Refund for faulty Van

[DaveSpeedy]

Thank you all for your reply .
in the letter I requested my refund to be paid within 14 days, should I reply to the their letter saying that the van has already been rejected and inspected as they requested and that their client has 14 days from receiving the before court action letter to pay the refund if this is not received court claim will be actioned

[des8]

I would not get involved playing letter tennis with Legal Solutions.

Just reiterate you have sent a LBA which stands.

[DaveSpeedy]

Dear all
I've received this reply can you please advise me on this.

Thank you for your email. You will be aware from your discussions with Trading Standards that the parties are obliged to try and resolve the issue without the need for litigation. We strongly suggest that you seek legal advice on your position and obstruction to refuse our client the right to get the vehicle inspected.

We respectfully point out that your report from Evans Halshaw is not deemed independent despite your assertion. Should you refuse to permit an independent inspection then upon the issuing of legal proceedings our Client has advised that they will request of the court that the parties are given permission for an independent inspection. It is highly probable that the court would insist on an independent inspection in any event and the parties would be bound by the outcome of the inspection. Your report from Evans Halshaw is not deemed independent.

In order to get to the above juncture is going to take circa 4 months and costs will be incurred by both parties. We are trying to avoid the need for litigation hence our suggestion.

Should you refuse the above resolution then our client reserves the right to raise the above issue to the court in any application for costs to demonstrate your obstructive behaviour.

[echat11]

Dear all
I've received this reply can you please advise me on this.

Thank you for your email. You will be aware from your discussions with Trading Standards that the parties are obliged to try and resolve the issue without the need for litigation. We strongly suggest that you seek legal advice on your position and obstruction to refuse our client the right to get the vehicle inspected.

We respectfully point out that your report from Evans Halshaw is not deemed independent despite your assertion. Should you refuse to permit an independent inspection then upon the issuing of legal proceedings our Client has advised that they will request of the court that the parties are given permission for an independent inspection. It is highly probable that the court would insist on an independent inspection in any event and the parties would be bound by the outcome of the inspection. Your report from Evans Halshaw is not deemed independent.

In order to get to the above juncture is going to take circa 4 months and costs will be incurred by both parties. We are trying to avoid the need for litigation hence our suggestion.

Should you refuse the above resolution then our client reserves the right to raise the above issue to the court in any application for costs to demonstrate your obstructive behaviour.

Have you got access to Google Reviews?

Just enter Legal Solutions4u into Google, on the lefthand side you have reviews, you only need to read the first one, to see they are 'jokers'.

They've had the opportunity to inspect the van, where instead of inspecting (they tried to fix it), they then said you need to get it inspected independently, which you've done. Now they want to inspect it again, which is nonsense. The Court will focus on the Evans Halshaw report.

[Pezza54]

How much did you pay for the van? If over £10k your claim is likely to be allocated to the fast track.

Have you got legal expenses insurance included with your motor vehicle insurance?
RAC's Legal Care Plus insurance covers legal costs if the customer needs a solicitor to claim against a car dealer or garage

[des8]

You sent an LBA and should follow that up.

You originally rejected the vehicle back in December and have been played like a fish ever since.

Tell L4U that you are content with the independent report, that their client has failed to satisfactorily repair the vehicle and you are now initiating court action

[Pezza54]

How much did you pay for the van? If over £10k your claim is likely to be allocated to the fast track.

Have you got legal expenses insurance included with your motor vehicle insurance?
RAC's Legal Care Plus insurance covers legal costs if the customer needs a solicitor to claim against a car dealer or garage

The booklet for this policy does state the customer is covered during the term of the policy when buying a non-commercial vehicle and the dealer or garage is in breach of the agreement. The appointed solicitor has to decide the claim has more than 51% chance of success before proceeding

[DaveSpeedy]

Thank you all for your help

[echat11]

Thank you all for your help

What you need to do, is get a chronology of events (dates / events, easy to follow).

[DaveSpeedy]

Hello everyone.

Many thanks again to you all.
I paid £8799 for the van, I've checked but don't have legal expenses included.
I'm a retired member of unison so I'll contact them to sort out a solicitor for court action, it's beyond a joke so I don't mind having to pay to get money back.

Just one more question how do I take court action?

[echat11]

Hello everyone.

Many thanks again to you all.
I paid £8799 for the van, I've checked but don't have legal expenses included.
I'm a retired member of unison so I'll contact them to sort out a solicitor for court action, it's beyond a joke so I don't mind having to pay to get money back.

Just one more question how do I take court action?

It's not as daunting as you might perceive, many threads where claimants have litigated in person -

https://legalbeagles.info/forums/for...erson-handbook

[des8]

Hello everyone.

Many thanks again to you all.
I paid £8799 for the van, I've checked but don't have legal expenses included.
I'm a retired member of unison so I'll contact them to sort out a solicitor for court action, it's beyond a joke so I don't mind having to pay to get money back.

Just one more question how do I take court action?

You might find the solicitors costs will outweigh any award the court makes,
Costs awarded on the small claims track are very limited and will not include the majority of a solicitor's charges

A guide to the sort of claim you will be making can be found here: https://www.judiciary.uk/wp-content/...+web+FINAL.pdf

[DaveSpeedy]

Good morning to you all
Just to keep you updated.
I've gone through the mediation process and have accepted £8000. They offered £7200. I've dropped the van off and I'm awaiting my refund if no refund is received I informed them that I would be resuming court action for the full amount of my original claim.
I'll keep you posted I expect them to wait for the 14 day period to end before they payout

[Pezza54]

That's good news
Thanks for updating the forum
Hope the dealer is true to his word

[DaveSpeedy]

Yes So do I.