How Strictly Worded Does a Pre-Court Letter Have to Be

welshman1948

I am on the point of submitting a Claim in the Small Claims Court (not MCOL) but I want to be sure that it doesn't get thrown out because my email to the Defendant is not worded exactly like the template letter I was sent by the CAB.
I have formally and explicitly rejected the product after 30 days, as being mis-sold, citing the Consumer Rights Act 2015, the Supply of Goods and Services Act 1982, and Sale of goods Act 1979. The supplier has contested that the product is faulty. I have given them, by email, in my own words, 7 days to remove the goods, which notice expired on 19th April.
Should I start again using the CAB format, or allow a further 7 days to pass before filing the Claim, or just carry on getting the Claim to Court?

PHK

A scattergun approach to quoting legislation is unlikely to work. 

Please can we see the draft of the letter (minus any personal details)?

eskbanker

welshman1948 said:

I have formally and explicitly rejected the product after 30 days, as being mis-sold, citing the Consumer Rights Act 2015, the Supply of Goods and Services Act 1982, and Sale of goods Act 1979.

Which of these uses the term "mis-sold", and what exactly did you mean by it?

DullGreyGuy

welshman1948 said:

I am on the point of submitting a Claim in the Small Claims Court (not MCOL) but I want to be sure that it doesn't get thrown out because my email to the Defendant is not worded exactly like the template letter I was sent by the CAB.
I have formally and explicitly rejected the product after 30 days, as being mis-sold, citing the Consumer Rights Act 2015, the Supply of Goods and Services Act 1982, and Sale of goods Act 1979. The supplier has contested that the product is faulty. I have given them, by email, in my own words, 7 days to remove the goods, which notice expired on 19th April.
Should I start again using the CAB format, or allow a further 7 days to pass before filing the Claim, or just carry on getting the Claim to Court?

A claim won't be thrown out for not following the CPR however you risk if the court awards fees and in the worst offences the court can award the defendants costs against you even if you win the case. The CPR doesn't have a template letter to use but requires various reasonable things like its clear what the hell you are talking about and you've given them reasonable time to put it right etc.


The SoGA for consumers was basically replaced by the CRA, the SoGA still stands in certain circumstances for small businesses. It's therefore unlikely you, S1(5) of SoGA now reads that if CRA applies SoGA doesn't, to paraphrase. 

Unless you really understand the law its better not to quote it else you are likely to be torn a new one as pseudo legalese is easy to shown to be wrong which immediately makes people think the rest of the argument is equally wrong. One of the key reasons why I dislike the template letters on this site.

welshman1948

PHK said:

A scattergun approach to quoting legislation is unlikely to work. 

Please can we see the draft of the letter (minus any personal details)?

Thanks for your interest, and your note of caution. I am wary of posting my Rejection email, and equally wary that you might be a thinly disguised law firm looking for a fee; apologies if I am being over cynical.

welshman1948

DullGreyGuy said:

welshman1948 said:

I am on the point of submitting a Claim in the Small Claims Court (not MCOL) but I want to be sure that it doesn't get thrown out because my email to the Defendant is not worded exactly like the template letter I was sent by the CAB.
I have formally and explicitly rejected the product after 30 days, as being mis-sold, citing the Consumer Rights Act 2015, the Supply of Goods and Services Act 1982, and Sale of goods Act 1979. The supplier has contested that the product is faulty. I have given them, by email, in my own words, 7 days to remove the goods, which notice expired on 19th April.
Should I start again using the CAB format, or allow a further 7 days to pass before filing the Claim, or just carry on getting the Claim to Court?

A claim won't be thrown out for not following the CPR however you risk if the court awards fees and in the worst offences the court can award the defendants costs against you even if you win the case. The CPR doesn't have a template letter to use but requires various reasonable things like its clear what the hell you are talking about and you've given them reasonable time to put it right etc.


The SoGA for consumers was basically replaced by the CRA, the SoGA still stands in certain circumstances for small businesses. It's therefore unlikely you, S1(5) of SoGA now reads that if CRA applies SoGA doesn't, to paraphrase. 

Unless you really understand the law its better not to quote it else you are likely to be torn a new one as pseudo legalese is easy to shown to be wrong which immediately makes people think the rest of the argument is equally wrong. One of the key reasons why I dislike the template letters on this site.

Thank you for your advice. My argument seems to concern CRA S.13(2)b as the defect concerns a foul smell that was not apparent from the sample carpet we were shown. Also S.10 inasmuch as the purpose was to carpet our main bedroom: I maintain it is unreasonable to put up with a pungent smell in that context.

welshman1948

I think it is clear what we are talking about, as the disagreeable smell has been the sole subject of our correspondence with the supplier since a few days after installation on 27th February (apart from emails pleading for a resolution).

DullGreyGuy

Given you were over the 30 day short term right to reject the goods, what has the merchant said? That the smell will dissipate over time? That it doesn't smell? 

Did the company that sold you the carpet also do the fitting or did you arrange that independently? 

Are you certain it's the carpet and not something else? What fibres are used in the carpet? A friend got a new carpet a few years ago and there was a really strong smell, whilst the wool carpet did have a bit of a woolly smell what he was actually complaining about was either the underlay or the adhesive his fitter had used to stick the underlay down, took a long time for that smell to go. 

the_lunatic_is_in_my_head

Hello OP

Whilst there are generic answers to each question, there are many variables which make answers become protracted.

Are you are able to tells us what you purchased and whether you paid an additional fee for install or if it was just supply and fit for £x please? 

None of us here are law firms  

welshman1948

the_lunatic_is_in_my_head said:

Hello OP

Whilst there are generic answers to each question, there are many variables which make answers become protracted.

Are you are able to tells us what you purchased and whether you paid an additional fee for install or if it was just supply and fit for £x please? 

None of us here are law firms  

Yes, sure: it was a fitted wool carpet with a separate "breathable" underlay. The fitting was independently done but the supplier made the arrangements. Payment was separate.

welshman1948

DullGreyGuy said:

Given you were over the 30 day short term right to reject the goods, what has the merchant said? That the smell will dissipate over time? That it doesn't smell? 

Did the company that sold you the carpet also do the fitting or did you arrange that independently? 

Are you certain it's the carpet and not something else? What fibres are used in the carpet? A friend got a new carpet a few years ago and there was a really strong smell, whilst the wool carpet did have a bit of a woolly smell what he was actually complaining about was either the underlay or the adhesive his fitter had used to stick the underlay down, took a long time for that smell to go. 

Thank you. I was actually within the 30 day limit when I sent the specific rejection email. Supplier effectively ignored this and went off on a set of internal inquiries including the manufacturer and an independent inspector (whose report was rather inconclusive, though he agreed there was a smell, which he put down to the carpet itself). The smell has not been static: at first it was awful, unbreathable, like burnt tyres. After weeks it faded and changed but was still unpleasant when the inspector called. Now it is several weeks later, and after much ventilation it has mellowed. I have not changed my rejection status, but I now feel there is hope that in time we may be able to live with it rather than negotiate the prospect of removal, storage, and replacement. If so, I could rephrase the claim (and save money) by only claiming for the disruption and stress caused by the loss of 2 bedrooms out of three over almost 3 months. Another can of worms?