Advice needed on car buying
Q. I bought a car from a registered trader via auto trade a few weeks ago. I purchased the vehicle via bank transfer and was informed that the vehicle still had repairs to be done. I was advised in writing from the trader that all faults and repairs would be fixed before I received the vehicle.
This was not the case and the vehicle is still in need of repair. I have tried to contact the trader about this but my messages have been ignored. The trader has now blocked my number. I know that the number has been blocked as my friends have gotten through to the number yet I have not been able to and the number is not connecting. I had previously messaged the seller quoting the consumer rights act 2015.
I have seen from website reviews that the seller has done this to others and they have not received their monies due. I have tried to check if the seller has an alternative dispute resolution service or is a part of a trade association, I am unable to find this information, however I am aware that the trader is registered. I now wish to process a simple procedure claim but I have some questions in relation to this. I want to know if I could claim as well as the vehicle purchase, money for the tax and insurance that I have had to pay due to the vehicle being parked out on the road due to not being fit to drive. I also want to know if there is any steps that I should take before taking matters to court.
A. A simple procedure claim would be appropriate for this situation as the claim is for finances under £5000. Before starting the simple procedure, you must make sure that you have attempted to settle the dispute out of court.
You could do this by writing to the seller, however, due to your attempts to contact the seller, it would be best writing a final letter via email to be sent to the seller stating that if there is no satisfactory result or response within seven days then court proceedings will take place. You are advised to include what has gone wrong with the purchase in this letter as well as highlight what action you wish to be take.
Once you submit your claim and pay the fee, the sheriff clerk will then check and register the claim.
A timetable will then be issued for the case. Once the sheriff has served the claim form, the following could happen:
■ respondent admits the claim - the respondent pays in full
■ respondent asks for time to pay - sheriff will ask you if you agree to time to pay. By asking for time to pay, the respondent is admitting that they owe you the money
■ respondent admits claim but hasn’t paid in full – sheriff will make a decision about what happens next
■ respondent denies claim – sheriff decides if there needs to be a case management discussion or a hearing. The response form allows the respondent to call witnesses as well as the claimant being able to do this.
You are advised that if the respondent does not reply by the deadline date, you will have two weeks to make an Application for a Court Decision. However, if you fail to make the Application for a Court Decision then your case will be dismissed.
You do not need a solicitor to represent you in court as this is a straight forward procedure and you can represent yourself. You can claim for any monies owed under £5000 at a simple procedure court if they are deemed as reasonable expenses that have put you into financial hardship. If you feel comfortable claiming expenses of court fees, insurance and/or tax on the vehicle as well as the cost of the vehicle then you are free to do so.
However, the judge can deem if these are reasonable and if not then a partial award would be given to you if court rules in favour of your claim.
Provide all the other evidence you have gathered to prove your case, for example: ■ a contract for a good or service ■ letters written to resolve the case out of court
■ notes of phone calls and what was said ■ pictures – for example, unfinished building work.
Q. I went to Cameroon at the beginning of September 2021 for a family funeral. I was due to fly back to Scotland via London on 12/09/2021.
I was refused boarding the aircraft due to what the flight attendant describes as the incorrect paperwork. I showed the flight attendants at the boarding gate my EU settlement scheme papers, my passport, my UK driving license and documents to prove I have a UK bank account.
I had to source another flight the next day (13/09/2021) at an additional expense. I have made an initial enquiry into this situation and I have received an email response today stating that I in fact showed no paperwork. I would like to seek further advice on a complaint escalation as this last statement is not true.
A. The airline’s website provides the following information: “What should I know before travelling to or from the UK? There is an agreement between the European Union and the United Kingdom on a new cooperation since 1 January 2021.
“As EU-citizen, you can only travel to the United Kingdom with a passport. A visa is not required when travelling to the UK for stays shorter than six months. UK residents can no longer use the e-gates at border controls. You can find more information on the website of Foreign Affairs.”
You should escalate your enquiry to an email/letter of complaint and this should be apparent in the first line of correspondence so that there is no doubt on the nature of your letter. You should bulletpoint exactly what happened with dates and time in the form of a flowing timeline. You should not make this complaint letter emotional but stress the financial hardship it put you under. You should also make very clear what outcome you would like from the complaint (apology/refund/ financial compensation). If you were able to name the staff members involved it may strengthen your case.
Q. My bank account has been frozen. I do not know why, can you offer some advice on what I should do.
A. We would advise you to contact your bank straight away and ask why your bank account has been frozen. They should be able to offer you an explanation.
There are several circumstances in which you may find your bank or building society account has been frozen. For example, a bank has to freeze an account when ordered to do so by a court order. A common type of court order which has the effect of freezing an account is a `third party debt order’ (arrestment in Scotland).
A bankruptcy order will also usually freeze a bank or building society account, although some banks do allow the continued use of a pre-existing account.
Another common reason for which a bank or building society account may be frozen is when you have a joint account and the other account holder has instructed the bank to freeze the account because, for example, there is a dispute about the money held in the account.
The only way in which the account can be unfrozen is for the bank to receive written instructions from both account holders. If you are not able to negotiate with the other account holder, it may be necessary to take specialist advice about legal action to resolve the dispute.