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Hi all,

sorry if ive posted this in the wrong area.

 

The issue ive had is a bit of an on going thing.

 

 

In a nut shell, ive taken a garage to court trying to reclaim money.

 

 

The issue was that the vehicles purchased were breaking down all the time, they tried to repair the fault but just couldnt.

Then left us completely in the dark and would not help out.

 

We started the legal proceedings and then his communication stated again.

 

 

Hes defended the claim and has literally written a load of lies.

 

 

Its extremely annoying that the fact this isnt even a fair fight now,

and we have no evidence to prove him wrong, well nothing concrete anyway.

 

In his defence letter, he does contradict himself a little, so this will be used to our advantage.

 

What im looking for help with is,

After his defence whats the next steps with MCOL?

Do we just fight the case and hope he stumbles on his lies?

 

I've received a offer of mediation from MCOL and dont feel this can help, or is this a good route to go down?

 

sorry very new to this stuff. any help much appreciated.

 

Kenny

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Mediation is a good idea if you want to try and settle the claim with him (which would agree him paying a reduced amount).

 

Otherwise, you just plough on through the court process and see what happens in court (and obviously make sure you get evidence of the problems you have had with the car). If he contradicts himself there is a good chance the judge will find him to be an unreliable witness.

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Thanks steampowered!

i know ive just posted the thread but. since then a couple of points hes raised ive managed to find evidence to prove he was lying. which im ecstatic about.

The points being - he stated in his letter that he offered us to get the car fixed at a local garage to us (the defendant is 1 hours drive away) he said categorically that we refused and wanted to use him, which is a lie. We did get quotes and our local mechanic has offered to write the statement to prove this.

The other point was that he said a time and date that we turned up to for a refund (which he refused to give us, even though we arranged it with him) he said we turned up within the hour, hence why he didnt offer money. I have work emails and calendar appointments with the director of the company stating that i'd pre arranged the time off to meet the car sales man. This would proved he lied again and that he had plenty of time to arrange money for the refund, which he agreed to (he even states that in his defence)

 

Kenny

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Good news, Kenny.

 

To be honest I'm not sure whether that stuff is relevant. If the car was not of 'satisfactory quality' or 'fit for purpose' and you rejected/returned the car, then he has to pay you a refund. If it wasn't, then he does not. This is what the judge will focus on - the other stuff is interesting but not central to the legal dispute.

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Ok, thats interesting then. Well in that case the AA report we have from the breakdown should be more than enough.

quick overview -

Mrs brought a car, brought it home i noticed the clutch was gone (mrs had only just started to drive), the garage offered to fix the clutch as im sure he was aware of the issue, no questions asked just fixed it. We had the vehicle back with apparently a new clutch fitted, we had to pay £200 towards this. Within a couple of months the clutch completely went.

We've had both AA and an independent garage look at the issue and they both say the same thing.

thanks again steampowered!!!

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If he's admitted in his defence that he's already offered a refund which for whatever reason wasn't paid, does that then constitute an admission to the car being not of satisfactory quality/fit for purpose? I guess it could be construed as an offer to settle which was then withdrawn.

 

The next step in the process is that the CCBC will send you a Notice of Proposed Allocation which means you will have to complete a Directions Questionnaire to file at Court. On this form you can indicate your wish to mediate. As long as the claim is below £10k the Court should offer the use of their free mediation service.

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SuperVillain, totally agree!

I don't really want to go to mediation though, especially after the fact he's completely lying his bum off. Also we've checked his previous letters and he contradicts himself in these as well, in his first letter to us he states he never offered the refund and has completely back tracked on his defence and states he offered the refund in form of a cheque and we rejected?! plus another few points we have evidence proving hes lied. I do believe the more we mention these points he will be seen as an unreliable witness, as mentioned before. Including the AA report, independent garages statement i think we've got a good case!

thanks for reply

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You don't have to go to mediation. Just make sure that you write a good reason into the form in the relevant box (such as you think mediation is unlikely to achieve a settlement) and that you are able to justify why you did not want to go to mediation to stop your refusal from making you look unreasonable later down the line.

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