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Brownguy53

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  1. Huh? No a member of cag helped me and asked not to be named.I dont speak with halfords and this case was ended a few years ago I just never really logged on since but wanted to update everyone so that others who suffer mistreatment can GI forward and use this as an example
  2. Hi I have replied by pm on who helped me but please can you not share who it was as they specifically asked me not to name them and I do want to respect their wishes and without all of you I would not have won so I would Like to thank you all. I did get the full 1900
  3. hey just to update everyone, I did win the case..well in a way. Halfords lawyer rang me about 3 weeks before the trial date and stated there client was 'desperate' to settle this outside of court. Their lawyer did try and trick me with a confidentality claus but thanks to a great member on here who has asked not to be named they spotted this clause and i told halfords it needed to be removed, they did remove it..got a cheque for the amount i wanted which was suitable to replace the vehicle a week later . Morale of the story if you know your right go with it..big thanks to everyone on CAG who helped me win
  4. Well Halfords's solicitor tried to call me yesterday regarding my letter sent to them re-the BBC letter and they've made me another offer to update you all of £1825 now. They also mentioned Halfords want done with the matter and that it would be agreed in a Tomlin Order. I understand what all of you are saying and such about the he/she said stuff but, my claim is for roughly £3300 in total. So £1825 is a bit low. I also accept what your all saying that maybe an IT expert won't be accepted by the court in terms of cost, but the claim can go up to £5000 in small claims court from my understanding and as i did not send this BBC alleged email, perverting the court of justice is very serious and if I'm not allowed to pay and split the costs of a 50/50 IT expert then I will source one and make them a witness for the matter and add their expenses to the court claim as I feel this is fair, unless of course like you all say Halfords withdraw this allegation.My credibility of character is at stake here and in a court of law that means alot if this goes to trial, so its important this issue is addressed.At the end of the day with it being Xmas eve now, a tomlin order will take 3-4 weeks, by then we're talking the end of January lol..so whats the point really? i may as well go have some fun and let it go to trial and get the full amount as the trial date is Feb 2016..
  5. Halfords have rejected my £1900 offer said its £1750 or court. I did not send emails of the nature they state and to be honest I will prove it and that they have created these emails IMO! I can't prove it (that they created them as a dustraction but I know its true!!) but I think its some smog to take the heat off their weak case , and I am even tempted to going to say to them will they pay for an expert witness or go 50/50 on an expert witness to analyse my mobile phone/laptop to prove that the emails were not sent by me.
  6. They wouldn't be making offers if they weren't scared..they've let this go on 1 year so whats 2 more months to me? No skin off my back. If they want to create fictional fraudalent emails to blackwash a judge good luck to them as I'll be getting a detailed report from my Internet Provider including my IP address matched to that of that alleged email when as per above I get the email back from them..to prove I have not sent it and nothing to do with it, one thing I am not is a liar. Also will do the same for my mobile phone..and when I prove I have nothing to do with this alleged email I will be asking for a apology from them. I think Halfords will make another offer, last time they said no offers blah blah after mediation..then now they come with another offer. So they talk rubbish and change stories constantly..I won't be bullied by anyone..going all the way!
  7. Well what you all say is true I assume, but I've addressed their rubbish allegation now, probably of which theyve created IMO.
