Update. After sending the dealers 'solicitor' a copy of the advert and a copy of the Mercedes build list, i received a call from a 'legal eagle'. He said not to go ahead with my planned Court action, he will sort it out. After 1/2hour i had a call from the dealer to arrange collection of the car and refund. This matter was concluded last week to my satisfaction, full refund. Thanks all for your advice and time. Regards Catter

Hi all. I have now received a response from the dealers solicitor. Copy posted in pdf. Although i sent BRM Select cars a 'letter before action' on 06/01/22, i am now considering communicating with their solicitor. That will include a copy of the advert i relied on and a copy of the build spec. i have now obtained from Mercedes, which shows that the car was built with halogen lights, not xenons. That communication will also point out that my terminology of 'particularly choosing' has been used totally out of context in their initial contact email. I feel that if i do not communicate as above, if and when the matter goes to Court, it may count against me as not following procedure. What is your opinion on this course of action please. File0027.pdf

Will figure out how to post up the text of my letter before action, when next on the desktop comp. Have posted my letter before action to BRM Select cars yesterday. 06/01/22. I have amended the date to that. I have given them 14 days before i issue a County Court claim. I will try to obtain a doc. from the Mercedes dealer that shows this car was built with the halogen lights as opposed to xenons that i was expecting. My next move is to gen. up on how to issue a Court claim. Any advice would be welcome. done it for you..dx BRM Select cars Ltd Burringham Road Scunthorpe Lincs DN172AA 0510112022 Ref. Dear Sirs Letter of Claim I refer you to the complaints regarding the above vehicle, as detailed in my previous communications with yourselves. That is, the incorrect and, falsely advertised, lighting system fitted to this vehicle. As you have not complied with the rules in the Consumer Rights Act (2015) In issuing a full refund of the sum paid for the vehicle and taking the vehicle back. I have no alternative, but to issue a claim, in the County Court, against yourselves, This claim will be issued after14 days from the date of your calculated receipt of this letter. I would prefer to not take the above action. A favourable response from yourselves would avoid you incurring inevitable extra expense. Yours faithfully

Sorry can't figure out how to post as text

Thanks for that, i will visit the Mercedes dealer again and see if they would write that up for me. This is the pdf of my letter of claim, what do you think? File0025.pdf

Hi all. Happy New Year. As advised, i contacted Lawgistics to clarify their qualifications. To date i have had no reply. The person i dealt with at BRM Select cars calls himself Harry Bing. His real name is Sukhvinder Singh. He is listed on Companies House as Director with 3/4 control. I find it impossible to get a quote to upgrade the light system. My local Mercedes dealer called up the build spec. today. The car was built with the halogen light system from new. I was advised that an upgrade to zenon or led is totally unviable. The wiring and control systems would be incompatable. Also there would possibly be a problem with fitting upgraded lights to the existing bodywork. Therefore I do not think upgrading the lights and sueing for the cost is an avenue that i can use. My intention now is to send a Letter of Claim to BRM Select cars Ltd. as soon as possible, basing my claim on my rights under the CRA 2015. In the meantime i will have to read up on the method for issuing a claim with the Court under the fast track procedure. When i have it complete i will post it up here for any advice before sending.

Hi all. I have not yet obtained a quote for upgrading the light system. Awkward with the Christmas hols. Their 'Solicitor' office is closed until 04/01/2022. I will be following advise to check their qualifications etc. stu007 thanks for the links to the company house data. Most enlightening and very useful. pdf of the original ebay advert which i relied on. And the part spec list for the car from HPI database. docs2.pdf

Yes, that's what i think. Had a phone conversation on Thurs 2312/2012 with Harry Bing of BRM cars. To check if they received my emails. He was pretending to be just the salesman.' Out of my hands, with my bosses' and all that. He is actually the proprietor, i was told when i visited. Their Solicitor has taken my 'choosing a particular spec of car' completely out of context. Oh dear! I have not got quotes for fitting the correct lights yet, everywhere has been closed for Christmas. Calling on the local Mercedes dealer tomorrow(if their open) to get a quote and ask if they can call up the build spec. Will also get on the Mercedes website to see if i can find a build list. Second hand light units of the correct spec are £450/500 on ebay. Thats without all the other bits plus labour. Manxman in exile. Sorry that TT i refer to was 1967. I'm getting old. haha

Letter sent and email received docs1.pdf

Hi all. I hope you all had a nice peaceful Christmas. Thankyou all for your kind replies. Manxman in exile. Bit off topic. The MV is a very good replica of Giacomo Agostinis bike from the late 1960s. The small group also have a Mike Hailwood Honda 6 replica, from the same period. Man, you should hear that Honda running, wow.! I was there on the IOM when that epic duel between those 2 for the senior race took place. 1969 i think. Sorry, back to business . I will post up the following. A letter i sent to BRM select cars. Email from BRMs Solicitor received on the same date.

BankFodder dx100uk Manxman in exile stu007 I have re read all my posts on this subject and realise that i have been coming across as a complete T*T. I humbly apologise to you all for that. I recieved an email attachment from this dealers solicitor this morning. As it is the Christmas nothing can be done at the moment, so i will post further in a couple of days. I wish you all a Merry Christmas.

dx100uk. I stated that ignoring findings under the CRA. is a criminal offence. I am using the scenario that a trader totally ignores any findings/directives. Then Trading Standards could/should become involved and assuming continued ignoring/non compliance, TSO can take criminal court action. Penalties can imposed and convictions. Ref. Business Companion (Trading Standards Laws explained) I know the above would be the extreme, but it could happen.

BankFodder Thanks for the suggestion of getting quotes for a lighting upgrade. I had not thought of that in the manner you present. I will get some quotes for the job. The dealer BRM select cars is about 50 miles from me. They were the closect i could find that had a car with the spec. i required. Which turned to be incorrect, as i have discovered.

BankFodder, Manxman in exile. My interpretation of the legallities of the CRA is, that to ignore the findings and any directives, can lead to a criminal conviction. Any Court hearing, concerning the CRA, is conducted by a Judge eg. Disrict Judge. County Court Judge.Therefore, to ignore that Courts findings/rulings is a criminal offence. The amended rules in 2015 have huge implications concerning all aspects of trade and public laws. The House of Commons Library is a good source to start your own research.

Hi BankFodder. I am somewhat offended, that you imply, that i do not know what i am talking about, when i said, to ignore findings under the CRA is a crime. Surely those findings are legally enforced? then, to ignore that legal enorcement is to commit a crime.? Briefly,The Legal Aid Sentencing and Punishment of Offenders Act (2012) Commencement No11 order 2015 (s1 2015.504) became law. Thus bringing into effect s85(1)(2)and (4) of the above. Magistrates can now issue unlimited fines for breaches of Public Law. Which includes the Consumer Rights Bill 2015. It is certainly not my plan to, consider converting the lighting system, thus, i have not looked at any costings. I would guess those costs, could be 1/2 again of what i paid for the car. Therefore a guess, so, who knows?