Getting a solicitor to help in a trade purchase?

JustAnotherSaver

I'm well aware this is going to sound like a stupid question to many but i've never dealt with getting a solicitor for anything other than a house purchase & even that was sorted through our IFA. I'm aware that different solicitors specialise in different areas but is there anything specific to look for in this case or is it a case of walking into any old solicitors on the high street & saying i'd like advice from someone?






Some of you will already be aware but the situation is car was bought which developed serious costly problems within days.
Some say that because the car isn't an 18 plate then you should expect it on a car of this age...tough luck but trading standards/citizens advice say this doesn't matter, there is still a case, still entitled to a refund under consumer rights act 2015 irrespective of the car being more than 6 months old.


Have been advised against just dropping the car off with keys & saying here have it back, along with the money that was paid for it so instead of win you're now win-win.




Letter was sent off via 1st class recorded to this garage as well as a garage inspection report from another garage confirming in writing all the major issues. A copy of all this has been retained.






Problem is - it hasn't been signed for. I suspect it's been refused as they knew it was coming. Or a failed delivery, card left & they're refusing to go pick it up.




I can see this going as far as needing some proper legal paid for advice so as stupid as i know it'll sound - how do you start with that? Like i say, do you go in to any old solicitors or is there something specific to look for?

waamo

Some local solicitors do a free half hour advice session. If you are considering a claim you shouldn't need a solicitor. The process is designed to discourage them.

First class post with proof of postage is best. This is assumed delivered unless the recipient can show it wasn't. That is a very difficult thing to do.

JustAnotherSaver

Right now i'm just trying to forward think and just be proactive. I'd like to know what to do next should the situation come to needing a solicitor.
Hopefully it doesn't.

waamo wrote: »

This is assumed delivered unless the recipient can show it wasn't.

It's assumed delivered even if there's no signature on the post office website?


In this situation the guy told my brother to "go through trading standards then". My brother said ok, what's your address as i need to send a letter out. Obviously the garage didn't respond but we got their address from the invoice in the end.


So he (the salesman) knew that a letter would be coming. I could be very wrong but i'm wondering if he just rejected it because then it 'never arrived', right?

waamo

First class post doesn't need a signature. You can get free proof of posting at a post office.

Owain_Moneysaver

If you feel it's worth getting a solicitor active in this area, search for consumer law or consumer rights and your location.

The Law Society has a 'find a solicitor' directory - select Personal -Consumer and Civil Rights.

Bear in mind that even if you win a case, you then have to collect the money.

Ectophile

Section 7 of the Interpretation Act 1978:-

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

https://www.legislation.gov.uk/ukpga/1978/30/section/7


Notice that this only applies to legal documents which need to be "served".

Money_maker

waamo wrote: »

First class post doesn't need a signature. You can get free proof of posting at a post office.

Probably best to send 2 copies with 2 proofs of posting from different post offices. Then it would be hard to dispute.

JustAnotherSaver

Well there's proof of, 1st class recorded, 1st class signed for. All these methods of postage and i wonder if some are basically just the same with different wording.


So the service that was used in this instance has a reference number XX#########XX where X=letter & #=number.

It states Address validated as N on the receipt and the method is "Signed for 1st".


If that helps any?


I know that it doesn't have to be signed for by the recipient. The postie could do it i suppose. I'm just saying with that letter there's no signature on the PO website.

Owain_Moneysaver wrote: »

Bear in mind that even if you win a case, you then have to collect the money.

This is something i'm very aware of.



Side topic - we had the potential to have a case against the previous owners of our house. In the end we weighed up that winning was one thing but getting the money was another & the risk wasn't worth it in the end.




Out of interest & back on topic - how does that work? Jumping the gun, say my brother wins & they should give him a refund. Can they just flat out refuse? Or is it the good old £1 per week for 1000 weeks scenario?

Car_54

But ....

If it was a trade purchase, as per the thread title, you have no rights under consumer protection legislation.

Carrot007

JustAnotherSaver wrote: »

Well there's proof of, 1st class recorded, 1st class signed for. All these methods of postage and i wonder if some are basically just the same with different wording.

So the service that was used in this instance has a reference number XX#########XX where X=letter & #=number.

It states Address validated as N on the receipt and the method is "Signed for 1st".


If that helps any?

Special delivery at £2.85 is the cheapest service to require siging. If you bought 1st class singed for then they might get a signiture if they can be bothered (you can claim the additional cost back if they fail), so is pointless.


And sending something signed for like this is also counter productive as it can be refused (though if you did not send special delivary it will have got there).


For important things I always send two copies! One sepcial delivery and one first class with proof of posting.


Nothing to say on your case though!

debtdebt

What is the value of the vehicle? Is it!!!8217;s less than £10k, the matter will be allocated to the Small Claims Track in which case costs will not be awarded even if you win. Are y I really prepared to spend circa £150 per hour to hire a solicitor to fight your case?

Would the money best be spent fixing the car?