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    • thank you. Under the Consumer Rights Act you are entitled to have a vehicle of satisfactory quality.   If a defect appears within the first 6 months of ownership which means that the car is not satisfactory then you are required to give the dealer a single opportunity to repair or else refund you.   So the question is what condition would a car of that make model, age and mileage and price be in.   I think the best way forward is to raise the issue with the dealer but also start to make your own researches as to whether the rust damage to this vehicle is beyond what would be expected of a vehicle of that character and in those circumstances.   When you have discovered. then come back here.   Additionally, you haven't told us the cost of the vehicle. that would be helpful to know because it will affect the quality of vehicle that you would reasonably expect.   Also I asked you the name of the dealer and you haven't told us. Are you trying to protect them?                
    • Thank you Slick132. I don't have in writing how long the actual works themselves would take but believe they said it was two weeks.   I spoke with CAB earlier today and they've said I can cancel this order as the company are already in breach of the terms, plus catching them out re the manufacturer's and the buildings regs she said to put in writing that I was cancelling and mention breach of consumer protection, unfair trading regulations and the fact that they are wilfully misleading me.   She said the credit card company will handle the refund as I hoped. I don't want them working for me in any way shape or form now.
    • Hi thanks for replying, The car was registered in 2009 ½, as I said a 59 plate. Mileage, when I got it it had circa 45K miles, it now has circa 72K miles. I have had it for 3 years almost to the month. I got it from a dealership in Loughborough, on the selling point that it was low mileage and was dealership serviced. Shortly after my return home to Southampton, I took it into my local dealership for a once over, part of which entailed one of their mechanics sitting with me while I drove around locally. I wanted them to take over looking after the car for me. Hope this helps?
    • just remember a DCA is NOT A BAILIFF and have ZERO   legal powers on any debt no matter what it's type.
    • Hi.   You've posted in the self-employment forum although as I understand it you can only be made redundant as an employee.   I've moved your thread to the Employment forum, people should be along to advise later.   HB
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    • Dazza a few months ago I discovered a good friend of mine who had ten debts with cards and catalogues which he was slavishly paying off at detriment to his own family quality of life, and I mean hardship, not just absence of second holidays or flat screen TV's.
       
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      If it was me I would send them all a CCA request.   I would bet that not one will provide the correct response and you can quite legally stop paying them until such time as they do provide a response.   Even when they do you should check back here as they mostly send dodgy photo copies or generic rubbish that has no connection with your supposed debt.
       
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Need a bit of advice here for a friend who cannot afford a solicitor.

 

Quick run down.

 

Friends is a masseuse, working in many different areas including hot stone massage.

She is very professional and has done many years in training for what she covers.

 

A client has decided to sue her using one of these no win no fee companies and has lied stating that my friend didnt get her to sign a disclaimer etc, well I know for a fact she had signed and she has the paperwork to prove it.

 

Now this client has stated that she had a torn ligament from this hot stone massage, now if anyone has had the pleasure of one of these you would know its nigh on impossible to get a torn ligament, Ive had one myself and its the most relaxing form of massage, not to mention when you tear a ligament which I have its bloody painful and the pain is instant and this client showed no signs of being in any pain when having this procedure.

 

Now this friend of mine has no liability insurance, only does this part time and has literally no assets to her name, she is also a single parent.

We feel that this is either someone trying to discredit her because she is a new business or they have some other vendetta against her. Why we have no idea as my friend is the most loveliest lady you could ever meet plus extremely professional.

 

This is a bit out of my comfort zone but she has requested that I help. There is no way she can afford a solicitor and she is scared that this will reach the court stage and will lose what little she has if this woman wins.

 

Any advice at this stage would be greatly appreciated.

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Client has stated or written her a letter before claim ?

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Client has stated or written her a letter before claim ?

The client has never approached her has only gone straight to these no win no fee solicitors.

My friend had no idea that anything was up until she got this solicitors letter.

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I'm afraid that a sign disclaimer won't help very much because you can't disclaim against a breach of contract or negligence where that negligence causes personal injury.

 

On the other hand, if it turned out that she was being deceptive as to the disclaimer then that would help to discredit her evidence. If I were her I would suggest not referring to the matter of the disclaimer at all until it got into court. Then your friend could raise the fact that she had signed a disclaimer. If the claimant then said that she hadn't, it would be the time for your friend to produce the sign disclaimer and to allege that she was trying to mislead the court.

 

This would be fatal to the case but it would be helpful.

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There was no breach of contract though??

There was a consultation first, which she signed to say that she had had, but has now denied that she had a consultation and also signed a disclaimer to state that she had no ongoing injuries or illnesses that would be impeded by this treatment.

 

Wouldnt it be in my friends best interest to send these copies to the solicitor before it even got to court?

 

Wouldnt it be on the onus of the claimant to prove that the massage caused the torn ligament? as Ive said its nigh on impossible, the type of massage is actually used to help these types of injuries not cause them.

 

would my friend be in within her rights to request a copy of the doctors report?

Edited by dx100uk
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Wouldnt it be in my friends best interest to send these copies to the solicitor before it even got to court?

 

Depends on whether or not she wants to embarrass the claimant in front of the judge.....the sooner these NWNF outfits are outlawed the cheaper insurance will become.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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she really doesnt want to get to the court stage, she is going through some serious personal issues at the moment which I cannot repeat, hence why Im helping her with this so to take some of the strain from her.

 

Depends on whether or not she wants to embarrass the claimant in front of the judge.....the sooner these NWNF outfits are outlawed the cheaper insurance will become.

 

Oh I totally agree, but she really wants this stopped in its tracks as soon as possible. I just want to do this as quickly and with as little mess as I can and at no costs to my friend.

Edited by dx100uk
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Could you possibly scan and upload this letter ( redacted ) ?

We could do with some help from you.

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Hot stone massage causing a torn ligament???

No doctor on this planet would ever sign anything even suggesting such nonsense.

I bet it's a bit of fishing from the nwnf solicitor thinking that your friend is covered by insurance.

Many ways to deal with this, but if i was your friend i would contact the solicitor and point out 2 things:

1. Where's this doctor report?

2. I have no assets, so even if you are successful you won't get a penny

Of course you would need to dress it up a bit 😁

I bet the nwnf solicitor would run faster than husain bolt if he knew your friend has no assets.

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Wouldnt it be on the onus of the claimant to prove that the massage caused the torn ligament? as Ive said its nigh on impossible, the type of massage is actually used to help these types of injuries not cause them.

 

would my friend be in within her rights to request a copy of the doctors report?

 

 

Yes, disclose all the disclaimers now and nip this claim in the bud during the pre-action stage. That way it shouldn't get anywhere near a Court.

 

She should also point out that she has no public liability insurance and no assets. Might make the solicitors think twice if they can't recover any costs from your friend.

 

Your friend has no right to see the Claimant's medical records or reports until the claim is issued.

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Every Contract has an 'implied Duty of Care'.

I would not reveal my Defence until required by Court, but would start compiling it now.

Similarly, until then, your friend has no Right to the Claimant's Defence.

All your friend can do at moment is say to Claimant/NWNF Co. 'see you in Court' or a she sk for advice from a suitably qualified Solicitor.

It is wrong to assume she has no assets at all.

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