It's me 615 Posted February 20, 2019 3 hours ago, Blenheim Car Sales said: There stance is it wont start its my fault and we are saying after striping it down its your fault for running it with warning lights on and its negligence, im still at a loss how you can deem a car thats had a full rebuild given back to the customer and has had catastrophic engine failure again im not being awkward here but please tell me what happened to the three litres of engine oil after customer made to sign sheet saying all good but within 1000 miles its broke due to oil starvation,are you saying she was negligent because although the car uses a litre every 333 miles she should have checked it? Share this post Link to post Share on other sites
trade vet 704 Posted February 20, 2019 1 hour ago, ExCouncilJobsworth said: TV i really dont see whether being a minor or not has anything to do with this. The individual has legally made a purchase with her own free will and she was old enough to do so. She wasn't forced into it by OP. Because she's under 18 it doesn't mean she's entitled to a free fix. Had she bought the car from a private billy and the same happened or even a drive shaft snapped she'd go to a garage and they would inform her of the problem and costs. Garage wouldn't waive costs because she's a minor. And again because of age it doesn't mean she should stop communicating with OP If she can communicate on snapchat fb Twitter and all the other crap every 5 minutes she can reply to OP. Don't think judge will be punishing OP because missy didn't communicate and she's a little princess ECJ I agree with you,snapchat,Twitter,princess,Facebook plus the others and she possibly doesn’t even know her 4x table. I am just factoring in my own experience with small claims court judges.Last time I proved the claimant had lied and produced fake invoices but the judge was only interested that the car had broken down. Share this post Link to post Share on other sites
Blenheim Car Sales 111 Posted February 20, 2019 1 hour ago, boring dave said: im still at a loss how you can deem a car thats had a full rebuild given back to the customer and has had catastrophic engine failure again im not being awkward here but please tell me what happened to the three litres of engine oil after customer made to sign sheet saying all good but within 1000 miles its broke due to oil starvation,are you saying she was negligent because although the car uses a litre every 333 miles she should have checked it? There was no oil used, It was all still in engine, It was oil Pump that failed and a loss of pressure because nothing was being pumped around the engine to cool and lubricate it,There were no leaks all problems were internally, We tested the |Oil pressure switch and the wiring to the dashboard to light up the Oil light, All this was found to be working, Our view is that the warning light was ignored and the damage was caused by a failure to stop after these warning lights came on 1 hour ago, trade vet said: ECJ I agree with you,snapchat,Twitter,princess,Facebook plus the others and she possibly doesn’t even know her 4x table. I am just factoring in my own experience with small claims court judges.Last time I proved the claimant had lied and produced fake invoices but the judge was only interested that the car had broken down. this is my issue...................... on paper it looks BBAAADDDDDDDDD i agree I believe the judge will see this only one way regardless of any evidences, My only chance is a bit of compromise on the Mediation hearing i have latter today, I do not hold much hope Share this post Link to post Share on other sites
James01 21 Posted February 20, 2019 (edited) I think it’s luck of the draw with judges. I have been to court twice and both times they were very reasonable as they could see we did everything in our power to solve the issue but both times the customers were unreasonable. Equally I know of those who should never of lost a particular case and have. I don’t feel you have anything more to lose going to court than settling out of it. If you can prove she drove the car to destruction the judge may kick it out. Edited February 20, 2019 by James01 1 Share this post Link to post Share on other sites
Blenheim Car Sales 111 Posted February 20, 2019 My problem is exactly that i think it is is impossible to prove what i believe happened, She will of course deny that she drove it to destruction Share this post Link to post Share on other sites
