Faults on car

[des8]

CRA 2015 sec19 (9) (10) (11) is only saying that because the act gives consumers certain rights, it does not prevent the consumer also claiming damages.
The consumer can claim damages because the contract has been breached and so caused the consumer extra costs (ie damages)

Don't suppose she is in a rush to return delivery charge! at least that part of her costs has been refunded, even if accidentally!

[Bomber99]

Hello DES8

my daughter received a letter from the dealerships solicitors (legal solutions 4u) They have chosen certain parts of her damages claim to reject but no mention of the other parts of the damages she is claiming as she presumes they will have to pay these. Ie because they refused to return the car after repair as per your post 21

their letter concludes, Our client has actually refunded you more than you were entitled to as they did not make a mileage deduction as per s24(8) cra 2015 and have refunded you the delivery fee which our client does not believe that you were entitled to recover. In any event our client has no liability to refund you any additional costs.
So are they entitled to a refund of the cost of delivery when the car was delivered with faults present. If they are entitled to this money back she will refund them.

just a point on the delivery charge before it was agreed to send the car back up to them they did offer a full refund and the return of the delivery charge ( which they felt was only fair) if my daughter rejected the car on that specific day. This was all mentioned either by email or WhatsApp

thanks
bomber99

[des8]

Legal solutions 4U are not solicitors (or they weren't last time we crossed swords!)

You could ignore them, or write (copy in the dealer) first class post with free certificate of posting from PO) pointing out that your daughter was sold an unsatisfactory car.
Also add the short term right to reject was used the dealer is not able to make a deduction for usage as CRA 2015 sec 24 (8) applies to final right to reject.
You could also tell them that as you are claiming damages for breach of contract, that would include delivery charge (which in any case the dealer had agreed to in email dd/mm)
Warn them that if they don't respond in a positive manner you will be initiating court action without further reference to them to recover all your losses.

You will get back a letter written with a view to delay matters.
They try to talk the claimants into dropping any claim, so I would not enter into any lengthy letter tennis with them


Meant to add that their owner (malcolm Graham) was a one time solicitor convicted of fraud!

[Bomber99]

Hi DES8

thank you for the info.

we’ve been on companies house and can’t find them on there but probably looking in the wrong place lol

I noticed that legal solutions 4u limited was dissolved in March 2020

At the bottom of the letter my daughter received and in the small print was; legalsolutions4u is a partnership. The partners are Malcolm Graham &Steph Chalk ltd Legal Consultants to the motor trade vat No ******
so I presume this is the same Malcolm Graham you are talking about. He is now a consultant not a solicitor. Are they as consultant under any regularity body.

bomber99

[des8]

Legal solutions for you is no longer a limited company and will not be listed at Companies house.
It is a partnership between the two people.
"Consultant" one who provides expert advice professionally ie they charge but are not regulated
But would you trust advice from a convicted fraudster who is a struck off solicitor (https://www.lawgazette.co.uk/news/fr...053994.article)

That means you should be prepared to see that what he writes on behalf of his clients is not necessarily to be taken too seriously.