Problems with goods - letter before court action

This advice applies to England. See advice for See advice for Northern Ireland, See advice for Scotland, See advice for Wales

Introduction

You can use this letter to warn a trader that you're thinking of taking court action to sort out a problem with faulty goods.

If a trader has not responded to any of your previous letters of complaint or has stopped responding to your complaint, your next step might be to take court action.

Going to court is the last resort and you should always try to find another way of reaching an agreement first.

You and the trader both have to do specific things to try and resolve the issue before it goes to court. These are set out in guidance known as the 'Practice Direction on pre-action conduct and protocols'. You can read the Practice Direction on the Ministry of Justice website.

If you do go to court and win, you might get more compensation if the trader didn’t follow this Practice Direction.

For more information about when to send a letter before court action, see Step one: Write a letter before action.

This template is for guidance and might not suit your specific situation. If you need more detailed advice and guidance, contact the Citizens Advice consumer helpline.

Sam Hoolin

8 Park Avenue
Arlton
AL1 4CA

sam123@mail.com

01632 960001

Giltham Traders

24 Station Road
Giltham
GT16 3LP

23 July 2024

Letter before court claim

To whom it may concern,

Re: faulty washing machine Indesit GX345

I have not received a reply to my letter dated 22 October 2022 regarding the faulty goods which I bought from you on 7 October 2022. This letter explained what is wrong with the goods and why I am entitled to a refund.

I am once again requesting a full refund of the purchase price of £85 on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015. I enclose a copy of the proof of purchase.

I would like a reply as soon as possible so that I know you have received this letter. If you don't agree to the refund, could you please then send me a detailed response saying why you don't agree.

To avoid taking court action, I am willing to use Alternative Dispute Resolution to resolve this problem.

If I do not receive a satisfactory response from you within 14 days of the date of this letter, I intend to issue proceedings against you in the county court without further notice. This may increase your liability for costs.

I refer you to the Practice Direction on pre-action conduct under the Civil Procedure Rules, and in particular to paragraph 13-16 which sets out the sanctions the court may impose if you fail to comply with the Practice Direction.

I look forward to your acknowledgement.

Yours faithfully,

Sam Hoolin

Enc: copy of proof of purchase

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