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

Ehi

Okell said:

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?

I never said so. I initially escalated to motor ombudsman as advised by citizens advice, who kept my file for almost 2 years,then rejected it saying its a financial matter, so I went to FOS, and FOS said I brought it late

born_again said:

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.

Full refund, although a small claims can only issue 10k, i have paid 16k. Justification is simple. I was not just lied to, I was WILLFULLY LIED to and intentionally misled, from start to finish


MY ARGUMENTS

1. I never approached the firm. I had seen the car on autotrader via youtube test drives. So was in talks with 6 other dealerships and was invited for a test drive (And since they were not local to me) I called my local dealer to ask why they were not advertizing the car, hence they invited me down


2. It was at the point of paying a down payment at my local dealer, he said to me, he is willing to waive their fees, if I take a 2nd hand car for a 3 year contract and swap next year.

3. He then lied, a 3 year contract, meant I cannot go to another dealer and will be stuck with them. But can swap

The above an be seen in email exchanges

IN THE EMAIL EXCHANGES: I rejected the small hatchback 3 times, citing it was 2nd hand and then asking for the plug in hybrid instead, and then was lied to, the leadtimes had been postponed. They responded: Reiterating its only a short term fix, and I asked for another, again rejected, and a 3rd. Before I was assured, remember what we discussed, A 2ND HAND CAR ....is only a short term fix and you will have your car next year.

When it all came falling down, they denied even their emails, saying the sales rep was my friend from the gym and had nothing to do with them, whenn actually I was dealing with the manager

I find such lying totally unacceptable and if the courts feel it is, then lets all do the same. As the good ol cowboy days

Okell said:

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

yes thats me

Okell

Have you actually sought advice from Citizen's Advice, and if so, what advice did they give you?  Have they advised you to sue the dealer for misrepresentation?

If what you really want to do is to "get your own back" on the dealer, then you ought to be asking CAB to refer them to Trading Standards to investigate under The Consumer Protection from Unfair Trading Regulations 2008.

Those regulations make it potentially a criminal offence for a trader to give you false information which causes you to make a purchasing decision that you would not otherwise have made.

Those regulations are enforced by Trading Standards, but you can only get your case referred to Trading Standards by first going to CAB.

Trading Standards action won't necessarily help you get any money back but if you are doing this "on principle" it might make you feel better...

Ehi

Okell said:

Have you actually sought advice from Citizen's Advice, and if so, what advice did they give you?  Have they advised you to sue the dealer for misrepresentation?

If what you really want to do is to "get your own back" on the dealer, then you ought to be asking CAB to refer them to Trading Standards to investigate under The Consumer Protection from Unfair Trading Regulations 2008.

Those regulations make it potentially a criminal offence for a trader to give you false information which causes you to make a purchasing decision that you would not otherwise have made.

Those regulations are enforced by Trading Standards, but you can only get your case referred to Trading Standards by first going to CAB.

Trading Standards action won't necessarily help you get any money back but if you are doing this "on principle" it might make you feel better...

thank you

very very sensible advice and yes I have done so repeatedly. when I ask questions and say I got info from AI, i was just giving a quick summary. I have actually spent years talking to citizens advice on different occasions, while the ombudsman was holding on to the case and recently after the ombusman rejected the case

Citizen's advice said to go to a small claims court and sent me the template, saying I could get £10,000 back as a maximum

Then when the consumer solicitor said its a difficult case, as I havent suffered any loss, I called CAB again, who said exactly what u mentioned above, then I resorted to AI and other forms and came up with a detailed LBA. Hence asking you guys before I submit it this week. 

Thank you as thats spot on

eskbanker

Ehi said:
the consumer solicitor said its a difficult case, as I havent suffered any loss

It sounds plausible that you could make a case for suffering some financial loss, but that wouldn't be a simplistic "I paid £x for a car I didn't want, therefore I'm claiming that amount", as you presumably still have the car?

Ehi

eskbanker said:

It sounds plausible that you could make a case for suffering some financial loss, but that wouldn't be a simplistic "I paid £x for a car I didn't want, therefore I'm claiming that amount", as you presumably still have the car?

Moral of the story, dont use the name of a global billion dollar brand to lie to hard working individuals. If it were the reverse, and I missed a direct debit by £1 and was returned. It would be registered against me for probably 6 years

Even if I dont get any refund out of it, I plan to ask the courts to let me publish the findings publicly against them. 

