SOGA how much is the chance to win a court case

[aradam]

There is something I don't understand, a judge is in general not a car expert, they wanted this investigation to find out what caused the breakdown, with all respect for the judge, they might not know what an oil feed pipe does and how and if it gets blocked.

The defendant is guessing about the cause of breakdown.

His evidence is print outs of forums where he asked if it is wise to do an oil flush to a 65000 mileage Renault Scenic.

In accordance to soga he has to proof that the car was in a good state at the point of sale,he is guessing, we know exactly the same as before the inspection exept the amount of damage.

So how do I respond, the pressure is on the defendant, although I don't feel it like that.

[aradam]

Hi Heliosuk, I sent you an email you might have not got the notification, statement sent to court by the defendant can you please have a look at it , my court date is the 15th and I am trying to create a list with explanations and insights in the case I have to defend things, although I am not the defendant.

[heliosuk]

I did get it and am at present considering a suitable response. They have obviously picked up on the same said thing I was worried about but all is not lost. I'll respond in the next couple of days as rather a lot on at the moment. Get the usual crew opinion as well. I'm a bit worried that perhaps the 3rd party is seeing some of the public comments at the moment as not many people know about what I have pointed out as being a potential weak area.

[aradam]

I sent a copy of my reply Statement commencing on the expert report to the defendant

[sailor sam]

Good, keep us posted but I doubt you will hear anything before the court date now. Gather your thoughts in the meantime and make notes for yourself to use (if necessary) in court. compile a list of questions that you know will lead the respondent into giving false answers which you can confidently challange as being lies. For example; 'When I (the applicant) first informed you that there was a problem, what assistance did you offer?' Follow up question (we know what his answer will be); 'Under the SOGA, it states that the seller has the right to inspect the goods and where necessary rectify.... can you explain why you chose not to do so?'

 

Over the next week or so, I will suggest a few more and perhaps Conniff will to. You questiions should be designed to lead the respondent into either addmissions or giving false answers which you can easily challange.

[aradam]

Thank you Sam, I was planning something like that, I am still waiting for a reply off Heliosuk, but he is very busy at the moment, we still have till the 15th though.

Another fact is, and tell me if I am wrong, that there is no proof of the defendant about the state off the car when he sold it to me only assumptions what could have been and what is likely to be.

[aradam]

Hi guys, if you have any tips or questions I can ask at the court case, it is the 15th, I am starting to prepare now I sent a list of possible questions I can ask the defendant based on the Statement commencing on the expert report.

In accordance to the judge they want a verdict the 15th so I expect them to go into the matter to come to a judgment.

I don't have a clue how this works, Kimbo has been in this situation.can you tell me what to expect?

[aradam]

Hi Sam I have an updated defence but yourmailbox is full

[sailor sam]

Hi Sam I have an updated defence but yourmailbox is full

 

Cleared some space now. Can't help being popular!

[aradam]

I filled you mailbox again

 

Thanks

[aradam]

I sent the last updates off new found evidence to court and the defendant, he bought the car on ebay from the previous owner and one off the main problems was listed and not solved

[sailor sam]

I have PMd you. Unfortunately this new info may have come a bit late because all relevant evidence will need to be served to the respondent in advance of the hearing for him to consider. Having read it, it does appear to be very crucial and it would be entirely up to the judge whether he would allow it to be used or not.

[aradam]

I sent the report per mail to court and received a confirmation, I called court if I had to bring the papers by so they have it in writing, they said I didn't need to because if you have confirmation the information will be added to the file.

[sailor sam]

PM sent. Don't forget to serve the respondent copies. When he sees the Ebay evidence, it may change his stance!

[aradam]

I got a statement from Renault uk that a turbo is not a wear and tear item, I sent this right away to court and to te defendant, hopefully they will still take this as evidence, now it is waiting till Friday afternoon

Edited April 13, 2011 by aradam

[aradam]

Tomorrow court again. Although it looks a bit better, I am still dreading it

[aradam]

Sam/Conniff

 

When I am home I will send you the latest questions for tomorrow adapted to the new evidence, I hope you are able to comment on it, and by the looks of it it will be the big day tomorrow, the judge told me she didn't want to delay it anymore, the only reason for a delay I can see is that there is no specific evidence that points out why the car broke in the report, but hopefully the new evidence will undo that.

[sailor sam]

I've seen the letter from Renault UK and I think this will also help your case.

[birdyboy]

Good luck for today!

[aradam]

Soga? what a joke, the judge completely ignored soga the judge said I was the claimant and I had to proof the car was in bad state when I bought it and the damage report was not concluding case dismissed, so crappy car dealer rip everybody off you win anyway.

He didn't even bother with the rest off the evidence, cheers

[aradam]

Can somebody enplane to my why a judge looks soga up in the law book warns the defendant that he has to proof the car was in good state at the time of sale requests a independent evidence report and sets a new court date, I base my evidence on this and at the next court date a different judge completely ignores the first judge and uses the evidence against me?

Please respond is there a solicitor reading this that dares to appeal for me I feel betrayed disappointed, there is no justice here in the uk.

[aradam]

In my first hearing the judge quoted SOGA from the law book and warned the defendant that he had to proof the car was fit for purpose at the time of sale, after absolute being treated unfair by the dealer.

The judge ordered an independent investigation and set a time for a second hearing.

At the second hearing we had a different judge to my devastation he just looked at the expert report and asked me how I could proof anything from this report, I politely told the judge that I thought the other party had to proof that the car was fit for purpose and that the former judge quoted the soga.

The answer of the judge was that i was the claimant and I had to proof the car was not fit for purpose and he dismissed the case.

How do I turn this around, after putting all my money in the case, I am devastated angry and disappointed and feel abused by the system.

[BankFodder]

Were you given leave to appeal?

 

What is the value of the claim - and of course we would need some details

[aradam]

It is all explaned in my other thread SOGA How much is the chance to win a court case it handles for a claim of £3500

[BankFodder]

Well, we have over 260,000 threads on this forum so you will have to link me to your one.

Also, it is unhelpful to start a second thread on the same issue