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JimLawyer
JimLawyer, Solicitor
Category: Scots Law
Satisfied Customers: 9148
Experience:  Senior Associate Solicitor
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Can I add additional damages for inconvenience to a small

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Can I add additional damages for inconvenience to a small claims action under consumer rights act 2015 (claim not yet submitted) that were not shown on the pre court Letter of Claim sent to the defendant? Or would I have to send a further letter of claim?
JA: Because consumer protection law varies from place to place, can you tell me where this is?
Customer: England
JA: What steps have you taken so far?
Customer: Have been negotiating with the car dealer to repair a car for over 12 months but refuses to act. Trading Standards have confirmed my rights have been denied.Car is unroadworthy due to defects beiing covered up. Car has been off road since Oct 2018. Dealer has had formal letter of complaint and a pre court letter served. He came back with an unquantifiable offer that was not acceptable
JA: Anything else you want the Lawyer to know before I connect you?
Customer: Sorry car purchased Oct 18, defect discovered and reported to dealer April 19 - severe corrosion. Car off road Oct 2019 (nt 18 as stated before) when it failed MOT

Hello, I’m Jim, a dual-qualified lawyer (UK & Republic of Ireland) and happy to help you today.

Yes, you would need a revised letter of claim so that the defendant knows the case it has to meet. The courts view litigation as a last resort, so you need to detail a concise summary of the dispute and all heads of claim - if you simply issue a claim now and it's for more than the initial sum then the court is likely to penalise you in costs and your conduct may be brought in to question too, so is a risky strategy.

I have uploaded a template which you can use in case you need one. If they still refuse to reimburse then you can start a claim at http://www.moneyclaim.gov.uk assiming both yourself and the defendant reside in England & Wales (not Scotland).

I hope this helps? If I have answered the question would you kindly leave me a 5 star rating (at the top of your screen), any follow up questions are welcomed.

Many thanks,

Jim

Customer: replied 10 days ago.
Thank you it is what I thought, little point in adding further costs now. have been battling with this dealer for over 12 months. He made one offer to settle but it was not for a quantifiable amount and he wanted car back before making any offer!, my claim is to have it repaired. Sending paper docs to County Court Money Claim centre Salford. I know i have to send a copy for court and one for defendant but how do I get a case number ***** do they allocate that on receipt? As you will see the supporting evidence is 70 pages so I assume its best to Bind that to gather? many thanks steve

Yes, the court will issue the claim and allocate a claim number - it then stamps the documents with that number and they serve the defendant with the papers. The defendant then has 14 days to acknowledge proceedings and if they do, another 14 days to file a defence. Yes, you can bind them together and send by recorded delivery. you could choose not to attach the evidence now - the N1 is fine to issue the claim - the court will give you a date to submit evidence in due course.

Customer: replied 10 days ago.
Presume that makes it easier to put the case number ***** each page if I delay it. If sending the evidence separately does one go to court and one to defendant or both to court?

Hi, they only put the case number ***** the front of the N1 claim form. When you issue, 3 copies go to the court - they keep one, they send one to you duly stamped, and they serve one on the defendant.

JimLawyer and 2 other Scots Law Specialists are ready to help you
Customer: replied 10 days ago.
Thank you again for confirming what were a few niggling queries, at times there is far too much on the internet as you end up with conflicting advice! This has made it much clearer as to how to proceed. Thank you again and stay safe in these difficult times. Now the fun begins!

No problem, thank you and same to you!

Customer: replied 7 days ago.
Small claims action posted today!

Thanks, ***** ***** informed.