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

Okell

Ehi said:

Okell said:

So have you finally accepted what you were told in last year's thread?

ie that you haven't got a case for mis-selling of the finance contract - which is what you were constantly banging on about in last year's thread - but that you might (stress "might") have a case for misrepresentation against the dealer (and hence also against the finance company via s75 Consumer Rights Act).

So is mis-representation going to be the basis of your claim?

And how much is your claim going to be for?  What actual losses have you sufered as a result of misrepresentation, if there was any misrepresentation at all?

Remember you bought a "temporary" car for £17,000 (or was it £19,000), but what loss did you incur?  You could have sold it or traded it in at any time.  You might think you paid over the odds for it but that is neither here nor there.  You weren't forced to buy it.

Why are you resorting to AI when your one of your cousins is a solicitor and another(?) a barrister?  Why won't they help you?

I dont want to deviate from the topic. Which is how best to serve a LBA...

OK.  There's nothing to stop you posting it yourself.  You've already said that you've sent one before in 2019.  Why pay a solicitor when you can do it yourself for the cost of a first class stamp.

Send it first class from a post office counter to the regd office of whoever you are addressing it to.  Get a certificate of posting from the clerk at the post office counter.  Don't lose the certificate.

However, as you seem strangely reluctant to let us know how much your claim will be for, if it will be for over £10k you may want to consider getting paid for professional legal advice before you proceed any further.  For claims over £10k you may leave yourself open to having the other side's costs awarded against you.

Again - when did you buy the stop-gap car?

Ehi

Okell said:

You haven't answered my question about the FOS rejecting your complaint as being out of time.

Exactly when did you buy the "temporary" car?

Apologies it was April 2022 for the 2nd hand car. I placed the pre-order march 30, 2022, for the brand new SU, then was tricked same day, who said they were doing me a favour by putting me on their finance, so used the temp car, and when I was accepted, they emailed me, saying they would offer me as a temp measure, 

Which they are denying now

eskbanker said:

That doesn't sound like what the FCA would say or do, are you sure it wasn't FOS?

And Trading Standards may investigate a trader but won't actually assist a complainant as such so that won't be an avenue for cost recovery, which is presumably your primary focus?

Yes FCA, 

the lady was surprised the FOS refused to pick up the complaint and said they have an independent assesor

cost recovery is via LBA, So I plan to throw the kitchen sink and everything at them

Okell

Ehi said:

Okell said:

You haven't answered my question about the FOS rejecting your complaint as being out of time.

Exactly when did you buy the "temporary" car?

Apologies it was April 2022 for the 2nd hand car...

... the lady was surprised the FOS refused to pick up the complaint and said they have an independent assesor

Wait a minute.  You've previously said (I think twice) that the FOS rejected your complaint as being out of time which shouldn't have been possible if you bought the car in 2022.

But are you now saying that the FOS simply refused to find in your favour or told you that you had no hope of success?

Which is it?

Ehi said:

Okell said:

You haven't answered my question about the FOS rejecting your complaint as being out of time.

Exactly when did you buy the "temporary" car?

... cost recovery is via LBA, So I plan to throw the kitchen sink and everything at them

No.  Unless they decide to cough up on receipt of your LBA - which I would think is unlikely - you'll have to take them to court to get your money back.

So once again, how much are you claiming?

Ehi

Okell said:

However, as you seem strangely reluctant to let us know how much your claim will be for, if it will be for over £10k you may want to consider getting paid for professional legal advice before you proceed any further.  For claims over £10k you may leave yourself open to having the other side's costs awarded against you.

Again - when did you buy the stop-gap car?

No no no

again apologies, I am trying to multi task, so might omit a few things. I am an open book and the only thing I wont tell at this point is the dealership's name

I have paid £16,000 to date, and if I can get every penny back, including service costs, I will. On my LBA, i insisted on a full refund and on paragraph 3, said the compensation is not the goal, rather that the BAD ILL PRACTICE be reported to their HQ and put an end to it all

I hope to settle out of court, but if they dont, then I will seek further advice and possibly insurance

born_again

Ehi said:

Okell said:

So have you finally accepted what you were told in last year's thread?

ie that you haven't got a case for mis-selling of the finance contract - which is what you were constantly banging on about in last year's thread - but that you might (stress "might") have a case for misrepresentation against the dealer (and hence also against the finance company via s75 Consumer Rights Act).

So is mis-representation going to be the basis of your claim?

And how much is your claim going to be for?  What actual losses have you sufered as a result of misrepresentation, if there was any misrepresentation at all?