Prior to approaching them, I had a 8 year old honda which was problematic, so when they promised me 10 year or 100k warranty and heaven and bliss, I sold my honda and jump on board, now they are denying they ever talked to me and denying emails, company letterheads, quotations etc 

I find the level of dishonesty COMPLETELY UNACCEPTABLE

user1977

Ehi said:

eskbanker said:

It sounds plausible that you could make a case for suffering some financial loss, but that wouldn't be a simplistic "I paid £x for a car I didn't want, therefore I'm claiming that amount", as you presumably still have the car?

Even if I dont get any refund out of it, I plan to ask the courts to let me publish the findings publicly against them. 

What "findings"? Sounds like you still misunderstand what the court will actually do.

eskbanker

Ehi said:

eskbanker said:

It sounds plausible that you could make a case for suffering some financial loss, but that wouldn't be a simplistic "I paid £x for a car I didn't want, therefore I'm claiming that amount", as you presumably still have the car?

Moral of the story, dont use the name of a global billion dollar brand to lie to hard working individuals. If it were the reverse, and I missed a direct debit by £1 and was returned. It would be registered against me for probably 6 years

Even if I dont get any refund out of it, I plan to ask the courts to let me publish the findings publicly against them. 

Prior to approaching them, I had a 8 year old honda which was problematic, so when they promised me 10 year or 100k warranty and heaven and bliss, I sold my honda and jump on board, now they are denying they ever talked to me and denying emails, company letterheads, quotations etc 

I find the level of dishonesty COMPLETELY UNACCEPTABLE

You clearly feel very strongly about all this, but it would be worth trying to park the emotion and to concentrate on what you can actually hope to achieve, in terms of constructing a cogent and compelling case rather than focusing on publishing your opinions on the conduct of the company concerned.

Okell

Ehi said:

Okell said:

Have you actually sought advice from Citizen's Advice, and if so, what advice did they give you?  Have they advised you to sue the dealer for misrepresentation?

If what you really want to do is to "get your own back" on the dealer, then you ought to be asking CAB to refer them to Trading Standards to investigate under The Consumer Protection from Unfair Trading Regulations 2008.

Those regulations make it potentially a criminal offence for a trader to give you false information which causes you to make a purchasing decision that you would not otherwise have made.

Those regulations are enforced by Trading Standards, but you can only get your case referred to Trading Standards by first going to CAB.

Trading Standards action won't necessarily help you get any money back but if you are doing this "on principle" it might make you feel better...

... Then when the consumer solicitor said its a difficult case, as I havent suffered any loss, I called CAB again, who said exactly what u mentioned above, then I resorted to AI and other forms and came up with a detailed LBA. Hence asking you guys before I submit it this week. 

Thank you as thats spot on

Would you be willing to share your draft LBA?

It's just that you go on about all the research you have done, the help you've had from Which? and CAB, and that you've used AI to "come up with a detailed LBA".

Hopefully you are aware that a LBA doesn't need to be particularly detailed.  All it needs to do is to clearly and concisely set out (1) the facts of what you are complaining about; (2) the legal basis of your claim; (3) the amount you are claiming; and (4) a statement that unless they pay your claim before a certain date then you will issue a court claim against them without further warning.

I think that is all you really need at this stage.  The detail only becomes important when you have to draft your Particulars of Claim which will form the detialed factual and legal basis of your claim.

Having re-read your thread from last year and the difficulty you had conveying what your complaint was about, I'm a bit concerned that you are going to muddy the waters by making your LBA unnecessarily complicated and confusing.  Before you commit yourself to sending it, you might want to know what others think of it.

Okell

eskbanker said:

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

The purpose of a letter before action is to encourage the recipient to deliver what they've failed to do, in order to resolve a dispute, while also putting them on notice that the sender is prepared to pursue the matter via the courts - it doesn't allow the sender to unilaterally define how that court process would work!

This  ^

powerful_Rogue said:

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.

And this  ^



I'm also concerned that the OP is confusing a LBA with the actual issue of a claim or the court case itself.  They seem to think all they need to do is to send a LBA and the dealer will cough up £16, 000 - or something

Ehi

Okell said:

Would you be willing to share your draft LBA?

see this https://postimg.cc/xkZvNQ7S

I have mentioned the 4 areas of law I would be relying on earlier. All drafted by AI. You would be shocked what AI can do

Okell said:

I'm also concerned that the OP is confusing a LBA with the actual issue of a claim or the court case itself.  They seem to think all they need to do is to send a LBA and the dealer will cough up £16, 000 - or something

you never know, that would be a nice days wage