Court Claim or The Motor Ombudsman

[fandabby]

Re: Court Claim or The Motor Ombudsman

hi pt2537

Once I process this claim, if defendant still rejects and goes to court what extra costs could I be looking at? You mention something about if the Claim fails at trial.. is that when I send in backup for the claim and it still fails? Not sure how all this works.

We did a Dekra report, had an engineer inspect vehicle and his conclusion was

Conclusion / Opinion:
In the engineers opinion being based on evidence written, reported and observed at time of assessment of the numerous defect noted,
the following can be concluded:

The poor starting/starter motor condition is progressive mechanical wear and tear, together with the excessive plumes of exhaust
smoke which, in the opinion of the engineer, is indicative of excessive internal turbo wear and internal engine wear. The heavy oil
soiling to the oil filler neck suggests that previous frequent oil top ups have been necessary indicating excessive oil usage.

In the opinion of the engineer, all above defects were present at point of sale, together with the missing right front brake caliper clip,
split left front outer driveshaft gaiter and the cracked right front alloy road wheel, due to the dirt ingress to the cracked area.

The vehicle in its present state is not fit for purpose and is in a dangerous condition.


Would this report not be sufficient to show that I was correct rejecting the vehicle for refund?

A daunting process and I was hoping not to get to this.

thanks

cheers Des

I hadnt seen that comment, but was hoping there may have been a credit card used so we could use s75 CCA

The only concern here is if the claim is for over £10k it is likely to be a fast track matter which could result in adverse costs if the Claim fails at trial.

[des8]

Re: Court Claim or The Motor Ombudsman

Post 4 on your original thread mentioned that in event of losing (imo unlikely) you could be caught for the defendant's costs (which could include solicitors if he used them)

It does work the other way as well
You kick off the process, and if you find he employs a solicitor you could do likewse if going up against a solicitor in court is too daunting.
You win and he is landed with your costs.

[fandabby]

Re: Court Claim or The Motor Ombudsman

Thanks for replying.

For us he sold a van with faults confirmed with Dekra report and cant trust him to fix all faults. He said in 1 letter that his 1 hr rigorous checks, vehicle was safe and met requirements, trust to fix is not there and he refuses refund and now ignoring us. Hard to decide how to handle but have 4 kids and dont trust safety of van.

We feel only have option of claim as we lost already. He wont, we believe fix all faults will cost him loads so we pushed for refund.

Requested mediation that was also ignored.

Not happy cause it a lot of money and yes was stupid believing him and now having to rely on our rights.

If we dont claim that van has already cost us? No way was is worth 13995.

I have rang solicitors in area and they dont offer free advice, they quoting hrly rates for our case.

Cant afford it.

Thanks for offering advice, we appreciate it.

Post 4 on your original thread mentioned that in event of losing (imo unlikely) you could be caught for the defendant's costs (which could include solicitors if he used them)

It does work the other way as well
You kick off the process, and if you find he employs a solicitor you could do likewse if going up against a solicitor in court is too daunting.
You win and he is landed with your costs.

[des8]

Re: Court Claim or The Motor Ombudsman

There is no reason why you should not pursue the claim yourself, without employing solicitors.
It would seem you have a solid case, but as third parties we cannot really judge, and so we must warn you of the risk (no matter how slight) of escalating costs.

As a matter of interest did you report this to trading standards?
It is a criminal offence to sell a vehicle in a dangerous condition RTA 1988 c. 52PartII sec 75 & RTA 1991 c. 40 Part1 Section 16

[fandabby]

Re: Court Claim or The Motor Ombudsman

Hi did call trading standards in wales and they told me they no longer take complaints and said I need to direct at citizen advice.

I also included the against law for dangerous condition to trader in several letters but he has ignored this too.

He's being difficult and saying his offer of potential repair if he finds necessary more than accectable for age/mileage and has sort his own legal advice.

Appreciate everyones input. Thanks.

[pt2537]

Re: Court Claim or The Motor Ombudsman

There is no reason why you should not pursue the claim yourself, without employing solicitors.
It would seem you have a solid case, but as third parties we cannot really judge, and so we must warn you of the risk (no matter how slight) of escalating costs.

As a matter of interest did you report this to trading standards?
It is a criminal offence to sell a vehicle in a dangerous condition RTA 1988 c. 52PartII sec 75 & RTA 1991 c. 40 Part1 Section 16

I agree with Des that theres no reason why you cannot pursue this claim yourself, but there are risks, especially if the Claim were to fail.

Im surprised your local solicitors wouldnt look at this case on a no win no fee or damages based funding arrangement, it would at least allow you representation without being at risk of huge legal costs if you lose.

Obviously as my signature states i work for a law firm myself, hence why i find this quite strange that your local lawyers wouldnt run the case on a no win no fee basis.

[fandabby]

Re: Court Claim or The Motor Ombudsman

I contacted the solicitors who offer litigation and asked for 30 mins free advice explaining briefly situation and some were listed on CAB list as offering upto 30 mins free

I got told no longer offer free and billed hrly rate.

Not knowing depth this could reach in hrs we decided to try it alone for cost reasons.

[des8]

Re: Court Claim or The Motor Ombudsman

He's being difficult and saying his offer of potential repair if he finds necessary more than accectable for age/mileage and has sort his own legal advice.

Appreciate everyones input. Thanks.

one wonders who is mis-advising him!

[fandabby]

Re: Court Claim or The Motor Ombudsman

Well I just went and paid the fee so it is now pending.

We are keeping everything crossed that this will get resolved sooner than later and we win and he actually pays up.

Thanks to everyone who has helped me figure this out to-date.

I will come back on this thread and post updates so you know how it's going but for other people too in the same boat as us.

thanks

[fandabby]

Re: Court Claim or The Motor Ombudsman

Good morning

OK so claim is in and served 16 February 2017.

Huge problem now, the high winds today have ripped off the lower part/front grille of the van. It is nowhere to be seen and it damaged the one side front wing as it was ripped off.

Van was parked on drive. Had a look around and can't find it anywhere.

Where do I stand now with the claim?

Will I need to repair this or is this part of the van not being suitable as high winds have now taken a piece off the front so it was not secure in the first place?

Not happy.

Any responses will be appreciated.

Thanks