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    • The OP could call Express to see if they will withdraw the claim if she restarts her claim and just pay the court issue fee.    Then everyone is a winner! 
    • Hi Stormy   I do wish you good luck but I'd urge you not to get over-optimistic about a letter from your GP having any bearing on the outcome of this.  I do not share London1971's view that such a letter will assist you in defending the claim against you - unless you are suggesting that the diagnosis is so bad that you aren't functioning - in which case you probably ought not to be working.  Is your GP going to say that you can't be held liable for a breach of contract, but that you're perfectly OK to continue working and to make significant decisions in other areas of your life?  I don't know.   Also, I'm uncertain where the question of bullying and harassment first surfaced in this thread.  You engaged them on a NWNF basis to pursue a claim for you.  Apparently they contacted (or attempted to contact) you a lot - certainly more than you felt necessary or were comfortable with, and you ended up deciding to discontinue the case.  But were they harassing you?  Again, I simply don't know because I wasn't there - only you were.  Most people complain that they don't have enough contact from their solicitors, not that they are being harassed by being contacted too often.  [EDIT:  I also think most people would associate "harassment" with behaviour that is in some way harmful or damaging to the recipient, and not with a situation where the alleged harasser is trying to act in the other person's interest and to their benefit].    And I'm not sure where the bullying comes from?  They're suing you because they think you are in breach of contract and that you owe them the costs and expenses they've already incurred - and that they cannot now recover from the other party because you decided to discontinue the case.  I'm no particular supporter of law firms but, unlike some people, I don't have "anti-lawyer" as a default setting.  If they've genuinely incurred costs acting on your behalf and in your interests, then I think they've got a more than fair case to recover those costs.  Threatening to sue you or actually suing you isn't necessarily bullying.   I honestly think your best chance of success is questioning the level and extent of costs and expenses they claim to have incurred and try to reach a mutually acceptable settlement.   As I've said before, I'm not intending to be critical of you in any way and I'm really sorry that all this (the original accident, hassle with the lawyers and now them suing you) seems to have contributed to all the stress you have to bear.  I'm really just interested in ensuring that you can see this problem from all points of view and that you don't place too much reliance on an approach that I think has only very limited chances of success.  (But of course - as London1971 has pointed out - there's no harm in getting a GP's letter anyway AND preparing a legal defence like BankFodder is suggesting AND preparing to think about settling.  They aren't all mutually exclusive and you should keep as many irons in the fire as you can.  Use belt and braces and don't just rely on one).   Anyway.  Good luck.  I'm frequently wrong and you may win outright!
    • I would go with the following....please feel free to amend or add.   WITNESS STATEMENT OF Baycloves.pdf  
    • I think it would be prudent to stick with a realistic objective and that is the hundred and £69 which you you can apparently support by means of evidence. You originally said that you could have sold them for four times – £400 and I think this is certainly unrealistic. If you had some official evaluation of the books from an independent source then you would have stood a good chance but as the books have gone, I think your fallback is the £169
    • Hi  I don't have an issue going all the way - The only question I would have would be whether I could expect to recover the resale value or whether it would be best to concede this is unlikely. I can prove to some extent the expected resale value but not as readily as the prices originally paid. 
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Shopgirl31uk

Do I have any rights, when sold without a warranty

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Hi there my name is Kerry and I hope you can give me some advice.

 

I recently bought (19/06/2009) a renault espace from Beech Motor Company for £2800 for my growing family, and on initial inspection everything looked fine, even had a test drive in it and it was great, so we bought it and was given a receipt which says on it trade sale, no warranty. Anyway on the motorway back home on overtaking a car the car just cut out and warning signs came on which is so frightening when you have children in the car!. We rang the garage back up and he said get a quote and give me a call back, so a few days later we take it to a garage who said it could be a valve on it needs replacing. So we ring the guy back up and he said well after speaking to his boss theres nothing he can do because it was sold with no warranty. So anyway we thought ok thats just one of those things well know for next time. Anyway the guy at the garage is now saying its not the valve, thats ok, its the injectors which will cost around £1500, are they aloud to sell a car like this and where do we stand on getting our money back or don't we, please help!!!!!!

 

Thankyou

 

Kerry

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Hi

If it was Sold As Seen. Nowere

Did it say that on your recipt.


My advice is based on my opinion and my experience. It is not to be taken as legal advice as I am not legally qualified

If my advice has been helpful, please take a moment to click on the scales

on the bottom left hand side of my profile :p

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Give your local Trading Standards a ring


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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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Sold as seen what a load of c**p, regardless of wether the car had a warranty or not the garage has a legal duty to ensure that the vehicle is fit for purpose. Sale and Supply of Goods Act 1994 states:-

 

Where the seller sells goods in the course of a business, there is an implied term that the goods supplied under the contract are of satisfactory quality.

 

Breaking down not even 24hrs after purchasing the car is not something i would regard as satisfactory quality!

 

Go back to the garage with a copy of the Act if need be and tell him to fix it

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For the purposes of this Act, goods are of satisfactory quality if they meet the standard that a reasonable person would regard as satisfactory, taking account of any description of the goods, the price (if relevant) and all the other relevant circumstances.

 

I'm assuming the seller didn't advise you of any faults with the car before purchase, if he did and you still purchased it then you may have a problem

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