Ask a Law Question, Get an Answer ASAP!
Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.
What do you specifically want to know about this? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks
Thank you very much for clarifying. Unfortunately, the rules I work under do not allow me to discuss your chances of success in court. When solicitors determine these, we would conduct a formal case analysis and take the full details and evidence that are available into consideration. On this site we deal with very limited information in a Q&A format, so inevitably certain details and evidence will be missed. Therefore, if we discussed prospects of success based on this limited information alone, we could end up giving misguided advice and prompt you into either making a claim or not making one, when in reality we may have advised the opposite had we known the full details. That is why we are only limited to discussing the legal position and your options, without actually commenting on how good or bad a case you have. Hope this explains things for you and do let me know how you want to proceed
No worries, how much did the car cost?
Thank you. As this matter will go to the Small Claims Court you will not have to meet the trader’s costs, even if you lose. The claim is below £10k so the Small Claims Court will hear it. You will pay foe claim fees to start with (£115 to claim and if it is defended and it goes to a hearing – another £170 for that). So overall you are potentially paying £285 to get it all the way to a hearing in front of a judge., If you lose, then you get nothing in return and you lose these fees but you do not have to pay the trader’s legal costs, as each side pays their own.
So on the basis of your consumer rights, you can indeed consider whether to pursue a claim, knowing that at worst you will be £285 worse off than you are now. Plus, the actual steps of making a claim could force the dealer into reconsidering their position and negotiating further with you over a proposed resolution.
Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.
You are most welcome. If you have any further questions about this, please do not hesitate to get back to me and I will be happy to help. All the best