Letter before action after Consumer Rights Action 2015 rejection letter

[ALI2024]

Hello, so this is a different issue to the thread on an ongoing claim where we have already got a court date (in case it gets confusing! We have had Bad luck on car dealers).

So in this case we have written a rejection letter (within 30 days) with a deadline of today. To no great surprise they haven't paid. We have now also initiated a section 75 claim with our credit card company. Having sent a rejection letter which the dealers have acknowledged but also given another excuse to not pay yet - do we also need to now do a "letter before action" giving them even longer to pay? They have had the car since 28th Feb, originally for the apparent intention of repairing it. On 6th March they told us it was repaired but that they were refusing to give it back to us. They told us they would refund, but on the 7th and 8th came up with excuses (needed the paperwork, director going on holiday etc). On 10th we did a rejection letter, sent by post and email so gave them 7 days from receipt to pay (ie today). We sent the documents (car manual, previous history, V5) by recorded delivery to their registered address (1.4 miles away from their forecourt) but they have now said that is their accountant's address and they can't possibly pick up the documents today or confirm they have got them in order to pay us. I am sure there will be more excuses tomorrow.

So would appreciate any advice. Our CRA rejection letter also includes a claim for items in the car that belong to us, and also including the insurance black box - as they refused to let us have access to OUR car once they had allegedly repaired it (all very dodgy I feel). Many thanks

[Pezza54]

IMO you should hold back on the LBA and court claim. You have started a S75 claim and a decision by credit card company should be a lot quicker than a court claim

If your claim is for over £10k it is likely to be allocated to the fast track. On this track there is a greater financial risk if you were to lose the case at the trial

If you are not satisfied with the ccc's decision you can refer your claim to the Financial Ombudsman, and if you are unhappy about their final decision you can start a court claim against the ccc and dealer, jointly or severally

[ALI2024]

IMO you should hold back on the LBA and court claim. You have started a S75 claim and a decision by credit card company should be a lot quicker than a court claim

If your claim is for over £10k it is likely to be allocated to the fast track. On this track there is a greater financial risk if you were to lose the case at the trial

If you are not satisfied with the ccc's decision you can refer your claim to the Financial Ombudsman, and if you are unhappy about their final decision you can start a court claim against the ccc and dealer, jointly or severally

Ok thanks. It is for less than £10k (just over £7k)