Car Not Fit For Purpose. Evans Halshaw Refusing to Refund Our Money

[minkymonky]

I took Evans Halshaw to a small claims court and they settled out of court before it reached our court date. They have subjected me to a confidentiality clause so I can't discuss it, but I would advise you to stick to your guns and open a case.

 

 

They use a firm of solicitors called Geldards who are based in Derbyshire, and they are kept very busy by Evans Halshaw customers! Geldards automatically defend any EH claim that comes in to them, and they are fairly bullish in their dealings.

 

 

Get the car inspected by a firm called Deckra. Courts will only accept mechanical reports from approved inspectors and Deckra seem to be the most favoured. You can add this cost onto your claim at court.

 

 

The Court will also be looking for evidence that you tried to resolve this dispute amicably so keep all correspondence and notes of conversations.

 

 

EH have SO many claims against them every year. They only ever pay out on the ones who take it all the way.

 

 

Lizzie

[Conniff]

So you foolishly signed a confidentially clause, that means they have got away with it.

 

 

You didn't have to sign anything, just carry on to court and then it would have been common knowledge and these rip-off used car sales places wouldn't have gained the upper hand.

 

 

You have been taken for a ride my friend.

[minkymonky]

Having a day in court is not always the pursuers primary goal, particularly if like me you are required to travel hundreds of miles to attend the hearing (I did not purchase my car locally).

 

 

Settling out of court is sometimes the most pragmatic solution for people who want to simply be reimbursed and walk away from the stress. I wouldn't want to discourage anyone from settling out of court because of a sense of obligation to expose cowboy traders. Every case is different.

[Conniff]

You do not have to and cannot be forced to sign any sort of agreement that keeps the details of the settlement secret.

 

 

If there is a settlement offer, it can only be because they know they will lose in court, it also costs them less to offer a settlement.

 

 

I know court isn't the primary, getting redress is, but it lets them off scot free to do it to other customers who are attracted by a company that flouts the law.

[Conniff]

And besides, disclosing the settlement even with a confidential agreement means nothing. What are they going to do, Take you to court? not ruddy likely, that would make the national papers which they want to avoid at all costs.

[scaniaman]

Congratulations Lizzie.

I just can't understand why more people don't take Arnold Clark to court, as you have shown it can be done.

Well done.

[ericsbrother]

normally a confidentiality agreement is there becuse one party has paid a premium to buy the silence of the othetr. If all they have done is pay you what you were asking for in regard to the car they cannot sue you to get their money back for the breach as they would still owe you for the car.

This means the gagging clause is meaningless