CRA 2015

[diecastdave]

I'll make this as short as poss. I bought a car from a motor trader. It developed a fault so car returned. Sent back no fault found. The same fault still there. Car returned, no fault found but mechanic at their workshop found it, fixed. Got car back. A few days later a major engine fault, car returned. I requested a full refund & it was well within 30 days. I was offered £4800 instead of £5099
The contract suggests if you don't sign, you are stuck with the car.
legalsolutions4u said the contract has been signed by both parties. My signature is the only one. The other has T.T. which is not a signature
The motor trader will always deny or refuse you your rights under the CRA 2015. LS4U say I signed a contract not to slag the trader off even though there is only one signature and they refused or denied my CRA 2015 rights. Am I correct pursing this through the courts to get my full refund. Citizens Advice have been helping me. They said the contract invalid.

All response is grateful. Thanks

[echat11]

What is the deduction for?

How did you pay for the car?

[DE DOGS]

Knowing your experience of Car XXXXXXXX, and the fact if you can afford to lose the £299 take the refund, but try and get him/her to increase the return payment, as taking this to Court will be a gamble, as they will avoid paying

[atticus]

"legalsolutions4u" do not advise consumers, but sell themselves as legal advisers to the motor trade: https://www.legalsolutions4u.co.uk/

[diecastdave]

I'll make this as short as poss. I bought a car from a motor trader. It developed a fault so car returned. Sent back no fault found. The same fault still there. Car returned, no fault found but mechanic at their workshop found it, fixed. Got car back. A few days later a major engine fault, car returned. I requested a full refund & it was well within 30 days. I was offered £4800 instead of £5099
The contract suggests if you don't sign, you are stuck with the car.
legalsolutions4u said the contract has been signed by both parties. My signature is the only one. The other has T.T. which is not a signature
The motor trader will always deny or refuse you your rights under the CRA 2015. LS4U say I signed a contract not to slag the trader off even though there is only one signature and they refused or denied my CRA 2015 rights. Am I correct pursing this through the courts to get my full refund. Citizens Advice have been helping me. They said the contract invalid.

All response is grateful. Thanks

Good morning dear member

The deduction was £99 for brake discs and pads fitted even though I have an email saying no cost to me.
£200 for mileage used @ 45p per mile. The little mileage I did totalled £124.65p. Jeff who dealt with my complaints said the £4800 is final & not up for discussion even though he knew the CRA 2015 has been broken because the vehicle was still within 30 days. Citizens Advice said the trader can not make deductions under the 30 day ruling and the CRA 2015 has been broken.
To get a refund you have to hand back the car/keys/docs then sign a contract saying you won't defame the company/hold them responsible. If you don't sign, you don't get the refund and you are stuck with the car.
The car was paid for by a Brother who paid by bank transfer. £4800 went back into his bank account. Because I am/was the owner I'm responsible for the Q's and A's regarding the trader. This came from Citizens Advice.
They said the contract is not a contract & my CRA 2015 rights have been refused by the trader.

legalsolutions4u have the trader as a client and sent me a number of emails. They said the contract is legally binding and has been signed by both parties. It has just my signature dated 15/07/2024
The other just has T.T. and has been pre dated 16/07/24 which is illegal.
I have all emails sent and and received. legalsolutions4u have urged me to seek legal advice. They don't want me to go to court, especially when they didn't turn up on a case. They are not solicitors and only use what legal practice they know. It belongs to 2 people, one is Sophie Chalke T/A & Malcolm Graham who was struck off the SRA and also, the courts banned him from directorship. legalsolutions said they are not a company.

All help is gratefully appreciated.

[Tremarl]

Good morning dear member

The deduction was £99 for brake discs and pads fitted even though I have an email saying no cost to me.
£200 for mileage used @ 45p per mile. The little mileage I did totalled £124.65p. Jeff who dealt with my complaints said the £4800 is final & not up for discussion even though he knew the CRA 2015 has been broken because the vehicle was still within 30 days. Citizens Advice said the trader can not make deductions under the 30 day ruling and the CRA 2015 has been broken.
To get a refund you have to hand back the car/keys/docs then sign a contract saying you won't defame the company/hold them responsible. If you don't sign, you don't get the refund and you are stuck with the car.
The car was paid for by a Brother who paid by bank transfer. £4800 went back into his bank account. Because I am/was the owner I'm responsible for the Q's and A's regarding the trader. This came from Citizens Advice.
They said the contract is not a contract & my CRA 2015 rights have been refused by the trader.

