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JimLawyer
JimLawyer, Solicitor
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Experience:  Senior Associate Solicitor
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If a person was put in a position by a rogue trader that

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Hello, if a person was put in a position by a rogue trader that they had to take finance to replace an item that should have been refunded without question, could it be argued that when asking for compensation in a court claim that the cost of the financed item be settled by the trader acting illegally?
JA: Where are they? It matters because laws vary by location.
Customer: Its under UK Consumer Rights regarding the sale of a vehicle.
JA: What steps have they taken so far?
Customer: I have tried to resolve directly with the trader who are ignoring all forms of contact since being contacted about it the day of and the day after the sale. A recorded delivery letter has also been ignored which contains copies of quotes and an engineers report.
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I have been in contact with Action Fraud and Trading Standard who have told me i am entitled to a full refund including any expenses obtained because of the sale of this vehicle. These wpold have been just the cost of the vehicle, the Log book and a brand new battery had he agreed to refund me as he was legally required to. I am a carer for my wife who has mobility issues and my son who is autistic, we could not do without a car safe to drive (which the engineer who fitted the battery said it was not and it would tn pass an MOT). Since the trader had all and any available cash i could put together for the cost of a vehicle and was not responding to me i have had to finance a car to be able to transport my disabled wife and special needs son.... since this expenditure would not have been needed if i had been refunded i would like to class this as part of the compensation i wish to seek from the trader.

Hello, this is Jim and I am a dual-qualified lawyer (UK and Republic of Ireland) and happy to help you this evening.

It really comes down to the reasonableness of taking out finance. Finance is a an option which costs you money due to the interest and as a claimant, the court expects you to mitigate your losses. So if you had other options open to you which could have avoided finance then the court may think that taking out finance was an unreasonable decision and they may disallow the claim. However, your circumstances would justify the decision to take out a finance loan for a new vehicle, so I cannot see the court saying you have acted unreasonably. I think you have a good chance to recover the monies (the extra money you have spent) due to taking out the finance.

I presume you have not yet sued the dealer - if not then you can do so via the http://www.moneyclaim.gov.uk.

Before you sue them you should send a letter before action (I note you have already sent them a recorded delivery letter but I am unsure if this includes details of your finance costs). If not then send them a letter (see attached).

I hope this helps – if you can please rate the answer by clicking the 5 stars (the top of your screen & then click “submit”), I can answer follow up Q&A's at no extra charge and I will be credited for helping you today.

Many thanks,

Jim

Customer: replied 9 days ago.
Hello, thank you for getting back to me. It definately feel the right thing to do as the finance was the only way I was able to obtain a new vehicle since the dealer was obviously avoiding all responsibility of taking the car back a refund. The money fo that vehicle was obtained by transfering a credit card balance to my current account for bank transfer payment to the dealer as he didn't have card payment facilities. The only funds I had available were on that card. I had tried to obtain a loan from my bank but my sources of income would not permit them to offer me and payday loans are a bad idea due to insanely high interest. My only way to get a new vehicle was finance but would not have been needed if he had refunded me at request. I have not sued him yet and the document sent via recorded only listed the cost I wanted refunded prior to having to take finance.

Thanks, I do not see a problem in claiming those costs - the court will be sympathetic to your predicament given the dealer's breach of your consumer rights.

Please let me know if any of what I have said requires clarification. I am happy to help. In the meantime if you could either leave a rating and click “submit”, or confirm that I have answered your question for you, I would be very grateful.

Many thanks,

Jim

Customer: replied 9 days ago.
Thank you Jim, You've been most helpful. Do you think I have cause to request the full.amount of the finance or just a portion of it like it's interest? - Steve.

Well, the court will aim to put you back in the position you would have been in had the dealer not breached the contract and breached your consumer rights.

So, you would need to work out the actual loss and if that means the interest on the loan (the finance people should be able to give you a figure) then that would be the loss to claim.

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