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djpleasure
djpleasure Posts: 193 Forumite
Part of the Furniture 100 Posts Combo Breaker
edited 6 January 2021 at 11:40PM in Consumer rights
. Deleted, My friend did get to view subject and was offended by the needless comment on his ability to drive, so that person, well done
It appears williamgriffin is venomous on most his replies

Comments

  • Aylesbury_Duck
    Aylesbury_Duck Posts: 16,286 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Firstly, given the complexity of the overall situation (your friend's health as well as the consumer rights matter), he may benefit from getting some proper legal advice.

    But to answer the question of compensation, he should claim for his quantifiable losses.  That doesn't include a "compensation" figure he might come up with for stress, for example.  What are his actual, out of pocket costs?  He should be claiming for those.
  • As it as it stands the friend doesn't sound fit enough to be driving. 
  • Sandtree
    Sandtree Posts: 10,628 Forumite
    10,000 Posts Fourth Anniversary Name Dropper
    If the problem is with a car why has he not been to the motor ombudsman? The Motor Ombudsman | Motor Industry Codes of Practice

    The ombudsman is fee free and at no risk to them. I have to say of all the ombudsmans I've dealt with in the past they were by far the best. Within 48 hours of submitting my complaint about Mercedes and delamination on my alloys I had a call from Mercedes with an appointment to replace all 4 wheels free of charge (my suggestion to the ombudsman was I'd make a £400 contribution as there was also some damage caused by me in addition to the delamination area in other areas).

    No Win, No Fee doesnt require legal cover, indeed its intended for cases where you don't have cover, but conditional funding basically requires you to be a Fast Track case or above and unless they are claiming an injury the minimum for non-injury is £10,000 and so sounds like the claim is well below the limit.

    Obviously if they are wanting to claim an injury (in terms of mental health) then that means it does have to go the legal route and it gets a lot more complex in terms of needing to have medical evidence etc plus opens you up to having to pay the other sides legal costs if you fail in your case.
  • steampowered
    steampowered Posts: 6,176 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 6 January 2021 at 11:31AM
    You generally cannot claim for "stress" and "time wasted".

    You can only claim for that where the purpose of the contract was pleasure - for example, a contract for a holiday. You cannot claim for this in the context of a contract for a product, such as a car. Unless you can demonstrate clear quantifiable financial loss. 

    Did your friend buy the car directly from the manufacturer? If not, he might find that his contract was with the retailer - not with the manufacturer - in which case a claim against the manufacturer might be difficult.


  • pinkshoes
    pinkshoes Posts: 20,656 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    The MH details are irrelevant. We need some facts...

    When was the car bought?
    How much was paid for it?
    What car is it? (make, model, age)
    When did it fail? (how long had he owned it and what mileage had been done?)
    What is specifically wrong with it?
    What has been done so far to try and sort it?

    I bought a second hand Renault from a dealer that had faulty aircon. The fobbed me off for 2 years with testing and 'fixes' but in the end I had enough written evidence to show they knew about the problem from purchase and sent them a letter before action asking them to fix it or pay for it to be fixed elsewhere. They backed down and headquarters footed half the bill and the dealership the other half.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • What is your friend's problem with the car?  If the underlying issue is a consumer rights' one, then he needs to be addressing it to the dealer who sold him the car, not the manufacturer.  But if it's an issue about the (non-)application of a manufacturer's warranty, then he needs to take it up with the manufacturer - but remember, any warranty rights are over and above any consumer protection and are strictly defined by the terms of the warranty - and the manufacturer will understand those terms better than your friend will.

    So is he sure he's suing the right defendant for the right thing?

    He can only claim damages for losses/expenses directly attributable to the "faults" he is suing about.  Any costs awarded for "time wasted" will be minimal, if any, and he can't claim for stress etc.
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