Area 51 33 Posted February 20, 2019 7 minutes ago, James01 said: I think it’s luck of the draw with judges. I have been to court twice and both times they were very reasonable as they could see we did everything in our power to solve the issue but both times the customers were unreasonable. Equally I know of those who should never of lost a particular case and have. I don’t feel you have anything more to lose going to court than settling out of it. If you can prove she drove the car to destruction the judge may kick it out. Pretty good summary above I would say, going to be the luck of the draw on the day with a judge..! That in itself can be stressful no matter how you prepare.... Suppose it may boil down to how much you just wish to move on.... I wholeheartedly agree with standing your ground and ensuring no one has your pants down.. however that isn't going to be your call in court.. There is likely to be "some" award made.. its about managing this cost and billie expectations.. No doubt this billie wants to get on with life too.... Can you offer the value of the car less useage and then something toward billie losses at mediation? Get the piece of sh*t back and part it out or repair and sell it on to recover something; losses are deductible no?. You're own costs may (partially) be covered if you're successful... add these to a mediation offer of making this go away, avoid court so you can move forward.. This billie can also add bad reviews and the like, its what their age group live for... so having a plan to make it go away may avoid these and any local press types slobbling in the back of the court.. There is a war to win here, don't get consumed by the battle! I have no doubt she is lawyered up for advice (the compo claim has this stamped all over it, £1 short of £10k - purrrrleeese) so her fag packet legal will be pitching long knowing settlement lies in the middle.. I'd guess they are aiming to split the compo with her... This age group tout amongst one another for claim work across facetube and all antisocial media; introducer fees paid up front!.. This one smacks of similar. Good luck and keep us posted.. Share this post Link to post Share on other sites
Arfur Dealy 823 Posted February 21, 2019 18 hours ago, trade vet said: ECJ I agree with you,snapchat,Twitter,princess,Facebook plus the others and she possibly doesn’t even know her 4x table. I am just factoring in my own experience with small claims court judges.Last time I proved the claimant had lied and produced fake invoices but the judge was only interested that the car had broken down. TV, was your last experience at court under the SOGA or CRA ? 17 hours ago, Blenheim Car Sales said: My only chance is a bit of compromise on the Mediation hearing i have latter today, I do not hold much hope What happened? Share this post Link to post Share on other sites
It's me 615 Posted February 21, 2019 (edited) im assuming here that mediation didn't work so.......... just to remind the OP once you've gone to court and the judge has made his findings and he asks have you anything to add you must ask for the car back otherwise the litigator can keep the car and you have no claim on it thats if you lose of course just sayin in case you missed it or it wasnt in any of the excellent advise you've had throughout these pages Edited February 21, 2019 by boring dave gootii Share this post Link to post Share on other sites
Blenheim Car Sales 111 Posted February 21, 2019 we had our hour on a phone, Plaintiff obviously gave her side to mediator as did i, Important incite was gained into what Plaintiff will be basing here case on so valuable from that point, She made a demand i made an offer, She lowered her demands and i made an increased offer, She lowered it again but not to an acceptable level, Our hour was up and i am in court early April, Take my chances and what i have learned might just help me with what the mediator disclosed about the Plaintiff and her case evidence, 1 Share this post Link to post Share on other sites
Area 51 33 Posted February 21, 2019 Sounding more positive. Share this advice and insight with a brief, well worth investing in a PRO who does this type of fighting for a living.... Get your expenses and costs together and submit them Good luck . Share this post Link to post Share on other sites
trade vet 704 Posted February 21, 2019 1 hour ago, Blenheim Car Sales said: we had our hour on a phone, Plaintiff obviously gave her side to mediator as did i, Important incite was gained into what Plaintiff will be basing here case on so valuable from that point, She made a demand i made an offer, She lowered her demands and i made an increased offer, She lowered it again but not to an acceptable level, Our hour was up and i am in court early April, Take my chances and what i have learned might just help me with what the mediator disclosed about the Plaintiff and her case evidence, Played golf with a retired litigation lawyer yesterday and enquired about this one.He wanted to know if the claimant was still aged 17 when the car was finally handed back.He also said that a car dealer should be expected to be ‘ alive’ to the fact when dealing with a 17 year old ( a minor) .So you may want to check her date of berth. Share this post Link to post Share on other sites
