Letter Before Action, ignored by Dearlership and Finance HQ: What next

[Air]

Hello
Based on this post https://legalbeagles.info/forums/for...er-seen-before

I served the LBA, and called both dealership and Finance HQ, to alert them and, that my calls were recorded. After serving the LBA, I followed up 2 days letter to confirm receipt, (which the dealership alone confirmed) However the 14 days expired and no response, this is one of the top 5 global car manufacturers. And I have strong evidence for a top of the range luxury car, but was lied to repeatedly

I am advised, I can lodge a claim at the courts and recommended County Courts.


I have paid a total of about £18,000 for the PCP CONTRACT for the unwanted car and have very strong evidence for MISREPRESENTATION


MOVING FORWARD: Please advice

If possible and is it possible to get legal insurance, I rather go for a full blown courts, rather than restrict to county courts and £10,000. But not sure what steps next

many thanks
E



Areas of breach are based on

• (ii) The Consumer Rights Act 2015 additionally requires that goods delivered match any description made (including emails and verbal assurances) and be fit for purpose—clearly not in this case
  
  (ii) Consumer Protection from unfair trading regulations 2008 (CPRs)
• (iii) Misrepresentation ACT
• (iv) FCA Customer's journey - which was not adhered to

[echat11]

Hi Air

Welcome to LB

Have you got Legal Expenses insurance with any of your insurance products?

[Air]

I can't find out till Tuesday. As I changed motor insurance since the incidence occurred

But I have in my present insurance

Kindly advice on all options. It would be very much appreciated

Many thanks

[echat11]

I can't find out till Tuesday. As I changed motor insurance since the incidence occurred

But I have in my present insurance

Kindly advice on all options. It would be very much appreciated

Many thanks

Because of the amount involved and the complexity, it will be allocated to the 'Fast Track' where costs aren't limited,
so you open yourself to paying their costs if you lose the case. So the first thing to do is check the various insurance policies you have.
You could consider independent Mediation.

[Air]

So my sensible option is a small claims court under £10,000 ?

Aren't there insurance companies, that would assess the merits and offer cover ?

Just asking

Many thanks

[Air]

Also what is independent mediation and outcomes ? What if they refuse to participate?

[echat11]

So my sensible option is a small claims court under £10,000 ?

Aren't there insurance companies, that would assess the merits and offer cover ?

Just asking

Many thanks

a) So my sensible option is a small claims court under £10,000 ?

Costs in cases can 'spiral' out of control, so yes.

b) Aren't there insurance companies, that would assess the merits and offer cover ?

There are some, but you'd need to do some 'Googling'

[echat11]

Also what is independent mediation and outcomes ? What if they refuse to participate?

Find out if the car manufacturer is a member of a Dispute Resolution Scheme.
If they are members, it's unlikely they would refuse.

You also have The Motor Ombudsman.

[des8]

No Insurance company I know of will fund a Litigant in person on a Fast Track case.
The risk of procedural errors alone will put them off!
If you seek assistance from your insurers (if they offer legal expenses cover) they will have your claim assessed and if the assessment is less than 51% in your favour they will not help.
If it is in your favour they will appoint a solicitor from their panel.


If you don't have legal expenses insurance you should be looking for a solicitor who will work on a conditional fee arrangement (no win no fee)


To clarify your position can you confirm (i) the actual wording of your LBA (ii) that your claim is for misrepresentation.
The timeline of events e.g.(i) when purchased & what was misrepresented
(ii) when you realised there was a problem
(iii) when you first raised the matter with (i) dealer and (ii) finance house

PS it is not a good look to threaten (an LBA) and not follow up on it.

[Air]

Find out if the car manufacturer is a member of a Dispute Resolution Scheme.
If they are members, it's unlikely they would refuse.

You also have The Motor Ombudsman.

Yes,
CAB, adviced me to go to the MOS, Who held my complaint for 19 months and then said its financial in nature, so I must go to the FOS, who in turn, rejected it, as my complaint was beyond the 6 months window. I tried repeatedly to explain that their sister company delayed me, and was ignored

When the error, came to light, I asked to speak to management and was told, I cant, as no one will listen. So asked to complain and was refused

No Insurance company I know of will fund a Litigant in person on a Fast Track case.
The risk of procedural errors alone will put them off!
If you seek assistance from your insurers (if they offer legal expenses cover) they will have your claim assessed and if the assessment is less than 51% in your favour they will not help.
If it is in your favour they will appoint a solicitor from their panel.


