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SwanG

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About SwanG

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  1. I've been meaning to log on and give folks an update. I won! From the moment I walked in I sensed that I would. The judge guided everything along nicely and refused to get bogged down in the defendant's irrelevant and lengthy defence. She didn't agree to some of my claim so I wasn't awarded to full amount, but enough to make it worthwhile. There were also a couple of costs I think I should have got which she didn't give me. I only got mileage for a one way trip (a 260 mile each way journey). And she did not allow me to claim for £40 airbnb, saying I could have driven there in the morning (hardly!). But other than that, it was a decisive win. Thanks so much for all your input guys. It made all the difference. Now to see if he actually pays!
  2. by the way, some of this may not seem relevant but the main bulk of his defence was that I was not forthcoming with information, and it's laid out to give a precise timeline of what was provided to him and when.
  3. Court tomorrow. I've submitted a long witness statement, but I've attempted to condense the facts. Trying to heed advice and be as concise as possible. He hasn't submitted a statement. Wondering if you guys would take a read through everything I want to say and give me your thoughts. Does it tick off everything it needs to? Could it be even more concise? Any final tips appreciated. Sept 28 car purchased October 24th Car develops a very loud grinding noise in all gears. 25th October Prior to a full diagnosis, I clearly stated to Mr X that if he was unwilling to meet the cost of diagnosis and repair, we would like to invoke our right to return the vehicle for a full refund under the CRA 2015. October 26th Again, I stated in two separate messages that if Mr X was unwilling to meet the costs of the labour, we would like to invoke our right to return for a refund. It’s worth noting that at this stage all parties involved felt that the warranty company would cover the bulk of costs, and we were simply aiming to recoup labour costs. October 27th Mr X emailed me stating, quote “Ok please supply me with a formal quotation from the garage you have instructed to strip the gearbox down we can now move forward closer to a solution. Once received we can then establish the actual issue. Thanks .” October 28th A diagnosis was emailed to defendant (see exhibit X). At this stage it became apparent that the warranty would not cover the repair. The diagnosis also stated that the disc brakes were badly corroded and needed replacing. October 31st (Monday) Invoice and diagnosis sent directly to defendant. AA report emailed to defendant. Defendant contacts garage directly for a conversation. Nov 1st Once again, I outline what I believe to be the our right to return the vehicle. In response, the defendant makes an offer which only represents a portion of the total cost of repairs.. I declined the offer and instructed the garage to carry out work. Nov 2nd Claim filed using MCOL On November 10th I sent a copy of the independent engineers report directly to Mr X which stated that on the balance of probability, the fault existed long before the purchase of the car. I made one final attempt at resolving the dispute outside of court stating that if Mr X were to meet the full cost of the gearbox repair and diagnosis, I would cease legal action and personally cover the cost of the independent report, the brakes and the car rental. As I understand the Consumer Rights Act, there is an automatic assumption that if the fault materialises within a reasonable period of time after the contract was made, the goods are deemed to be defective at the time they were supplied. The engineers report only serves to reinforce this assumption. I gave Mr X every opportunity to remedy the issue in whatever manner he saw fit. He could have arranged to have the car collected and repaired at a garage of his choosing, or taken the vehicle back for a refund as I requested on three separate occasions. There was a period of 8 days from when he was made aware of the breakdown to when he made his first and only offer. I felt this was a reasonable period of time given that my wife was renting a car at a daily rate in order to get to work. Mr X did not provide a returns or repair policy and I believed the costs of repair to be reasonable.
  4. Reading eric's letter he recommends you should state: the claimant has failed to identify who was driving at the time and there is no keeper liabiity in this matter. The terms that are supposedly entered into are not stated in this claim and in any case do not apply for this same reason of lack of identifying who the debtor properly is. The claimant fails to show what the clain is in relation to, whether a contractual charge or money owed due to a breach of contract and if the latter what this breach is and how it came about. As the claim is unclear to its nature and a lack of identification of who the claimant has allegedly formed a contract with I request that this claim be struck out for having no realistic prospect of success. But in my defence my wife has stated that she was not the driver, I was. Does that negate this line of argument? Or is it it still valid because it is her that they are taking to court?
  5. Another goofy question. When I outlined my claim, it was based on an invoice. The receipt is for quite a bit more than I claiming for because I had additional work carried out while it was in pieces. I've now redone the maths, and I've claimed for about £100 more than I should have. None of my original claim amount using MCOL includes costs (travel, hotel, cost of my expert witness, missed work etc.). Two questions: 1. Will if reflect badly on me if I reduce the amount I'm claiming for on the day? I want to be completely transparent and fair in what I'm seeking 2. If I win, I assume the issue of costs arrises after that? Or should I have included them in my original claim (even though I didn't fully know what they were at the time). Do I just bring evidence of these costs? Thanks guys. If I win, I am donating a percentage of it to this awesome site
  6. No I get that. But I thought I read somewhere that you could move to have the case thrown out based their inability to comply.
  7. Okay, letter sent. There was no solicitors firm on the document. It was signed by legal council but said to send any correspondence to a parking eye address. that is where I've sent it, recorded delivery for tomorrow. Can I ask what I should expect from it? What do I do if they don't respond within 14 days?
  8. Also, I'm reading some similar cases trying to prep for the day. While I understand decisions from small claims aren't case law, can I use some of them as examples on the day, if I feel things aren't going my way. Or should I refrain from using law in an attempt to guide the judges decision? This is of particular interest: Barnes v McGrath Evesham County Court May 2011 as no Ts&Cs were defined by the dealer
  9. Thanks. If I win, can I ask for additional costs not included in my claim? I've had to book a hotel and I'm driving across the country - costs I didn't consider when I initially filed my claim.
  10. Okay, okay. I thought I'd buggered it up with my botched defence, but if you guys think it's still worth it. What kind of costs are we talking? I'll send it recorded delivery tomorrow AM. Is the idea that this needs to reach them before the case is allocated to a track? How long does that usually take?
  11. As I said before, because it is not really worth the effort. I work as a freelancer and time is money. When I way up the cost of defending myself (or my wife) - ie. time off, hours of reading, and taking screen grabs of parking signs in google earth etc. it doesn't make any sense financially. It sounds kinda fun, but it's a waste of mental resources. I'll send the letter now, because it looks as though that presents an opportunity to get the case thrown out before a hearing (?), but I have no intention of going to court over this matter.
  12. I'm not scared, but I want to back down if it goes to court!! DX, should I indicate that the defence has been filed or just copy the letter verbatim?
  13. Thanks. should I send the letter mentioned by DX or not? I really don't want this to go to court. My wife suffers anxiety and there is no way she will go, and if I am allowed to speak on her behalf, the amount of money I'd lose by taking a day off work far outweighs paying the fee. But if there is any chance of getting it struck out before a hearing, well then I suppose that is worth pursuing. Can I ask the court to make a decision without my/our presence? As I keep saying, I've resigned myself to paying the fee. If I had more time, I'd love to stick it to the man, but I don't. I just don't want my wife to get a CCJ because I fell asleep for a few hours!
  14. I'm gearing up to attend court this week. Is there any general advice out there on what I can expect/what I can do to prepare. I've attended magistrates court a few times, but really have no idea what to expect in small claims. I feel like the defendant is going to cloud the case with irrelevant information, and I just want to focus on the core issues and the law surrounding it.
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