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Thread: Court Claim issued, Storm Doris now damaged van UPDATE

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  1. #251
    Amethyst's Avatar

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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    I'd say so, if he can do others for £1250 there's no way on earth he can 'allocate' £6k to yours. you have already noted to the solicitor
    I would also like to remind you that the damage occurred after the claim was filed, and that I am reliably informed repairs will cost less than £1,400.
    which is spot on. I'm not sure if you could include a copy of that advertisement in further correspondance with the solicitor. I'm not sure 'reliably informed' would be enough of an argument as to cost if it comes up at the hearing - but the advert would assist, I'm not sure if you have actually obtained quote on having the repairs done by a third party, but might be worth doing that and getting the quote in writing ?
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  2. #252
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Quote Originally Posted by Amethyst View Post
    I'd say so, if he can do others for £1250 there's no way on earth he can 'allocate' £6k to yours. you ahve already noted to the solicitor which is spot on.
    Thanks Amethyst.

    So would I include at end of my WS and a last exhibit I note his facelift price or just include it as a separate document with a cover note or leave out and just take with me on the day ? Not sure what I am supposed to do ? Thanks

  3. #253
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Sorry I added a little to my last post - have you had a third party quote for fixing the damage ? ( not the original faults, just the Doris damage ? )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  4. #254
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    And yes I would add it to your WS and exhibits. If you just bring it up on the day they might be able to argue it's not admissable, or even adjourn things to assess, so be as upfront as possible. When's your WS going in ? ( 2 weeks?)
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

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  5. #255
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Quote Originally Posted by Amethyst View Post
    Sorry I added a little to my last post - have you had a third party quote for fixing the damage ? ( not the original faults, just the Doris damage ? )
    Yes quote included in my WS and Exhibit from a bodyshop repair for just the bumper and wing damage (done in April) - this came to an estimate of £1286 which is why I put less than £1,400.

    So leave as is and take his advert to support me during the trial ? Thanks Amethyst. Crossing T's and dotting i's... to ensure I am prepared as I can be to cover all my bases

  6. #256
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Quote Originally Posted by Amethyst View Post
    And yes I would add it to your WS and exhibits. If you just bring it up on the day they might be able to argue it's not admissable, or even adjourn things to assess, so be as upfront as possible. When's your WS going in ? ( 2 weeks?)
    Just seen this, so I would add his advert to back of my WS and exhibit to ensure it is admissable.

    Would I just say something like:

    I note the Defendant has an active advert on his website, www.xxx and ebay (exhibit 66) for a VW facelift - noting the price £1,250.

    WS being posted 23rd. Yikes.

  7. #257
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Yes I would. I'd slot the mention of it in near the mention of the formal quotation though rather than just shoving it as a afterthought xxx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

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  8. #258
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    So I have come up with this to be following the receiving of the bodyshop quote :


    Defendant’s advert (exhibit 61) for a VW T5 FACELIFT T5 T0 T5.1 OR T6 SPORTLINE £1,250. I wanted to see how much the Defendant charges in comparison to the <bodyshop> repair quote for a replacement bumper and side wing, fitted and sprayed.

    The Defendant’s advert includes a new bumper, bonnet, headlights, bulbs, wiring, sportline rep splitter, black gloss grill, all sprayed to match the van.



    Is this okay to add - or should I word it differently ?

    Many thanks
    Last edited by fandabby; 14th September 2017 at 10:02:AM.

  9. #259
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Remember to include that this is the retail charge and so the cost to him will be significantly less, probably less than £1,000

    You could also state that this is specifically less then the amount quoted by previously, casting doubt on the veracity of his statement

  10. #260
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Quote Originally Posted by ostell View Post
    Remember to include that this is the retail charge and so the cost to him will be significantly less, probably less than £1,000

    You could also state that this is specifically less then the amount quoted by previously, casting doubt on the veracity of his statement -

    So paragraphs to read something like:

    Defendant’s advert (exhibit 61) for a VW T5 FACELIFT T5 T0 T5.1 OR T6 SPORTLINE £1,250. I wanted to see how much the Defendant charges in comparison to the <bodyshop> repair quote for a replacement bumper and side wing, fitted and sprayed.

    The Defendant’s advert includes a new bumper, bonnet, headlights, bulbs, wiring, sportline rep splitter, black gloss grill, all sprayed to match the van all for £1,250 which is the retail price, however the cost to the Defendant likely to be significantly less, probably less than £1,000. This advert also includes more work as apposed to the replacement of a bumper and side wing, fitted and sprayed quoted by <bodyshop> to offer like for like repair.

    ? Not sure what to state when you comment on "You could also state that this is specifically less then the amount quoted by previously, casting doubt on the veracity of his statement" ??

    Thanks
    Last edited by fandabby; 14th September 2017 at 10:02:AM.

  11. #261
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Sorry guys just rewording the extra bit for the WS.

    Does this sound ok now? @Des appreciate if you could cast your eye over too please when you get chance. Many thanks


    This to be placed next point following receiving the bodyshop quote:


    Defendant’s advert (exhibit 61) for a VW T5 FACELIFT T5 T0 T5.1 OR T6 SPORTLINE £1,250. I wanted to see how much the Defendant charges in comparison to the <bodyshop> repair quote for a replacement bumper and side wing, fitted and sprayed.

    The Defendant’s advert includes a new bumper, bonnet, headlights, bulbs, wiring, sportline rep splitter, black gloss grill, all sprayed to match the van all for £1,250. This cost listed is the retail price, however the cost to the Defendant is likely to be significantly less, probably less than £1,000.

    This advert also includes more work as opposed to the replacement of a bumper and side wing, fitted and sprayed quoted by Taylor & Bushnell to offer like for like repair.

    The retail cost for the Defendant to undertake this facelift (which includes extras) is specifically less than the amount quoted by <bodyshop>.


    Once you guys think this is ok then I will update all the paperwork. Many thanks

  12. #262
    des8's Avatar

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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    You've been busy while I was out, but it sounds fine to me.

    It's good to see from his advert that he has lots of assets if he becomes awkward about paying when you get judgement..... positive, that's me!

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