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Letter before action query. (UK B2B Rights)
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ledge97
Posts: 42 Forumite
Hi, I'm hoping someone could shed a bit of light.
Back in November I purchased a van from a sole trader which soon after started to leak. Cut long story short, they had the van back to repair it, which didn't fix the problem, so I decided to send a 'breach of contract' letter under 'UK B2B Law' & 'Supply of goods and services act 1979'. This included 2 quotes from a third party garage to fix the leak and 14 days to respond. The response was 'If you get the work done I will not pay'.
They then when on to say 'I will repair it, but I don't have a premises at the moment, but your van will be the first van booked in'.
As they've been given sufficient time since failing to repair it the first time, and still haven't repaired it, I am left with no choice but to get the work done elsewhere. After speaking to citizens advice I was advised that the next step was to send a 'letter before action', but I couldn't have anyone do any work to the van i.e. third party garage, as he could argue that the van has been compromised.
This threw a bit of a spanner in the works as I need the leak fixed and it's relied on for my business. Also given that this could be a lengthy process, it doesn't really seem practical nor fair.
Whats your thoughts on this ? Can I still go ahead with the repair and recover the cost ? In my defense they failed to repair it the first time, they offered to repair it again but keep putting it off due to not having a premises or the appropriate equipment. I have sent them photos of the leak via email identifying the failing part, which they responded to, and all they've been doing is putting it off. Ultimately they've acknowledge the fault and have failed to repair it.
FYI - I created a post when this first started, which might give you a bit more context, but not sure how to add the link. If someone could advise on how to do this that would be much appreciated !
Back in November I purchased a van from a sole trader which soon after started to leak. Cut long story short, they had the van back to repair it, which didn't fix the problem, so I decided to send a 'breach of contract' letter under 'UK B2B Law' & 'Supply of goods and services act 1979'. This included 2 quotes from a third party garage to fix the leak and 14 days to respond. The response was 'If you get the work done I will not pay'.
They then when on to say 'I will repair it, but I don't have a premises at the moment, but your van will be the first van booked in'.
As they've been given sufficient time since failing to repair it the first time, and still haven't repaired it, I am left with no choice but to get the work done elsewhere. After speaking to citizens advice I was advised that the next step was to send a 'letter before action', but I couldn't have anyone do any work to the van i.e. third party garage, as he could argue that the van has been compromised.
This threw a bit of a spanner in the works as I need the leak fixed and it's relied on for my business. Also given that this could be a lengthy process, it doesn't really seem practical nor fair.
Whats your thoughts on this ? Can I still go ahead with the repair and recover the cost ? In my defense they failed to repair it the first time, they offered to repair it again but keep putting it off due to not having a premises or the appropriate equipment. I have sent them photos of the leak via email identifying the failing part, which they responded to, and all they've been doing is putting it off. Ultimately they've acknowledge the fault and have failed to repair it.
FYI - I created a post when this first started, which might give you a bit more context, but not sure how to add the link. If someone could advise on how to do this that would be much appreciated !
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Comments
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Here's your original thread: https://forums.moneysavingexpert.com/discussion/6432799/private-sale-for-van#latest
Best to add this latest text to that thread, to save having to answer the likely questions again.1
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