Team_Awesome Vs. Car Dealer***OVER AFTER LONG FIGHT*** or something to that effect

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[patdavies]

Letter before action giving him 14 days - by recorded delivery then issue proceedings.

 

Do not threaten Court unless you are willing to see it through.

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[ltc1607]

how old is the car and how much did you pay?

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[ltc1607]

was all the work that you agreed at point of sale noted on the order form?

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[godpikachu]

erm, so his entire basis for refusal is that he read your blog where you made mention of trying to get started?.

 

Did your blog contain images or videos of you performing any actual work on the car?.....no it didnt, so basically hes basing his refusal on nothing more than gossip.

 

If you hadnt paid hm for the car and he came asking for the money, would he accept it if you said "well, joe bloggs told me that you didnt want paying for it and said i could have it for free"?....course he wouldnt.

 

 

Issue him with a letter before action giving him 14 days to do what he was supposed to or provide you with 100%, concrete proof of his assertion that you have carried out work on the car and thus damaged it yourself.

state that if he is not willing to provide this evidence to you then he can provide it to the court.

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[godpikachu]

Yes, he says that my comment about starting it the next day along with the fact that I found one of the problems (so tiny that I was gonna sort it myself) a few weeks before the others is proof that I have worked on it.

 

 

ha ha ha, thats bad comedy. So by his reckoning, if a cowboy builder says theyll have the work on your house done within 2 weeks, yet 6 months later its still not done, they MUST have completed it and you are just hallucinating.

 

The last letter I sent had this at the end of it:

 

"I will once again give you the opportunity to settle this matter by giving you the choice of:

 

l Fix all of the problems that are consistent with the work carried out by yourself or on your behalf by another company. I will not accept the car going back to the same body shop as they have already painted the car twice and failed both times to do a good quality job (once before I picked the car up where all the paint flaked off and now this time). I have spoken to Trading Standards who have said that this is a fair request.

l Take the car back and refund me in full.

 

Both of these are fair given the circumstances.

 

If you refuse to do either of these you will leave me with no choice but to settle this through the court system, something which I have gone to great lengths to try and avoid to the point where I have offered you a reduced value refund to try and end this situation without having to resort to legal action.

 

Once again I will give you 14 days in which to reply to this letter before I take further action. This means that you have until the 28th February 2009 to reply before I file a claim against you."

 

Is this not enough for me to file it now, he replied on 26th Feb but he's still not budging? Another 2 weeks wait doesn't fill me with joy.

Yes, thats plenty of warning for him, youve even specified a date by which you want to work done or the refund made, he hasnt complied with either request (both of which are reasonable and legal requests), instead preferring to test you by refusing to budge.

Let him explain to a judge how an off hand remark made on a blog is a true indication of work having been completed, file your claim first thing tomorrow.

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[godpikachu]

could you just post what he sent you by way of a reply on the 26th?

[legalpickle]

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Edited July 13, 2009 by legalpickle

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[legalpickle]

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Edited July 13, 2009 by legalpickle

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[legalpickle]

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Edited July 13, 2009 by legalpickle

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[legalpickle]

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Edited July 13, 2009 by legalpickle

[Team_Awesome]

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Edited July 13, 2009 by Team_Awesome

[legalpickle]

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Edited July 13, 2009 by legalpickle