SOGA how much is the chance to win a court case

[sailor sam]

No, I meant him sending the OP a copy of his defense. I fully agree that the OP has an excelent chance of winning but winning and recovering the money may be a while apart. This rouge is likely to drag things out as long as he can.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[Conniff]

Oops - I mis-read you.

 

Yes agree, report it to the court

[aradam]

I will phone them today, both the court and trading standards, I have the idea that the Seller doesn't have a clue about courts and rules and sticks his head in the sand, of course I can be mistaken.

When I look back he gave me the impression to just buy and sell cars via the internet without thoroughly checking them.

By the looks of it sold my old car through without doing anything about it, but with my new car he run into a problem because it stopped running and now he doesn't know how to deal with it, but I can be completely mistaken.

[aradam]

I still didn't receive the defense, I had some problems receiving some mail lately, I didn't receive my damage report and my insurance papers, I hope my defense will still arrive today knowing my luck it's probably lost in the mail to.

It is sent of from Northampton on Monday, I called the Milton Keynes court, and the said they didn't receive my case jet and expect it next Tuesday, then they can sent another copy off, I would be quicker if I walk there and collect things my self.

Staying calm is an art !!!

[Winnie Wotsit]

If the dealer is using a lawyer then they have a range of tools at their disposal to stall, adjourn and frustrate. regardless of how long it takes.

 

Case's can be set aside for the most irritating reasons, and points of law can be raised, chewed over and discussed for what seems an eternity. If your dealer is on an hiding to nothing, he can use any of these tactics to force your arm into throwing in the towel ( because that's all he has ). The law will run its course in order to see justice done: That's the basic rule underpinning the courts ( including family law where time is of the essence ).

 

So sit back, relax & make sure all your paperwork is in order, and remember the man on the bench is referred to has 'Sir' not your honor. I've taken a few case's to court and the quickest took 10 months and even then I still never got paid. I just threw more money at the case to place a CCJ on their CRF. The longest took over 2 years.

 

I learnt very quickly, that these things cannot be rushed if the other side is using a lawyer and playing the stalling game. I would suggest you need to prepare for the long haul even though you may be lucky enough to get it sorted quickly.

 

 

BUT ! Do not read into the rules too much. Just because someone submitted evidence a few days late does not mean the judge will refuse to use it. I've had evidence presented to me on the morning of a case and the judge let it be used. It's only if it reach's the high court you have to adhere to strict timetables and court directions. The small claims has a lot of flexibility to take into account the people who use it.

[aradam]

Hi Winnie,

 

Thanks that set my mind to rest, ah well, the summer holiday is nearly to an end and I'm loosing wait what more do I want, hopefully next summer we can treat our kids to a Holiday, see if I can safe up a little bit and buy an old banger in the meantime, if that engine stops I'll just throw it out.

But to be serious, I don't know if they have a lawyer, but he is wrong, I gave him enough chances to bail out, he has £4000 that belongs to me so I want it back.

I am 5 years in the UK now and I lost so much money because I didn't bother to go after the vultures now it's time to stand up for myself and get my money back.

I bought that car with my last savings so I could go forward for a couple of years and that is what I attend to do.

[Conniff]

Morning Rob,

 

Were you told that the car had been serviced when you bought it ?

 

Why did you change the glow plugs ?

 

Why did you change the windscreen ?

Edited August 21, 2010 by Conniff
Post changed after viewing PM

[aradam]

No he didn't tell me that, I changed the glowplugs, because in the maual said thet they needed to be replaced every 60000, he didn.t have service history exept a couple of documents and an oveview of some mot's printed out, there was a crack in the windscreen when I bought it he promised me to repair it and when I collected the car the crack was still there, he told me he didn't have time and sold me the car a bit cheaper.

he had some prints of a garage, 29/07 of a couple of repairs of an oil sensor the drivers window switch and a visual cam belt check, so I had the idea that it wasn't serviced and according the computer a service wasn't due in another 12000 miles, so that I did some preventive maintenance.

 

 

did you get the defence per pm?

Edited August 21, 2010 by aradam

[Conniff]

Yes got the defence ok.

 

How much did he reduce the price because of the windscreen crack ?

 

Did it cost you more to replace than the reduction ?

[aradam]

As I remember correctly he told me that it wasn't due to a service within 12000 miles, he repared the windscreen that was locked in upright position before I collected the car.

[aradam]

Yes he told me it was £50 and I had to pay £75.

[Conniff]

You said you had the windscreen 'replaced', was it replace or just repaired ?

[aradam]

No it was replaced because it would be an mot failure

[Conniff]

So he reduced the car by £50 and you had a new windscreen fitted that cost you £75 - is that correct ?

[aradam]

Yes that is correct

[Conniff]

Ok got that.

 

You also say '11 months' MoT - did the car have a new MoT when you bought it or did you have the MoT done ?

[aradam]

I had the mot done

[Conniff]

Now the servicing.

 

You were told that the car didn't need a service for another 12,000 miles, was there any documentation to back that up ie a stamp in the service book ?

[aradam]

Everything done between the sale and the brakedown is:

 

Oil service (oil and filter) by local garage

Timing belt and tensioner change by local garage

glow plugs Done by meself

Air filter Done by myself

 

Mot failure on brake pads and steering gator, as disks were nearly gone to i had the

front disks and pads and steering rack gator replaced by the local garage

[Conniff]

I'm trying to get at why you felt the need for an air filter, oil filter and oil change.

[aradam]

I had one 30000 service in the book and a left hand front wing repair.

and an invoice at 55000 for decoding the radio, a cambelt check, they locked the window in the upright position as temp repair, and a code check that showed a fault with the oil sensor, and they payed only for the decode service and the diagnostic check.

 

there is a second invoice at 55079 for an injection light warning and that was the injection pressure sensor.

to be honest I forgot about that, the car still had this problem, I ordered a pressure sensor via ebay for £7 and that cured the problem.

[Conniff]

So there is 'no' service stamp in the book after 30,000 miles and 'no' documentation saying that the car had been serviced after 30,000 miles ?

[aradam]

As I was not sure about the services, I found it better to see with my own eyes that the car is sound and safe, it might be a habbit of me I always used to buy quite old cars and bikes, the first thing I allways did as prevention is service the car, so all vital things are protected, nice and new oil, with bikes I always changed the brake fluid and the cooling liquid, iguess to give it the best start and I had a good feeling of being safe and protected

[aradam]

yes that is what's in the book

[Conniff]

It is very sensible to have a service done as you can never be sure that the paperwork is correct.

 

You were told by the seller that it didn't need another service for another 12,000 miles ?

 

Was the air filter dirty and looking as though it hadn't been changed for many miles ?