  8. Friday 18th December 2015 Dear Sirs, Not without prejudice Further to my email sent today. I am now writing to raise the issue of an alleged BBC E-mail. I have already told the mediator at mediation (without prejudice) - as you may surely know - that I have no knowledge of any BBC Watchdog email. I require to know where you have got this information and I require you to disclose a copy of the alleged full email to be sent to me. It is an extremely serious allegation that I am attempting to pervert the course of justice, in this way. I require you to provide me with whatever evidence you claim to have which established that such a email has been sent and that I am implicated. Frankly, I take this as a desperate attempt by you to bully me into dropping a claim against you which you have no hope of defending when we get to court due to the strong audio and video evidence I have alongside my court bundle evidence. Please notice that this letter is being sent to you NOT without prejudice and this means that I shall be informing the court of your serious allegations and I shall be asking the court to demand from you the proof I am requesting in this letter. I notice that you have attempted to use the without prejudice device in order to make these allegations and yet to hide them from the court. Both the court and I fully understand - even if you do not- that without prejudice is only used in respect of negiotated offers and not to hide these kind of allegations from the court. Therefore, I shall be producing your letter with your allegations to the court and I fully expect that the court will be prepared to consider the contents of your letter because of the way you have attempted to manipulate the without prejudice rules against a litigation in person who I suppose you imagine must not know any better. In terms of your most client’s most recent instruction, you will have to tell them that I will see them in court unless they can come up with a REASONABLE offer – and by the way, you are effectively proposing a Part 36 offer which is not applicable to the small claims track as you well know. I am confident that in view of the evidence I have, your latest attempt to scare me off with false accusations and also your quasi-part 36 offer, the judge will see enough merit in my claim and the way that I have conducted myself reasonably as a litigant in person, to apply the usual part 27 rules. Yours Faithfully,
  9. Yeah Eversir going to see what they say now really and have a good think, but you all raise good points. Thanks for the advice and help everyone...unsure what to do moving on but will have a deep think..if they give £1900 will settle..
  10. l..ive emailed them and said this.. Dear xxxxx Firstly, I am sorry if Halfords felt I was being overzealous in refusing their witness and if you did Mr xxx also, but I do not know what words have been exchanged by Halfords/xxxx in agreeing a expert witness and this is all of which the context of my email referred to, in the same advice put forward to me at the preliminary hearing and no accusation was meant towards Foot Anstey to being dishonest. Secondly, the failure to meet the Court's deadline for agreeing the identity and cost of an expert is not as a result of myself I feel, as I wrote to the court of which I have proof of postage for, to ask that the expert witness who had witnessed and seen the car's condition on return from Halford's Autocentre Nottingham could be made an additional witness as I felt this was a important witness to the case. I have had no correspondance from the court regarding this and I have been awaiting a response. I further emailed the courts directly regarding the expert witness as stated, which of my understanding is that of the same context of a letter on the 23rd November regarding the expert witness and again had no response and have been awaiting a response from the courts for. Subsequently I responded to your email of an expert witness offer within 14 days (as I replied on 2nd December 2015.) Therefore as I did not recieve the preliminary hearing dates and notes from the court and only the final trial date, I responded within the earliest timeframe I could, considering that I work in a full time professional management position. I therefore feel that my advice for for an independent expert was provided to you in good time considering the above and research that must be done,therefore no fault of my own. Despite this,I can confirm that the car's condition is exactly that of what Halford's Nottingham's Autocentre returned it to me (of which I have photographs and videos of taken at that time). I note that at the preliminary hearing, I asked the judge if I use special equipment for the final trial and If I may use video and audio evidence and he granted me this permission after explaining the context of why this evidence would be required and this was granted on the basis that I submit these to you two weeks before the trial, I will of course keep to this and submit this with my court bundle to you. As asked by the judge at the preliminary hearing, the car has been kept under my carport in a locked driveway and been SORN since the return of the vehicle due to the damage it suffered from the overfill and the fact I did not want to touch the car any further. I can also confirm reciept of the reviewed 14 day offer of a settlement also which is of course without prejudice I note. I am as a gesture of goodwill also under no acceptance of liability and without prejudice (that of the same of Halfords as to save costs involved), willing to be open to any reasonable offer to resolve this matter out of court as per the Protocols set out under the Small Claims Court rules. Therefore are Halfords/Foot Anstey open to consider a final and full settlement offer of £1900 of which I will sign a settlement agreement. The justification of context as to my offer is that I also have suffered a loss from the promised taxi journey (promised by the claims handler- Charles at Halfords at the time of the matter) of reimbursement to pick the vehicle up from Barnsley Cortonwood Branch from the 'gesture of goodwill' repair conducted by Halfords, I emailed these costs to Halfords/Customer Services as was originally agreed with this Halfords employee at the time and did not recieve any response. Further to this on return of the vehicle from Halford's Nottingham Autocentre, I had to tow the car back to my home to store it under the carport as Halfords would not return the vehicle to me although it was my property and I thus suffered a loss on the cost of this towing. If the matter had been resolved correctly I would not have suffered the above costs and regardless of acceptance of liability, these costs have been incurred to me unfairly. I feel that my full and final offer is extremely fair and i note it is only £150 more than Halford's/Foot Anstey's offer. I am happy to supply reciepts to justify these costs if the need should arise as they are already in my court bundle. If you could reply at your earliest convience that would be beneficial. Regards xxxx
  11. 1750 is what the car was worth and I would ask for you guys at CAGS help now, as in my reply should I not be saying that I was not sent the hearing notes from the prem hearing with dates and that I did email and write to the courts? My understanding was a email was that of the same of a letter. Moreover unsure on what you guys think about this 'unreasonable behaviour' argument they are bringing. Am slightly unsure as to who sent what emails but can only assume it's someone who was a troll or doesn't like Halfords? I have suffered a short loss of earnings, the towing cost and also the original petrol costs that Halfords promised for picking the vehicle up next to that of the car value..
