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Stuart J
Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23481
Experience:  Senior Partner at Berkson Wallace
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Ma. Have attached a letter that I received from council few

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Good Day Sir/Ma. Have attached a letter that I received from council few days ago. I had a get together few weeks ago. A neighbour at number*****contacted me that the music was loud but it wasn’t. I still listened and turned it down. She still called the police that same day and when they came nothing happened and the officer left. To my surprise I received letter from the council which I attached to this email. I will like to address the council in a professional manner that I didn’t commit any noise nuisance or whatsoever that the lady is just been mean and also she just moved into her property this year and have lived here a year and few months and have never had encounter with anyone.Secondly, Me and my partner got a car from Mercedes 3 years ago. The very first year the car worked fantastically. The second year was a bit ok no major issue but for the past few months now we’ve been in and out of Mercedes workshop. As at now our car is still with them and my wife can’t go to work so I need to cancel my shift to take her. This is ridiculous to buy a brand new car and having issues every week. I want to write both the retailer and the manufacturer in a professional way to express my grief.I await your swift reply.ThanksOluwasesan
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Customer: replied 7 days ago.
I will wait for an expert but I need the answer urgently please. Thanks

Customer services have asked me to look at this for you.

Has there been any history between you and the person complained in the past or is this a one-off?

Customer: replied 7 days ago.
Is one-off and I need to reply to the council in a professional manner to let them know I didn’t do it on purpose also issue with my Mercedes car too pls

I can see no point in having an argument about this

This how about something along the following lines,

Dear Sirs

Re: EPA 1990.

Alleged Noise Nuisance at ADDRESS

Thank you for your letter of 28 April 2021, the contents of which are noted.

There is no ongoing noise at the property.

A neighbour complained that the noise was loud but it actually wasn’t.  Nonetheless, it was turned down.  Nonetheless, she called the police visited and agreed but there was no cause for complaint.  The police will no doubt confirm, if you contact them.

Under the circumstances I am extremely surprised to receive your letter.

Neither you nor the complainant have any cause for further complaint or action.

I trust that this is the end of the matter.

Yours faithfully

As you appreciate, the issue with the car could not be more different and it should really be posted as a separate question.

The manufacturer has no liability and it all comes down onto the toe of the dealer.  Goods have to be as described, fit for purpose, and of satisfactory quality under the provisions of the Consumer Rights Act and need to be so for up to 6 years under the provisions of the Limitation Act 1980.  I emphasise “up to” six years.

The onus after the first 6 months is on the buyer to prove that the fault existed at the time of the sale.

I can tell you now that writing to the dealer, from experience, is going to be a waste of time.  Your remedy is to pay to get it fixed and take them to the Small Claims Court.

However you do have to write to them first in ordinary plain English in exactly the same way you’ve written to me, telling them that unless this is resolved, the whole matter is going to end up in court and you would rather not have that problem.

Thank you for letting me assist you with your legal question.  I am glad that I was able to help.

I am not certain whether that answers the question for you or not, but I am happy to answer any specific points arising from this.

It will be my pleasure to help you again either further with this or any future questions you have

Kind regards

Stuart J, Property Solicitor
Category: Property Law
Satisfied Customers: 23481
Experience: Senior Partner at Berkson Wallace
Stuart J and other Property Law Specialists are ready to help you
Customer: replied 7 days ago.
I will do exactly that. Thanks