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anvesh

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  1. Thanks Conniff, I now have come to second reply time (His legal advisor sent reply). Looks like I am going to face his lawyers should it go to Court. This means certainly they will scrutinize each of my action with magnifying glass, Not that I'm backing off though. (besides at the very least I will have satisfaction that I would at least make him pay some legal bills irrespective of outcome) Just that I should be more prepared for their playing with the system like delaying the defense till last date, also may be ask for set asides, use other means to avoid payment even after win etc. The defendant alleged that 'Water damage caused by me during my possession' gives him immunity from SOGA. (A point he never brought up till the response to my first letter of asking for payment, and did not provide any reasonable evidence to that). When I got second opinion from another garage about whether his way of expensive repair is the only way for Air Conditioning Compressor fix, other garage person laughed off and said he could actually bypass entire A/C compressor pulley by using a smaller belt (under £40) except that I will have no A/C(under those situations it would have been acceptable fix then for me). (Had the seller chose to do this, he would have at least got me behind the wheel on first day itself while he was waiting for 7 weeks for the second hand compressor pulley) I wanted to use this as reason for naming him as part of defendants along with his ltd company as another defendant. Do we know already any cases on this forum that have 2 defendants the person as well as ltd company? What are likely challenges if naming 2 defendants both the director and ltd company? Will judges inclined to give any more leeway to lawyers team than me a common man if it goes to the claims court? Regards, Anvi.
  2. Coniff/Sam, Thanks for your earlier suggestions. Now I have received my car fixed. Albeit I paid for the part which was quite expensive (£450). Between spending more on alternative transport or Alternative repair upfront or pay for him now I choose latter. But I definitely want him to be taken to MCOL or Small claims to recover as much as I spent. as he bullied my statutory rights of SOGA without any reverse burden of proof etc. Should I take him or his Ltd company to Claim? Were there any LBA templates I can use for? I knew even if I win, trader might still find a way to get around not to pay upfront etc. But at least I will have satisfaction I brought a CCJ on his credit report and make him pay for his lawyers court case etc. Anvi.
  3. Sailor Sam, Thanks for the reply. Seller agreed for the repair at no cost (But conditionally) like only if he could find a used compressor pulley (but without any time limit) He's either could not find one such in last 3 weeks, or waiting for me to bite the bullet for accepting to pay for new Compressor. Thanks for letting me know that I can push Court case for repair too., If that's the case I will instead of losing more money on alternative transport, pay for the damn new Compressor, get the vehicle back and then may be Claim him for reimbursement and inconvenience. But this will certainly give him edge in short term, and not too sure I would be able to defend it in court as it's from Betterment. Alternatively, I could wait indefinite some more longer for his free repair, but at his mercy and spending more on transport. (I asked for alternative car during this time, which he has not accepted) (either ways I'm in lose-lose scenario, I thought buying from a dealer gives me a piece of mind., May be not) Anvi
  4. Sailor Sam, Thanks for the quick reply. I think LBA etc is for if I've to take Seller to Court and expect full refund on the Car? (Reject only case?) I'm afraid having driven vehicle for 600 miles and 40 days I can't reject it for full refund now. Also Seller is getting immunity from SOGA by accepting to repair the vehicle. As court case etc would take lots of time? and me personally have to attend them without a car is a big trouble, I might take that route only in inevitable. (if his repair is faulty, and I'm still safe and in one piece to reject the car) Only thing though is he's Idling it, he's like either I pay £500 for the new Compressor pulley (which might or might not fix it) or wait indefinitely till he finds one accident car with that spare intact. In the last email I sent him, I specifically pointed out his Seller duties of After sales services in oft1241.pdf doc on reasonable time fix, and that seems to be aggravate him and from then stopped even responding to my calls!! So wanted to know is there any time limit of the repairs the sellers should do it by? or I'm at mercy with dealers like this who infer It's My way or Highway? Anvi
  5. Hi, I have bought Toyota Corolla Verso, 54 plate on last week of Decemeber 2013. Within Feb 2014 first week it broke down. AA recovered it. (Air Con compressor Pulley fallen off and with it Belt came off) Spoken to the seller, he asked me to tow to his Garage, Spent £60 to tow it next day... Seller calls me back saying it's not covered on Warranty., He's looking for second hand replacement kind of.. from then on I was spending on public transport around £40 a week for family and by this weekend it costed me £160... However whichever email I send him to know update he does not reply., from last week he stopped answering my phone calls.. So After spending £2800 on a car and traded in my 51 plate Suzuki Liana (Which was still good runner for £300).. I'm now left with no car no information. Not sure what to do., As seller agreed to repair but making me at his mercy!! I need car desperately. Any suggestions how to approach? Anvesh.
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