have a word with the wife

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Posts posted by have a word with the wife

  2. Posted

    In small claims court you can appeal, you pay a fee around £100ish, MUST be done within 14 days of the judgement, you can ask the judge when hes made his decision or if you didnt attend you ask the appeal court, if you didnt attend you can apply for set aside [judgement] but must have good reason for not attending.

    The appeal court will only allow an appeal if it is satisfied that:

    • The decision of the judge who heard the small claims trial was wrong in law; or
    • The decision was unfair because of a serious irregularity in the small claims proceedings
    • Like 1

  3. Posted

    i go right back to when a/trader was a magazine, boy theyve had some money off me other the years, can remember one dealer in the magazine offering a free satelite dish with every car sold :D and sparky thinks balloons sell cars ;) no i packed a/trader 2 year ago, when they decided to be clever and put a marker on every cat c or d car, this was the start of there downfall, a lot of traders left in that 3 month, it was hard to leave them, but ive never looked back and very pleased i did ....:)

  5. Posted

    lawgistics fought one of these quite recently i recall ? bought from the sales pitch, salesmans wifes car ? car came back, bloke screamed i bought it off your sales pitch ! only thing that saved the day really is salesman proved it was his wifes by showing in court finance agreement in his wifes name [ paid] !

    dont, if you could, all cars could be sold this way as a way of getting away from consumer rights......

    • Like 1

  7. Posted

    5 hours ago, MSP Motors said:

    Hi Guys,

    First-time poster here, love the site and I'm after a bit of advice;

    I sold a 12-year-old Renault Megane a while back for £1500 to a real problem customer, the car had no service history, but a fresh MOT was put on for the customer. After a few weeks, I replaced the spark plugs for him as he came back shouting due to the slightest misfire.  A few days later but within the dreaded first 30 days, he contacts me to tell me he's rejecting the car. I asked why and was told, "I don't need a reason, I'm rejecting as the goods aren't fit for purpose". I politely informed him that I would need a reason to validate the claim. After much back and forth they tell me that the car had come up with a  gearbox fault on the display and the car was in limp mode. ( having sold many an automatic french car, 99% this will be the simple fix of the pressure regulator) I suggested that they drop it to me so I could take a look at it for them. Once again I was told no, they didn't have too and they wanted their money back. They had supplied no garage report, would not let me look at the car, so naturally, I refused the claim.

    Roll on a few months and the customer has taken this matter to the small claims court. His account of the situation is a complete fabrication. But worst of all, there is a "report" by his local back street garage that was undertaken 5 weeks after the initial 30 days had expired. The customer also admits they took the car to the garage. The report states "there is a problem with the gearbox and it could cost up to £1000 to fix"

    Now obviously, the "report" is a complete waste of paper, as it's not a report in the slightest, but in my opinion, it's evident that the customer has been driving this car after they have rejected it, even though they had accused me of selling him a deathtrap (it's really not!). They have also not supplied this information to me (just with the court papers). To make matters even more complicated, they have not taken my LTD company to court, but me personally. In my defence I stated that I think the  customer has made a mistake as I did not sell this car personally to them and when the mediation team called to see if I was willing to try and resolve the matter before court, I explained the situation and he said that if the wrong entity had been chosen by the claimant then he could not help.

    I would just be real interested to know what you guys think about my chances in court.

     

    Phil

    the mediation team i would have thought would tell the claimant seeing as theyve told you that the wrong entity has been chosen, to change this requires a judges permission, and/or a fee, so the case may fizzle out on its own accord, they might not want to spend twice on costs !

    Your very best defense=

    is you offered to repair the car, they refused.

    they carried on using the vehicle thereby causing further damage.

    its a 12 year old car

    they have not contacted you before referring it to the court.

    see if you can get it struck out on the basis of = 1 in wrong name 2 no contact before court action [ frowned upon by the courts letter before action]  3 pointless claim with poor evidence.

    and if that doesnt work send a letter [ recorded] to the claimant explaining how you tried to help, no faults were present at time of sale, they refused to return the vehicle for you to repair it, and you are considering a counter claim against them for no more than a thousand pounds for your inconvenience, time spent replying to court action etc etc 

    and see if they drop it ..