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

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  1. #276
    fandabby's Avatar

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

    @des8
    Cleared some space, thanks

  2. #277
    fandabby's Avatar

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

    Hi

    Thinking a little ahead now.

    I am getting the bumper and wing sorted, van is booked into body shop next week.

    When I get the van back (on a trailer as it is still unroadworthy (from Dekra report) and no MOT or tax now) I will take lots of photos so he can't say it wasn't fixed properly (for in case).

    I will contact trader to recover van for his one time attempt at repairs.

    Now, when I get the van back from trader the Barrister said to the Judge that I can still short term right to reject 7 days after receiving it back then is goes in to the after 30 days and before 6 months - so will be able to final right to reject it up until 6 months.

    Is that correct. ?

    Do I still have rights for short term right to reject once I get it back and for how long ? I thought the clock stopped once I rejected and then once repaired and back in my possession I would still have the remainder of the time limit up to the 30th day. Little confused.

    I purchased 19th Nov
    I rejected 26th Nov

    Would like some clarity please on my legal stand point getting it back from his repairs if anyone can shed some light would be appreciated.

    Many thanks

  3. #278
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    You will have to go along with the court ruling that you will have short term right to reject for seven days after delivery of van, if not brought to a condition which complies with the requirements of CRA 2015. If validly rejected you have full purchased price refunded.
    You then have a further 5 months in which to reject during which time it is deemed that the faults were present at time of purchase, but a deduction can be made from refund for usage.
    You then have a further 5.5years to reject but you will need to prove that the faults were present at time of purchase, and deductions can be made for usage

    Normally if request repair, then the clock stops whilst the vehicle is being repaired.
    The judge has in effect ruled that changing your mind about opting for repair then rejecting has shortened the time left for short term rejection to 7 days.
    I suppose you could appeal that decision, but I doubt it is worthwhile going down that route.

    Wait to see what judge's written directions state

  4. #279
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Thank you, hope to get the order in post tomorrow.

  5. #280
    fandabby's Avatar

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

    UPDATE & ADVICE PLEASE:

    I had a telephone call today from Trader.

    He said he does not want to repair and wants to pick van up and settle to close this down.

    I told him I want him to pick the van up and make the repairs as ordered by the Judge which is all known faults and any he finds whilst he is doing all the repairs.
    He said he doesn't have to he has spoken with trading standards and they have advised him that all the minor stuff he doesn't have to do.

    I then told him it has nothing to do with trading standards as this is in the courts and the order from the Judge which we all heard very clearly that he has to fix all the faults known mentioned in this case and any others he comes across. He said that is where we will argue I am going to spend a fortune on this van and you probably won't be happy. I told him I will be happy if he fixes all the faults as listed and he said again he doesn't think it fair he fixes everything. I told him pardon me, you sold me that van we were ripped off.

    He said he didn't expect to win in court and he thought the barrister was rude towards me and was hoping to talk to me afterwards to settle - he wants to just pay me £13995 which is what I paid. I told him this has cost me money and wouldn't be happy with that and want him to repair it. He then asked if he did the repairs how long would he have to do it.

    He told me to discuss with OH and let him know tomorrow.

    I ended it that I expect our answer to be he will recover it and fix all the faults known.

    I suspect he just wants it back, minimal fixes and sell it on again. He passed comment that the van looks great (photos of repair of bumper) and he knows the transporters hold their money and he knows he could easily sell it again. He said he just doesn't want to deal with me because he feels he'll end up back in court over an oil leak or something, I told him if I got it back and your oil leak repair failed I would ask you to come and do it again.


    I wouldn't be happy with just the £13995.

    So it would be either a counter offer or ask for price reduction and we do the repairs and sell on.

    Update
    So I managed to speak with the manager of the bodyshop to ask his advice (he loves VW's and owns one himself) for the state of the van when he had it in for repairing the bumper.

    His advice was to get rid if possible. He said the facelift which was done was not very good, poorly finished and with the engine problems, age of vehicle etc he suspects whatever fix he does will only be temporary and thinks months down the road will need a new engine. From the repair list he said it will cost a lot of money to put right – injectors, alternator, battery, let alone to cover all the other faults listed.

    So I worked out my courts fees were £1030.68, Dekra £199 and the repairs for bumper £1383 = total £2612.68.

    With the van £13995 that's a total of £16607.68.

    This doesn't include all the losses which got thrown out by barrister - tax, insurance, wheels - £1039 - plus interest and if I had won would have put in additional costs (printing, postage, LIP time)


    *******************************************

    So what did i do :

    I telephoned trader and told him my counter offer to settle with faster payments not cash - would be £16607.

    I told him he has cost me money and that he should have dealt with this properly last year. He said he didn;t have the money then. He also said that time he came to my house in April he had £20,000 cash in the van to settle but it didn't work out.

    He said he wouldn't be happy paying £16607 as he has already paid £3000 in legal fees and he still needs to repair the van. I told him that I have already had losses that I am not including in the £16607 counter offer and said this offer to settle and end this is good for him.


    He said if it went back to court then he would only need to pay £14000 for the van.
    I said no if I win I am awarded damages too so all my legal fees, dekra fee and interest would be added on. (this is in small claims)
    He said he may take that risk because thinks he would only pay price of van but he doesn't want to go to court again.

    So we left it that he would talk to his mate (who he sold the van for) and I should talk to my OH and we will talk again tomorrow.
    I told him £14000 for the van is not enough and he needs to consider that with his discussion.

    Am I reasonable asking for £16607 or should I be prepared to go lower and wear the loss ?
    Bearing in mind I have already lost most of my damages already.

    If anyone has views on this I would appreciate it please.

    Thank you

  6. #281
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    You need to ask yourself what you really want out of this. Do you want to have a van that's repaired or do you want to scrape as much money back as possible even if there is some loss? Based on this thread I would be opting for the latter.

    If the claim is in the small claims track then you wouldn't be awarded your legal fees unless there is unreasonable conduct involved and there's generally a high hurdle to overcome on that. I don't think you are being unreasonable in asking for what you want but is £16,607 your absolute bottom line and you aren't willing to go any lower? Have you considered going back to him and saying look, you want £16,607 and he's said he would pay £14,000 why not meet in the middle at £15,000? It's clear he doesn't want to go back to court and potentially spend more money on a lawyer in addition to the £14,000 that he might have to repay plus interest (if a court decides to award this). Therefore it might be in everyone's interest to settle before that hearing comes about.

    Sometimes you might not always be able to recover all of your losses and on occasions you might have to write off some of it for the sake of getting most of it back. But if you are insistent on sticking to your guns then that's the risk you also take and the judge might not give you want you want either - always bear in mind that going to court is never certain.
    DISCLAIMER: ANY CONTENT I POST IS INTENDED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY AND IS NOT A REPLACEMENT OR SUBSTITUTION FOR LEGAL ADVICE. I MAKE NO REPRESENTATIONS AS TO THE ACCURACY OF MY POSTS NOR DO I ASSUME ANY RESPONSIBILITY. USE OF ANY CONTENT IS SOLELY AT YOUR OWN RISK AND COST AND I ACCEPT NO LIABILITY. YOU SHOULD SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  7. #282
    fandabby's Avatar

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

    Thanks Rob, yes going for the latter too. He wouldn't repair it right and there is SOOOO much wrong with it.

    I will await his call and see what he comes back with and go from there.

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