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GabrielP428
GabrielP428, Solicitor
Category: Law
Satisfied Customers: 392
Experience:  Expert
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I need to report a situation to trading standards regarding

Customer Question

Good morning
JA: Hi. How can I help?
Customer: I need to report a situation to trading standards regarding a car I was sold in feb this year. I’m not sure how to go about it
JA: Where are you? It matters because laws vary by location.
Customer: portmouth Hampshire
JA: What steps have you taken so far?
Customer: Portsmouth
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: like what?
Submitted: 17 days ago.
Category: Law
Expert:  GabrielP428 replied 17 days ago.

Hi, my name is***** am a solicitor in England and Wales with 9 years of experience and have worked in the legal sector since 2008.

This service is not instant, so please note that I cannot always reply immediately due to other work commitments. I look forward to helping you with your legal problem.

If you would like a call to discuss this further, please let me know

A call is a premium service that includes an extra charge.

Expert:  GabrielP428 replied 17 days ago.

Good morning. Have you bought the car from a dealer?

Customer: replied 17 days ago.
Customer: replied 17 days ago.
I’d rather use txt. I have lost so much money already can’t justify exspensive call
Expert:  GabrielP428 replied 17 days ago.
Not a problem. 

Is it faulty?

Would you like to have it returned to the dealer and have a full refund?

Expert:  GabrielP428 replied 17 days ago.

-A report to Trading Standards can be submitted here: https://ssl.datamotion.com/form.aspx?co=3438&frm=general&to=flare.fromforms

-You may also be able to take the dealer to the County Court: https://www.gov.uk/make-money-claim

What was the purchase price?

Customer: replied 17 days ago.
That’s was my plan over the weekend. But have now changed my mind as I don’t want him to profit from the £2000 I have spent on it since I brought the car. He offered me refund then took off mileage allowance £800! Refused offer. So I want him to pay for the repairs. The car has had 3 new turbos in last 6 weeks. And just found out the Dealer had a new one put in before he sold it to me! My garage has now got to the root cause of failing Turbos….. someone had cleared the ECU mapping info. There we’re bytes missing so causing the failing turbo! He admitted that he hadn’t checked that before selling me the car. When it first went I had my granddaughter and my 2 dogs in car coming off slip road to motorway!!!! Told him this also.
Customer: replied 17 days ago.
Purchase price £3495. He offered me back £3000
Customer: replied 17 days ago.
163;2000 plus on repairs!
Expert:  GabrielP428 replied 17 days ago.

If the money you spent on repairs is because he sold you a faulty car you will be able to claim it back.

You have ill evidence to show that the car was indeed not as described and had faults at the point of sale.  An independent report from a mechanic is good.

You have to act quick because the protection under the Consumer Rights Act 2015 is only for 6 months from the date of purchase.

Here is a template you can use to send him a letter.

LETTER BEFORE ACTION

Dear Sirs,

Re: Claim for (insert sum)

I refer to the above matter. (Insert details of the dispute). The vehicle has several faults and I am fully aware of where I stand under the Consumer Rights Act 2015. The Act gives me protection if the vehicle is faulty (which it is) and if it is not "as described".  The faults are serious enough to affect the car's purpose and as such they are caught by the Act and gives me a right to reject, repair, or for a replacement vehicle.


I would normally be entitled to a refund, or a repair - a repair is only possible under the Act if it would not put me at signifiant inconvenience which it would given how far away I live from your dealership. I would prefer to keep the car however I have incurred costs amounting to £..........., evidence attached. I now ask that you pay these to me in order to settle the dispute.


This letter is being sent to you in accordance with the Pre-Action Protocol (“the Protocol”) contained within the Civil Procedure Rules (“CPR”). In particular, I refer you to paragraph 7 of the Protocol, and paragraphs 13 to 16 of the Practice Direction on Pre-Action Conduct and Protocols regarding the Court’s powers to impose sanctions for failing to comply with the provisions of the Protocol.


I therefore put you on notice of my intention to issue county court proceedings against your company for my losses should I not receive payment in full by 4 pm on (insert date 14 calendar days). I will also report this matter to Trading Standards if you unreasonable refuse my request.


Should court proceedings be necessary I will claim the court issue fee and statutory interest. Should I succeed in obtaining a judgment, same will be transferred to the High Court for enforcement against you whereby further costs will be added to the judgment sum.


I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.

Yours sincerely,

(insert name)



Expert:  GabrielP428 replied 17 days ago.

I would probably go straight to court. You don't have much time.

Customer: replied 17 days ago.
The car is now fully fixed so can’t really say it’s faulty now. Just want him to pay the repairs
Customer: replied 17 days ago.
Is there another letter I can send him
Expert:  GabrielP428 replied 17 days ago.

I will send you a template shortly.

Customer: replied 17 days ago.
Thank you
Expert:  GabrielP428 replied 17 days ago.

You are welcome.

Customer: replied 17 days ago.
Just remembers that he put 6 months of warranty on car but DIDNT cover Turbo!
Expert:  GabrielP428 replied 17 days ago.

You are protected by the Consumer Rights Act 2015.

Customer: replied 17 days ago.
Hi are you still going to do a template for me?
Expert:  GabrielP428 replied 17 days ago.

LETTER BEFORE ACTION

Dear Sirs,

Re: Claim for (insert sum)

I refer to the above matter. (Insert details of the dispute).

The vehicle I bought from you had several faults and I am fully aware of where I stand under the Consumer Rights Act 2015.


I had to spend  ££££ on repairs to make the vehicle roadworthy. I asked that you reimburse me the cost of these repairs within the next 14 days. 

If we cannot reach an amicable solution I will have no choice but issue court proceedings again you and report you to trading standards. 

This letter is being sent to you in accordance with the Pre-Action Protocol (“the Protocol”) contained within the Civil Procedure Rules (“CPR”). In particular, I refer you to paragraph 7 of the Protocol, and paragraphs 13 to 16 of the Practice Direction on Pre-Action Conduct and Protocols regarding the Court’s powers to impose sanctions for failing to comply with the provisions of the Protocol.

Should court proceedings be necessary I will claim the court issue fee and statutory interest. Should I succeed in obtaining a judgment, the same will be transferred to the High Court for enforcement against you whereby further costs will be added to the judgment sum.

I trust the above will not be necessary and I therefore look forward to hearing from you as a matter of urgency.

Yours sincerely,

(insert name)

Expert:  GabrielP428 replied 17 days ago.

It is a template, so you can amend it as you wish.

Customer: replied 17 days ago.
Thank you so much! Hope this is all it takes.
Expert:  GabrielP428 replied 17 days ago.

Thank you so much for using Just Answer. If you have further questions, please do feel free to ask them in this thread.

Customer: replied 5 days ago.
Hi Gabriel
I just wanted to say a big thank you for your help in resolving my case.
The letter I sent to cat dealer did the trick and I came out on top!
5 months of stress gone….
Thank you again and take care
Amanda x
Expert:  GabrielP428 replied 5 days ago.
Good morning Amanda. I am so happy to hear that.If you have any questions in the future, I will be more than happy to help again.