I need to solicitor to serve a LBA ( Letter Before Action )

GDB2222

"I have paid about £16,000 to date. 

So how does that work in a small claims court ?"


You probably need to outline what your claim is about, what's happened, etc. In particular, whom have you paid £16k to, and what have you lost?

MyRealNameToo

Ehi said:

MyRealNameToo said:

Unless your claim is over £10,000 it will go to small track in which case legal costs are your own to pay. Even if it's up to £25,000 it only makes it into Fast Track which is fixed legal costs and frequently will be below what has been incurred.  This is why with solicitors working on conditional funding agreement take a significant proportion of your winnings because what can be claimed from the defendant doesnt cover it. 

The one you did doesnt make sense, if you went to court and won then an ombudsman won't touch it because courts are higher than ombudsman. Once you have a court award you have 6 years for enforcement. 

I have paid about £16,000 to date. 

So how does that work in a small claims court ?

What do you mean you've paid £16k? To your solicitor? To the company you are claiming against? 

How much you've paid is irrelevant, it's the value of the claim thats used in determining which track of the court system it goes to. If you are claiming £16k then its likely it will go to Fast Track not Small Track (aka small claims court)

Ehi

I had posted in my past post, but many people disagreed with me and I have been doing plenty of research on the matter. Here https://forums.moneysavingexpert.com/discussion/6547593/missold-car-finance-lying-and-bullying-by-car-dealership

QUICK SUMMARY
1. My car was offline, and I promised a brand new SUV ( Quotation, paperwork, vehicle interest sheet, timelines) and emails. Lead time was 13 months. So I customized to my taste and was given a confirmation 

2. Six weeks later. At the point of deposit, the MD promised if I took a 2nd hand car on a 3 year PCP, while waiting. It means, I locked into them for 3 years and can always swap, as I am paying depreciation. and He would waive my deposit

I refused, but we had a number of email exchanges, assuring me it was a temp offer. I then demaned a bigger car, but they emailed back, saying it was only temporary and next year, I would have my desired car

*** All these are confirmed in the SAR (Subject Access Request)  ***

After I signed the contract, 7 months later, they denied item 1 above. When I showed the evidence, both dealership and finance company vehemently denied all evidence.


Only problem, I have now, is AI says yes I suffered financial loss and showed me tonnes of evidence. While the 2 legal reps I spoke to, said I had the unwanted car, so no loss

eskbanker

Ehi said:

Only problem, I have now, is AI says yes I suffered financial loss and showed me tonnes of evidence. While the 2 legal reps I spoke to, said I had the unwanted car, so no loss

You're considering believing AI over two human legal reps?

I recall that one central theme of that previous thread was how difficult you found it to express concisely exactly what your issue is/was, so it's entirely possible that different opinions will be a direct consequence of the resultant confusion.

GDB2222

So, your LBA is a sort of bluff? Or, you actually want to take this to court?

Isthisforreal99

GDB2222 said:

So, your LBA is a sort of bluff? Or, you actually want to take this to court?

It's a 'hands down win' apparently.

So clear cut that nobody coukd could quite understand the issue in the linked thread.

What did happen with the Motor Ombudsman and potential FOS complaint I wonder.

Ehi

eskbanker said:

You're considering believing AI over two human legal reps?

I recall that one central theme of that previous thread was how difficult you found it to express concisely exactly what your issue is/was, so it's entirely possible that different opinions will be a direct consequence of the resultant confusion.

Yes, as after AI explained it all ( with plenty of examples ) I told the legal reps, what AI adviced and one of them said Mis-representation was not consumer law, rather contract law. Which is not his area and the other was silent. I did a number of direct access barristers, who agreed with my AI findings, but said it would depend on the courts, what I receive

Also according to FCA, no company can enter a client into a contract without the customer's journey, which in my case was not adhered to.

Bear in mind, I spend over a month plus, re-phrasing my questions with AI

Isthisforreal99 said:

What did happen with the Motor Ombudsman and potential FOS complaint I wonder.

When it happened the dealership refused to let me lodge a complaint, so citizens advise said report to the motor ombudsman, who held my file for 19 months and said I should have gone to their sister company the financial ombudsman, who said it was too late

I reported to the HQ finance company who denied I ever asked for an SUV

Ehi

See this

https://www.youtube.com/watch?v=fOnOYoSIt-E&t=53s

or google examples, e.g. Spice girls https://en.wikipedia.org/wiki/Spice_Girls_Ltd_v_Aprilia_World_Service_BV 

eskbanker

It seems likely that this thread will start to stray into discussing the merits, or otherwise, of your claim, which will inevitably overlap heavily with what was discussed previously over on the other thread, so to avoid reinventing wheels it might be worth simply updating the other one with what's happened since last year?

In terms of the question asked in this thread, you're already in dialogue with 'legal reps' and 'direct access barristers', so if you're wanting to engage someone to assist with submitting an LBA and then presumably launching a claim, then those are likely to be more fruitful avenues than a thread on here (or AI)!

MyRealNameToo

Ehi said:

Isthisforreal99 said:

What did happen with the Motor Ombudsman and potential FOS complaint I wonder.

When it happened the dealership refused to let me lodge a complaint, so citizens advise said report to the motor ombudsman, who held my file for 19 months and said I should have gone to their sister company the financial ombudsman, who said it was too late

You dont need permission to log a complaint. You send it in writing with proof (letter or email) and 8 weeks later you can go to the Financial Ombudsman if they have not provided you a response beforehand. 

The FOS is a limited company by guarantee with its parent being the FCA which itself is a limited company by guarantee with its parent being the HM Treasury. The Motor Ombudsman is a limited company, its main/sole shareholder is the Society of Motor Manufacturers. This is a trade association not a regulator nor part of the government. I'm not sure why they'd be described as a "sister company" which would suggest they are part of the same overall group of companies when clearly they are not.