  12. i've then had a second offer made to me in reference to the case in this email: Without Prejudice Save As To Costs and Subject to Contract Dear Sir Claim No: XXXX We write further to the previous without prejudice discussions on this matter. In short, our client denies that it is the cause of the extent of the engine oil overfill suffered by your vehicle or any subsequent damage as alleged (for the reasons set out in our client's Defence). Consequently, our client does not therefore accept that it is also liable for the expenses that you have sought to claim as a result. Notwithstanding the above, our client is willing to look at this matter commercially given the costs of proceeding to a trial on this matter. Therefore, on a purely commercial basis, our client is prepared to settle this matter by way of a payment to you of £1,750 by way of a full and final settlement. Should you refuse this offer, our client reserves its right to bring your conduct in this claim to the Court's attention including in relation to the matter of costs (even though this is a Small Claims Track matter, the Court still retains a jurisdiction to impose costs sanctions on parties that have behaved unreasonably – Rule 27.14(2)(g) of the Civil Procedure Rules). In particular, we are referring to the email purporting to be from CAG/BBC's Watchdog alleging that our client is being investigated in this matter. The BBC has confirmed to us that this email is not genuine and was not sent by the BBC/ Watchdog/CAG. Our client can therefore only conclude that this was a misguided attempt by you to put pressure on our client. Our client reserves its rights to submit to the Court that this constituted unreasonable behaviour on your part. Please confirm whether or not our client's offer of £1,750 is accepted within 14 days of the date of this letter. If it is agreed, we will forward draft terms of settlement for signature. If the offer is not agreed, our instructions are to attend the trial to dispute both liability and quantum. Yours faithfully
  13. I got an email about 1 week later offering me Halfords witness who was £600.00. I did not get the judge's written hearing notes from the preliminary hearing, so ideally I was aware that dec/january was the time the car needed to be done by by request of the judge. I therefore wasn't sure how to proceed and did write to the court asking them if I could make my expert witness a normal witness and I had no reply and on 23rd November emailed the courts asking for advice on wether I had to accept or reject Halford's expert witness offer,of which I had no response. I have done what Ford sent yesterday and last week sent Halfords this email of an offer of another witness and have received this email today: Dear Mr XXXXX Firstly, any suggestion that any expert put forward by us has been offered an incentive or is not independent of us is unfounded. Secondly, the failure to meet the Court's deadline for agreeing the identity and cost of an expert is not as a result of our client. Our client's suggestion for an independent expert was provided to you in good time before the deadline. You reverted after the deadline had passed and indicated that you had written to the Court requesting an expert. Notwithstanding the above, we are prepared to agree your proposed way forward by the instruction of My Car Inspections. We have contacted them this morning. They have confirmed that fees can be firmed up upon receipt of instructions. Further, they have also confirmed that the vehicle will already need to be in a condition such that it can be inspected without the need to be stripped down in any way. Please confirm the condition of the vehicle. We anticipate being in touch early next week regarding the instructions to the expert. Yours faithfully XXXXXX Associate
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