,

I hope this helps - please feel free to ask me anything else. I am free later today for any follow up questions.

Many thanks,
Jim

Customer: replied 4 days ago.
Thankyou. One question - do I need to mention the fact that the supplier is allowed 30 days to make a repair? It's just that he has had the lorry from 24th Aug when we brought it back to do any repairs (at his request), and we are still within the 30days from then. However we are about 60 days from when I took possession of the lorry, and he has had one attempt at the repair. He was going to let me take the lorry on 9th Sept when I was driving down to collect it prior to being checked mechanically and the gearbox coding altered on the EMS, and only didn't due to damaging the lorry ramp with that attempted fix. So essentially both fixes failed, but still within 30 days of my leaving it back to him. Does that matter?
The issue is that I don't have confidence that he will supply a vehicle to me which works and is fit for purpose, which you cover well in the letter. I will start to draft, if you could advise re the 30days.
Thanks
Karen

Yes, the 30 days is viable unless it puts you at inconvenience - which it has done as you still don't have a working vehicle after a year. He had one repair attempt so you are now within your rights to claim a refund and not the vehicle back. The law just says that if the vehicle is faulty, and you tell the dealer after 30 days of ownership, they are allowed one repair attempt unless that repair puts you at inconvenience. The facts are clear in my view though and I do not see the court having difficulty in giving you the refund

Customer: replied 4 days ago.
Thanks - that's clear.
Customer: replied 4 days ago.
Hi Jim, Does this read OK?
16th September 2020
Dear Sirs,
I write further to my letter before action of 9th September, in which I requested a full refund, and further to your email received earlier today. Your email of today makes no reference to my previous letter and refund request which is most disappointing. By your own admission, the gearbox was faulty/incompatible with the truck and as such, you sold a vehicle which was defective and not fit for purpose. The expectation of a £75,000 vehicle is that it should be free from defects and fit for purpose. We left the vehicle back to you on 24th August to effect two significant repairs to the EMS and the Ramp, and complete a list of other snagging issues. However both of the significant repairs were not completed successfully by this agreed date. In fact, on the evening of 8th Sept, you texted to advise that my wife could collect the truck on 9th September in full knowledge that the EMS had not been examined by a MAN expert, leaving her open to driving a faulty and unfit for purpose HGV. Indeed, it was only the unexpected ramp damage caused by the faulty fitting of the hydraulics which prompted you to call my wife en route and prevent her collection of an unfit for purpose vehicle. You advised that the MAN engineer only examined the truck on 11/12 Sept to diagnose the gearbox issue.
In summary, the two significant repairs required were therefore not completed as agreed by 9th Sept, meaning we could not collect the horselorry, leaving us with the great inconvenience of not having the horselorry for use in transport to horse competition. Given that we are now some 13 months on from my order for the vehicle and the fact that I no longer have any confidence in this vehicle’s fitness for purpose, I ask you again, for a full refund of £75,000.00. Under this consumer contract, I have a right to reject the vehicle due to the serious issues and the fact I have been at great inconvenience to receive a workable vehicle. Please confirm by return that you will refund me in full - I will need cleared funds to my bank account by 4 pm on 23rd September 2020 (for which I will provide sort code and ac no details). If you do not pay I will have no option but to issue county court proceedings for my losses. I sincerely ***** ***** is not necessary and I await hearing from you.
Yours sincerely,

Yes that looks good - let me know how you get on - I hope it works.
Many thanks,

Jim

JimLawyer and other European Law Specialists are ready to help you