Ed Dowding Mead House Stockbridge Hants SO20 6EU [email protected] +44 7775 791814
9 January 2026
Mrs Katie Wiborg Legalsolutions4u 33 Kingsway House Team Valley Trading Estate Gateshead Tyne & Wear NE11 0HW
By email: [email protected]
Dear Mrs Wiborg,
RE: Auto Wheels Car Sales Ltd — CF17 VBB Your Ref: KW/2512748
Thank you for your letter of 8 January 2026.
I note that your client has acknowledged the cruise control issue and offered to carry out a repair. However, your letter addresses only one of the four breaches set out in my correspondence. For the avoidance of doubt, my claim relates to:
- Cruise control — advertised but not fitted
- Mileage — advertised as 80,000/82,000 miles; MOT dated 11 August 2025 recorded 82,736 miles; odometer showed approximately ~83,860 miles at purchase
- Tyres — advertised as “nearly new tyres all round”; actual tread depths were approximately 5mm front and 6mm rear (mid-life, not nearly new)
- Boot storage box — defective, requiring makeshift repair, not disclosed
Your letter makes no reference to items 2, 3, and 4.
Remedies under the Consumer Rights Act 2015
I note your client’s reference to the right to repair under Section 23. However, this remedy is only available where repair is possible.
For the mileage discrepancy, repair is impossible. The vehicle has the mileage it has. The advertisement misdescribed this. Under Section 24(5)(b) of the Consumer Rights Act 2015, where the consumer can require neither repair nor replacement, the consumer has the right to a price reduction.
The same applies to the tyre condition. Tyres advertised as “nearly new” but delivered with approximately half their tread worn cannot be “repaired” to match the description. Again, the only available remedy is a price reduction.
Your client’s offer to repair the cruise control does not address these other breaches, nor does it extinguish my right to a price reduction for the elements of misdescription that cannot be remedied by repair.
Proposal for Settlement
In the interests of resolving this matter without further cost to either party, I am prepared to accept £900 in full and final settlement of all claims arising from this transaction.
This represents a reasonable compromise. It is less than my original claim of £1,200 and avoids the need for your client to arrange and pay for a cruise control retrofit. I will make my own arrangements for the cruise control should I choose to have it fitted.
This offer remains open for 14 days from the date of this letter (until 23 January 2026).
If Settlement Is Not Reached
If I do not receive confirmation of settlement by 23 January 2026, I will:
- Issue proceedings in the County Court without further notice
- Seek recovery of the court fee and any other costs the court permits
- Provide the court with the full correspondence, including your client’s failure to address three of the four breaches raised
I would remind you that the court may take into account the parties’ conduct in complying with the Pre-Action Protocol when considering costs and other matters.
I remain willing to engage with Alternative Dispute Resolution, including the Motor Ombudsman, if your client prefers that route.
Yours sincerely,
Ed Dowding