Remember you bought a "temporary" car for £17,000 (or was it £19,000), but what loss did you incur?  You could have sold it or traded it in at any time.  You might think you paid over the odds for it but that is neither here nor there.  You weren't forced to buy it.

Why are you resorting to AI when your one of your cousins is a solicitor and another(?) a barrister?  Why won't they help you?

I dont want to deviate from the topic. Which is how best to serve a LBA

I was lied to repeatedly by a car dealership, and have tonnes of email, quotations, vehicle of interest print out, a customized spec for an SUV, complimentary cards etc ??? 

And I am meant to pretend nothing happened ? I am just a simple bloke trying to articulate theft on a corporate scale.

MOVING FORWARD
I have lodged a complaint with FCA today, who said I did the right thing and they will investigate the firm via an independent assesor and asked to me lodge with trading standard ALSO

One last thing, I did not google love for love on a random dating website and received promise, that never materialized or stopped at a road side mechanic. This is one of the top 3 biggest car manufacturers and I find the practice TOTALLY AND COMPLETELY UNACCEPTABLE

Write you letter address it to the party you are going to take to court. Go to post office. Get proof of posting. Don't waste money on any other level of postage.

Which was the 1st reply in this thread...

But as has been asked several times. Just what exactly do you want out of this? 
As you need to cite a figure you are after.

powerful_Rogue

Ehi said:

cost recovery is via LBA, So I plan to throw the kitchen sink and everything at them

Ehi said:

A lot said, I was hoping to get it served, so there would be a clause that says, legal expenses included and the company concerned's legal department would not want me to bully poor me when it comes to negotiations and also to give them the impression that I am ready to head to courts, to maximize my expenses claim

Just wanted to check you understand that's not how a LBA works as it's twice now you've mentioned this.

eskbanker

Ehi said:

eskbanker said:

That doesn't sound like what the FCA would say or do, are you sure it wasn't FOS?

And Trading Standards may investigate a trader but won't actually assist a complainant as such so that won't be an avenue for cost recovery, which is presumably your primary focus?

Yes FCA, 

the lady was surprised the FOS refused to pick up the complaint and said they have an independent assesor

cost recovery is via LBA, So I plan to throw the kitchen sink and everything at them

But what does 'independent assessor' means in the context of a regulator?  There is an independent assessor as part of FOS overseeing complaints about its service but I don't see how employees of a regulator (with direct powers over authorised firms) can be described as independent - independent of who/what?

Okell said:
You've previously said (I think twice) that the FOS rejected your complaint as being out of time which shouldn't have been possible if you bought the car in 2022.

As well as the timeframe from the event causing the complaint, FOS can also reject complaints if they're not raised within six months of the final response from the financial institution, so perhaps OP got no joy out of the finance company but took too long to refer to FOS thereafter?

Okell

Ehi said:

Okell said:

However, as you seem strangely reluctant to let us know how much your claim will be for, if it will be for over £10k you may want to consider getting paid for professional legal advice before you proceed any further.  For claims over £10k you may leave yourself open to having the other side's costs awarded against you.

Again - when did you buy the stop-gap car?

... I have paid £16,000 to date, and if I can get every penny back, including service costs, I will. On my LBA, i insisted on a full refund and on paragraph 3, said the compensation is not the goal, rather that the BAD ILL PRACTICE be reported to their HQ and put an end to it all

I hope to settle out of court, but if they dont, then I will seek further advice and possibly insurance

But you haven't lost £16,000 have you?

Do you still have the car?  

If you haven't, what happened to it?

If you have, what's it worth now?


I can't think of anything more daft than writing a LBA and saying that compensation is not your goal but that you want "BAD ILL PRACTICE be reported to their HQ and put an end to it all."   That will give them a good laugh...

eskbanker

Ehi said:
On my LBA, i insisted on a full refund and on paragraph 3, said the compensation is not the goal, rather that the BAD ILL PRACTICE be reported to their HQ and put an end to it all

That tense suggests you've already issued the LBA?

Ehi said:

I hope to settle out of court, but if they dont, then I will seek further advice and possibly insurance

Not sure where insurance comes into this, but you should have read by now that the time to issue an LBA is when you already know what you'll do if it fails to produce the desired response, i.e. 'if you don't sort within 14 days I'll initiate the claim' - it's rarely sensible to regard it as some sort of threat unless you're ready and willing to go through with it, as most businesses will be familiar with bluffers....

Okell

Requested a brand new SUV , but ended up with a 2nd hand car I had never seen before - LegalBeagles Forum

Advice on how to lodge a LETTER BEFORE ACTION - LegalBeagles Forum