legalsolutions4u have the trader as a client and sent me a number of emails. They said the contract is legally binding and has been signed by both parties. It has just my signature dated 15/07/2024
The other just has T.T. and has been pre dated 16/07/24 which is illegal.
I have all emails sent and and received. legalsolutions4u have urged me to seek legal advice. They don't want me to go to court, especially when they didn't turn up on a case. They are not solicitors and only use what legal practice they know. It belongs to 2 people, one is Sophie Chalke T/A & Malcolm Graham who was struck off the SRA and also, the courts banned him from directorship. legalsolutions said they are not a company.

All help is gratefully appreciated.

Sorry this is getting confusing. If legalsolutions4you does not have a licensed individual in the practice, and is selling legal services they are breaking the law. You should report this to the SRA.


There was a previous thread in this forum where someone won after serving papers on legalsolutions4you, and court procedure wasn't followed, might be worth checking that out, as it seems they are acting apparently on behalf of the defendant, even though they have no legal standing to do so.


In regards to the law on debt, its probably best to get legal advise. The general rule is that you cannot agree to remove your debt without some sort of consideration. I.E If I tell you pay me cash now of X and your debt is resolved, then you pay me cash of X, but still have Y amount remaining, I can still pursue that Y, despite my statement. The only exception afaik is promissory estoppel.

The contract itself is only binding if there is consideration, and so there is an outstanding question whether paying of an existing debt is consideration. They might argue that the refund itself was the consideration. So it gets a bit complicated in that sense. As this is not a straight debt case.

Certain rights in the CRA you cannot contract out of. So there is also an argument whether this contract is seeking to contract you out of your statutory rights.

[diecastdave]

Sorry this is getting confusing. If legalsolutions4you does not have a licensed individual in the practice, and is selling legal services they are breaking the law. You should report this to the SRA.


There was a previous thread in this forum where someone won after serving papers on legalsolutions4you, and court procedure wasn't followed, might be worth checking that out, as it seems they are acting apparently on behalf of the defendant, even though they have no legal standing to do so.


In regards to the law on debt, its probably best to get legal advise. The general rule is that you cannot agree to remove your debt without some sort of consideration. I.E If I tell you pay me cash now of X and your debt is resolved, then you pay me cash of X, but still have Y amount remaining, I can still pursue that Y, despite my statement. The only exception afaik is promissory estoppel.

The contract itself is only binding if there is consideration, and so there is an outstanding question whether paying of an existing debt is consideration. They might argue that the refund itself was the consideration. So it gets a bit complicated in that sense. As this is not a straight debt case.

Certain rights in the CRA you cannot contract out of. So there is also an argument whether this contract is seeking to contract you out of your statutory rights.

Hi Tremarl

Please accept my sincere apologies for not replying so soon. legalsolutions4u.co.uk is owned by the people I mentioned in my post. One of the owners is a corrupt lawyer or barrister who was struck off by the SRA.
I contacted Annie Wilson who uses legalsolutions4u asking her what role she plays. She declined to tell me what her role is in the company.
She told me that the company is not a company or business or a firm but that it's "a partnership" between two owners or shareholders and does not need to be company house registered or SRA registered. The partnership is not a firm or business but they claim to be legal advisors to the motor trade. Annie Wilson sent me an email recently saying that she is no longer representing the defendant. She mentions legalsolutions4u as a "firm"
I have stared court action against the defendant Finance Car Shop Limited.
Going back to the so called contract that I signed. The way is written shows that before the trader takes back the car, a contract has to be signed which shows that if the contract is not signed, the trader won't take the car back. There is no option. I looked on the gov website for what constitutes a contract being signed under duress and was pleased to find that the contract WAS signed under duress. The refund offered has to be accepted and the contract has to be signed.The defendany declined to become a member of Alternative Dispute Resolution but so many months later, requested a mediation meeting. Annie Wilson decided to talk to the mediator representing me. FCSL offered me £75 as a good will gesture. When I was offered £4800 I was told its "a final offer and is not up for discussion" I wasn't offered a previous offer, it was a final offer.