Tri Party contracts/advice needed.

[steveeasy]

Hi Des8,
Ok ive filled in the N1 form all done ready to send off. big question. Am I actually claiming money?. I am claiming breach of contract in not supplying goods in a satisfactory condition CRA 2015 and my right to reject those goods. So I am asking the court make the finance company to take back the goods and end the agreement and repay interest charged since 18th November 2022 when I formally rejected the car. is that correct?

I cant claim tre money back as ive not paid it yet. the amount charged was 4995 less deposit of 200 paid to dealer.

What would you suggest.

Many Thanks
steveeasy

[des8]

So you seek rescission of the contract including return of your £200 deposit. , plus any other costs you have incurred (don't ask doesn't get!)

[steveeasy]

So you seek rescission of the contract including return of your £200 deposit. , plus any other costs you have incurred (don't ask doesn't get!)

Des8,
Well that makes it sound simple. makes the fee low too.
many Thanks
steveeasy

[des8]

Sorry, having suggested rescission I woke in the night and thought "that could be wrong".

Just glanced back and see that you bought the car in October and so have probably affirmed the contract.
So back to claiming for breach of contract

Just wondering how having bought the vehicle you have only paid £200 deposit but not paid the finance company anything? (BNPL?)

[steveeasy]

Sorry, having suggested rescission I woke in the night and thought "that could be wrong".

Just glanced back and see that you bought the car in October and so have probably affirmed the contract.
So back to claiming for breach of contract

Just wondering how having bought the vehicle you have only paid £200 deposit but not paid the finance company anything? (BNPL?)

Hi Des8,
the price of the car was 4995. 200 deposit. 48 payments of 138. I pay every month for it as im obliged to do.

Ive detailed what happened. the 3 faults at time of purchase. returned car twice dealer refused to hear fault. I wrote to him twice asking for details of warranty. then on the 18th November wrote to the garage and finance company rejecting the vehicle. they both ignored my rejection.

When ithe engine failed. the dealer refused to even look at it. told the AA there was no warranty. but there was. the finance company did not tell the inspection engineer of the earlier faults. but told the engineer i continued to drive the vehicle for 500 miles with the oil light on.


So as I understand it the 2015 act says goods should be of a satisfactory quality.
the car was sold with a bodged exhaust/catylitic converter. chopped with an old exhaust inserted. a coolant hose made out of brake pipe and a faulty engine noise..

I gave him two opportunities to fix it. he did not. then he refused to provide details of warranty.

so as I understand it I as the act sets out rejected the car. they did not respond. I am therefore refering to my rights within the consumer act. I Appreciate they are at liberty to not agree to my rejection. I am at liberty to pursue them by useing the court to overturn thier decision by providing evidence the goods were unsatisfactory. and that I provided written letters to both parties within the 30 days rejecting the car. Ive also referred to the CRA regarding warranty. as the dealer breached the act regarding this.

So ive refered to the CRA 2015
2015 Consumer rights act.

2015 Consumer rights act. Goods to be of satisfactory quality


(1)Every contract to supply goods is to be treated as including a term that the quality of the goods is satisfactory.
20Right to reject


(1)The short-term right to reject is subject to section 22.

(2)The final right to reject is subject to section 24.
Section 30Goods under guarantee


(1)This section applies where—

(a)there is a contract to supply goods, and

(b)there is a guarantee in relation to the goods.

(2)“Guarantee” here means an undertaking to the consumer given without extra charge by a person acting in the course of the person’s business (the “guarantor”) that, if the goods do not meet the specifications set out in the guarantee statement or in any associated advertising—

(a)the consumer will be reimbursed for the price paid for the goods, or

(b)the goods will be repaired, replaced or handled in any way.

(3)The guarantee takes effect, at the time the goods are delivered, as a contractual obligation owed by the guarantor under the conditions set out in the guarantee statement and in any associated advertising.

(4)The guarantor must ensure that—

(a)the guarantee sets out in plain and intelligible language the contents of the guarantee and the essential particulars for making claims under the guarantee,


Consumer credit act 1974
75Liability of creditor for breaches by supplier.
(1)If the debtor under a debtor-creditor-supplier agreement falling within section 12(b) or (c) has, in relation to a transaction financed by the agreement, any claim against the supplier in respect of a misrepresentation or breach of contract, he shall have a like claim against the creditor, who, with the supplier, shall accordingly be jointly and severally liable to the debtor


Thank you
steveeasy

[des8]

Just to be clear:
You have paid £200 deposit plus £138 for x months.
This is the amount you claim, plus any other costs directly caused by the breach of contract

[steveeasy]

Hi Des8
yes that is correct.

steveeasy

[steveeasy]

Hi

ok understood. That’s the amount to claim. Breach of contract in daily to supply goods of satisfactory standard.

I’ll get it submitted.

regardless of outcome can I thank you for your assistance. Will update in due course.

Steveeasy

[steveeasy]

Hi Des8
Just one final dumb question.Breach of contract. Which contract.? Is it a contract constructed by the Consumer rights Act ? Oh or is it the contract with finance company?. Its I probally need to really understand which contract they have breached in my own mind

Steveeasy

[des8]

Your contract is with the finance company to supply a vehicle which has to be satisfactory.
That is a statutory requirement.
The contract was breached when they supplied an unsatisfactory vehicle.

[steveeasy]

At last some progress. The court has at long last now sent out summons to both defendants Close Brothers have offered me compensation of £150 for not responding for months to my complaint.

The process continues.

Steveeasy

[des8]

We knew the courts had a backlog which now appears to be 6 months


Close Brothers aren't noted for giving away money, so bank it quickly??

[steveeasy]

Hi Des8,
thought id let you that Lawgistics have messaged my giving notice they are representing the first defendant (the Dealer) for acknowledgement of service and notice of acting.

I recall they would not accept service and you made me aware they were unable too. Are they therefore allowed to act /represent dealer in court. They intend to defend the claim in full. Makes no difference to me as I am completely confident in my claim but it is interesting they could not accept service but now are representing their client.

I refused Close Brothers offer of compensation for not responding at all. Good evidence they have ignored all my correspondence since November 2022 including pre action letters sent by recorded del in Feb 2023.

Steveeasy

[des8]

As mentioned earlier Lawgistics themselves are not registered with the SRA and so cannot act for third parties.
However they do have two people working for them who are regulated solicitors, and i suppose one of them is the actual representative

[steveeasy]

Hi Des8,
Thanks for the information. Being picky. They say we Ie Law logistics are the people acting. So I wonder can an employee that is working FOR Lawlogistics represent them working for the defendant, when the firm as you say is not registered. Seams a bit odd. Should the firm not be registered then would not the individual have to represent thier client. if this the case would he not need to serve notice not lawlogistics. the notice implies its law logistics.

Steveeasy