If you don't have legal expenses insurance you should be looking for a solicitor who will work on a conditional fee arrangement (no win no fee)


To clarify your position can you confirm (i) the actual wording of your LBA (ii) that your claim is for misrepresentation.
The timeline of events e.g.(i) when purchased & what was misrepresented
(ii) when you realised there was a problem
(iii) when you first raised the matter with (i) dealer and (ii) finance house

PS it is not a good look to threaten (an LBA) and not follow up on it.

Yes, my LBA clearly stated, I was going to lodge legal proceedings against "UNACCEPTABLE PRACTICE" and cited both MisRepresentation and Consumers Rights Act and quoted 3 areas of law, (The above 2 and Consumer Protection from unfair trading) and a forth being FCA ( Financial Conduct Authorithy's) customer's journey.

(ii) when you realised there was a problem

I realized the problem 7 months into the PCP contract, as I was told to bring the 2nd hand car for a service, (When I was promised it had 12 months on it) they admitted it and apologised, but refused to rectify it

(iii) when you first raised the matter with (i) dealer and (ii) finance house

PS it is not a good look to threaten (an LBA) and not follow up on it.

7 months down the line, when the dealership admitted to mistakes, and refused to let me complain or speak to management CAB advised to raise it with the MOS, and HQ Finance, which I did

Yes I definitely intend to pursue it, too many lies, blunders and where made by both companies e.g. I was told there is no record of me asking for a brand new car, as I only came to purchase a 2nd hand car and now making demands for a brand new car and according to them UNREALISTIC DEMANDS, they also claim my paperwork and emails which have their letter head was generated outside their office on a website and was done by the sales rep, who they claim is a friend of mine 12 years running.

Quite daft

[Air]

MOVING FORWARD

If I opt for a small claims court and win £10,000. Is it possible to escalate it further e.g. lodge a complaint with head office globally with the outcome of wrong doing ?

Are there other options beyond it ? Not that I am being greedy, but very angry with the level of deception and treatment received

many thanks

[echat11]

MOVING FORWARD

If I opt for a small claims court and win £10,000. Is it possible to escalate it further e.g. lodge a complaint with head office globally with the outcome of wrong doing ?

Are there other options beyond it ? Not that I am being greedy, but very angry with the level of deception and treatment received

many thanks

Why don't you do the following now? Maybe they have more 'clout', then it's Regional H/O.

'lodge a complaint with head office globally with the outcome of wrong doing?'

It's always best to stick to one thread, simply because the information you provide gets 'disjointed', you'll find that the advice similarly becomes 'disjointed'.

[des8]

Like the solicitor you consulted earlier I cannot see what loss you have suffered

You purchased a second hand vehicle unseen, have used that vehicle for many months and now want to obtain a full refund.
The only misrepresentation pertaining to that sale is the matter of when it was due for a service.

You may have been induced to purchase that vehicle by promises to supply a new vehicle for your purchase sometime down the road.
That has failed to be delivered, but it has not cost you anything as you haven't paid for it.

This may have left you feeling let down, but hurt feelings (emotional distress) are not typically compensable in court without a specific legal wrong.

[Air]

Like the solicitor you consulted earlier I cannot see what loss you have suffered

You purchased a second hand vehicle unseen, have used that vehicle for many months and now want to obtain a full refund.
The only misrepresentation pertaining to that sale is the matter of when it was due for a service.

You may have been induced to purchase that vehicle by promises to supply a new vehicle for your purchase sometime down the road.
That has failed to be delivered, but it has not cost you anything as you haven't paid for it.

This may have left you feeling let down, but hurt feelings (emotional distress) are not typically compensable in court without a specific legal wrong.

No no no

I asked for a specific product, and was taken through a process and given confirmation my order was on its way, then told verbally and via email to take a temp product and they are happy to upgrade my contract. Later to be "NOT JUST DENIED", but said no such record of the first inquiry exists. All avenues to resolve it were denied.

From my research, there are 2 laws at play here, CONTRACT & CONSUMER law.

If found or proven guilty, both Consumer Protection from Unfair Trading Regulations and Misrepresentation are CRIMINAL OFFENCES by law. Hence we resort to the law, which clearly says we rescind the contract. Bear in mind, we are not dealing with a road side mechanic or a random dating website, I googled looking for love. This is one of the top 3 biggest luxury car companies globally, and the contract terms are based on the FCA regulations. Which has a customer's journey which must be adhered to

[des8]

if you are looking for a criminal conviction you need to bring a private prosecution in a magistrates court.

Up until now you have been discussing initiating a claim in the civil courts, where IMO on the information you have outlined here, you will fail..