Mark101 536 Posted February 21, 2019 My only advice is to only post this in the private room - your Plaintiff could easily stumble across this via a Google search. Good luck. Share this post Link to post Share on other sites
It's me 615 Posted February 21, 2019 2 hours ago, Mark101 said: My only advice is to only post this in the private room - your Plaintiff could easily stumble across this via a Google search. Good luck. thank you mark101 qc 1 Share this post Link to post Share on other sites
Rory RSC 596 Posted February 21, 2019 2 hours ago, trade vet said: .So you may want to check her date of berth. No one said shes a fatty 1 Share this post Link to post Share on other sites
have a word with the wife 299 Posted February 21, 2019 All parties must file and serve on every other party a copy of all documents which they intend to use at the trial at least 14 days before the final court hearing. so fine tooth comb this and highlight any your not happy with, if you get these documents on the 14th day then "someone" has been in court before, it is so you cant alter yours after reading there's, so send yours on the 14th [recorded] and they cant alter. all the best Share this post Link to post Share on other sites
Arfur Dealy 823 Posted February 21, 2019 7 hours ago, Blenheim Car Sales said: we had our hour on a phone, Plaintiff obviously gave her side to mediator as did i, Important incite was gained into what Plaintiff will be basing here case on so valuable from that point, She made a demand i made an offer, She lowered her demands and i made an increased offer, She lowered it again but not to an acceptable level, Our hour was up and i am in court early April, Take my chances and what i have learned might just help me with what the mediator disclosed about the Plaintiff and her case evidence, Mysterious you is.... prey tell... Share this post Link to post Share on other sites
have a word with the wife 299 Posted February 22, 2019 12 hours ago, Arfur Dealy said: Mysterious you is.... prey tell... What ? NO WAY ! till april Share this post Link to post Share on other sites
Dave2302 387 Posted February 22, 2019 I got it ......................... It went bang whilst she was driving it flat out down the "Mulsanne Straight" on a "Track Day Holiday" her Dad bought her for her 18th Birthday to improve her driving skills whilst being trained in her own Car by Jeremy Clarkson ?????????????? Share this post Link to post Share on other sites
It's me 615 Posted February 22, 2019 1 hour ago, Dave2302 said: I got it ......................... It went bang whilst she was driving it flat out down the "Mulsanne Straight" on a "Track Day Holiday" her Dad bought her for her 18th Birthday to improve her driving skills whilst being trained in her own Car by Jeremy Clarkson ?????????????? she was 17 do you want to borrow my poundland reading glasses Share this post Link to post Share on other sites
ik1980 11 Posted February 22, 2019 22 hours ago, Blenheim Car Sales said: we had our hour on a phone, Plaintiff obviously gave her side to mediator as did i, Important incite was gained into what Plaintiff will be basing here case on so valuable from that point, She made a demand i made an offer, She lowered her demands and i made an increased offer, She lowered it again but not to an acceptable level, Our hour was up and i am in court early April, Take my chances and what i have learned might just help me with what the mediator disclosed about the Plaintiff and her case evidence, Mediation sounded quite short, I would have thought an hour isn't enough time. Did you have any legal representation with you at the time? Its a shame you couldn't come to a conclusion, as going to court will cost more, and if your chances don't look good, is it really worth it? Share this post Link to post Share on other sites
justina3 518 Posted February 22, 2019 The courts are under massive pressure to get things sorted through mediation, however sometimes it doesnt work the courts will look at both parties and see they have tried this happens, from what i understand the fact that mediation failed will not score against either party as you have both made an attempt to resolve your issues now its in the lap of the gods. I had to drop papers off to the court before xmas and one of the big wigs you could just tell he was high up was having his jag looked at by the AA i thought to myself i hope he hasnt got a car case in front of him today. Share this post Link to post Share on other sites
have a word with the wife 299 Posted May 8, 2019 do we have a update ? pm me if you wish Share this post Link to post Share on other sites
