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Can I pursue this somehow? Small claims?

(5 Posts)
Underchipsandpeas Fri 28-Oct-16 22:26:47

I bought a caravan. The advert said it needed TLC but no damp. I bought it, the seller said again at pick up there's no damp.

I've got it home, it's so damp the electrics are shot, and part of the wall is sodden and rotten. I've emailed and asked for refund but predictably have heard nothing.

What should I do?

prh47bridge Sat 29-Oct-16 00:59:52

The caravan does not match the description given so you are entitled to reject it and get your money back. If the seller refuses you can take action against them to recover your money.

Underchipsandpeas Sat 29-Oct-16 02:57:41

Thankyou. What's the best way to do that? Do I write to tell him this first or just go straight to the small claims or what?

LadyB49 Sat 29-Oct-16 03:16:30

You can send a courtesy letter of intent to pursue in Small Claims and if no response, then go ahead. But you can also just go ahead.
Please bear in mind that an Award in your favour does not automatically ensure you get your money.If he doesn't pay up then you'd need to pursue it via The Enforcement of Judgements which charges fees at each stage. You pay them..... All added onto his debt which is fine if he eventually pays up.

Did you have witnesses to his statements of no damp who are willing to testify. You also have the advert stating no damp. Take photographs of damp and any damage.

You can do small claims court on you own without solicitor. That's its purpose. But be prepared with evidence. If def does not turn up its usually found in favour of the applicant.

Keep copy of final letter to defendant which should state the problems,what you want, and that if not sorted you will proceed to Small Claims Court the costs of which will be his responsibility if found in your favour.

prh47bridge Sat 29-Oct-16 09:39:04

Just to clarify LadyB49's response, you MUST send a letter before action as described in the last paragraph of her post before starting legal action. Whether you send any letters before that is up to you but the letter before action is a requirement. If they don't respond you can file your claim online here. That is the cheapest way to start action.

I would go further than LadyB49 on use of a solicitor. Not only can you handle small claims court yourself, you should do so. If you engage a solicitor you will not generally be able to recover their fees from the other side.

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