**. Won **. Car not as advertised - court claim - eBay

[jerry12x]

I have neatened it up a bit but may have messed it up too.
I was having a problem with the size of text on the screenshots so I increased the text size. Witness Testomony test.pdf

[jerry12x]

I know I have got this wrong but it is a base.

[des8]

Here's a suggested wording for the WS It is your WS so make sure it is correct and includes all relevant facts.
EG you said in a post that you were offered a full refund ex the court costs, but that hasn't appeared in your WS, and some of your exhibits aren't referenced in the WS.
I'm not sure how many letters you received from solicitor 1) your posts refer to many 2)Your WS mentions one 3)Your exhibits include a different one
Note that points that don't refer to what has happened should not be included eg the fact you had bought an Astra a few days earlier, his feedback etc etc
Note the manner of expressing dates.
You also need to include the offer that was made and rejected, unless it was made "without prejudice"
The exhibits of telephone calls etc need to show clearly who sent what. As they stand they are confusing.

you can't complete the WS yet, as more might have to be added

Just seen your exhibits index. Format ok but missing a few? no?
PS case number has been left on some documents

[jerry12x]

You are right. I have not entered all of the solicitors letters.
I will work on that tomorrow.
My son who has been in contact with the solicitor has the letters.
He will email them to me tomorrow if he has the time.

He is actually my biggest problem.
He obtained his Phd with No corrections.
He has had various teaching posts but is currently unemployed. For a while.
He applies for many jobs but is usually over qualified.
He recons getting a Phd was the biggest mistake of his life.
He regularly applies for jobs that the government has insisted must be available to all but they always go in house.
He wants to do a law degree on a one year transfer but cant get the funding.
If you have any brilliant ideas, I, we would be all ears.

Obviously I do have phone history proof of a conversation taking place but not what was said.

[jerry12x]

I notice discrepancies between Auto-trader and Kelly Blue Book.
I believe that is a matter of cultural expectations.
Many cars on the road in America would not pass an MOT in Britain.
I believe it fair to go with the British Auto-trader rather than the American Kelly Blue Book. Would you concur?

Thank you very much for your example and welcome comments.
I have taken it all on board and expect to be working through it at a slower pace.

[des8]

Yes I agree
I mentioned Kelley first because at the time I was in conversation with peeps over the water, and it happened to be handy.
I just didn't think of the N american connection till later, so I changed to Autotrader.

[jerry12x]

I managed to spend hours today installing itunes and different software to print out the phone messaging with the seller.
It failed to record the date and time.
I then found out I could take a screenshot which saved as a photograph.
What I have is being given the bank details to transfer to and conformation of payment by the defendant.

I was however unable to save a log of the brief phone conversation and the later two with the driver.
I don't delete calls but possibly my provider does
My log of phone calls starts at February 2nd this year.

[jerry12x]

Witness Statement dubbed.pdf I am making good progress and will have the new Witness Statement uploaded Sunday.
My son has been away and I don't yet have the defendants solicitors letters.
Do I need to post reply statements from my side to his solicitors?
Also, is my text and spacing inline with that required?
I use MS Office 2003 but downloaded Open Office to read the odt file.
Life was so much easier as an engineer. Electronic engineer.
It worked or it didn't work. Sometimes. lol
Changed my mind..... Menu of exhibits.doc

[jerry12x]

Solicitors Letters.pdf I have the solicitors letters arranged conversationally.
I don't however know how to add it to my WS.

[des8]

Solicitors Letters.pdf I have the solicitors letters arranged conversationally.
I don't however know how to add it to my WS.

just insert the letters chronologically, renumber the paragraphs as appropriately.
give each letter an exhibit number and add to the index of exhibits

defendants solicitor wasn't going to give way, but your son kept at it.
V. impressed , but I'm an amateur and your son nearly a professional.
If it can be arranged and the case actually gets to court, you might consider having your son act as your lay representative.
Practice for him, and assistance for you.

[des8]

Witness Statement dubbed.pdf I am making good progress and will have the new Witness Statement uploaded Sunday.
My son has been away and I don't yet have the defendants solicitors letters.
Do I need to post reply statements from my side to his solicitors?
Also, is my text and spacing inline with that required?
I use MS Office 2003 but downloaded Open Office to read the odt file.
Life was so much easier as an engineer. Electronic engineer.
It worked or it didn't work. Sometimes. lol
Changed my mind..... Menu of exhibits.doc

WS aren't sent until court directions received.
I'll be a bit surprised if the solicitor actually represents him in court as even if he should win it will cost more than he gains,
Only very limited costs are recoverable in a small claim case, and they don't include solicitors fees.

Regarding setting out of WS I think your line spacing is less than 1.5 (however this technology is a nightmare for me so I may have opened the document wrongly.....where are the grandchildren?)

You may wish to delete paras 22,23 & 24.
Substitute " on dd/mm/yy I rejected an invitation from the Court mediation Service for telephone mediation due to impaired hearing causing problems when using the 'phone"
Also the court will be aware of the late return of the DQ and taking time to reply to letters would not be considered inappropriate, and is not a point for your WS.

[jerry12x]

Thank you. I sent your reference to my son, to my son and although he has not replied, I know it will have had a warming effect.

It is difficult to be sure with the defendant. He may concede and pay what he should.
I suspect he regards paying in full as a MAN challenge, that he will fight no matter what.
I would actually like him to do that.
I think that with his solicitors letters, he has scammed many people and needs to be brought down a peg or ten.

I take on board your recommended points to delete. It was expected but I needed to voice it. lol
As for line spacing, I understand that the old MS word 2003 is not fully compatible with .odt files.
There is however a 9 year old I can ask.

You may be an amateur but certainly a knowledgeable one.
I am an amateur learning a lot from you.

[thedirtyhound]

Just a word of advice. You need to focus solely on your own case. When you come out with comments such as "..he has scammed many people and needs to be brought down a pag or ten" you are starting to get too personal. You have no real evidence of that and if you allege it, you may need to provide witnesses. What is important is that you stick to the facts and the evidence. Some judges can get pissed off by personal attacks and it may not help your case. In fact, it could weaken it because it might make it look as though you are doing it because your own evidence is weak. The defects you have highlighted are relatively minor and should not be too expensive to fix. The car had done 130,000+ miles and came with a full MOT. It had been a police vehicle, so it will have been properly serviced in accordance with the manufacturers guidelines. The mileage will also be genuine. Being totally straight with you, I don't think your claim is as great as you think it is. It doesn't mean to say that you won't win, because I think the stats are something like 70% in the claimant's favour overall. But I think your chances are 50%, no more. The guy may also choose to settle with you, simply to avoid the hassle of a day off work. However, people often don't do this until the last minute. If he makes you a sensible offer, you should think about taking it.

[des8]

As @THEDIRTYHOUND remember & focus on your case as already stressed
i.e. the vehicle was not as described (all round good condition) (CRA 2015 s11)
His defence that the vehicle was satisfactory given age etc,(CRA 2015 s9) is not a defence against the claim as made.

[thedirtyhound]

I had another look tonight through some of the exhibits and letters. I would urge DES8 also to have another look. In your exhibits, only four items actually relate to the condition of the vehicle. the other fourteen are screenshots or copies of letters. The defendant offered both to cover the cost of repairs or to give a full refund if the vehicle was returned to him. I don't think he has acted unreasonably. I'm only telling you this as I see it. I regard this site as a sort of fraternity where we try and help each other out. I hope you get the result that you are looking for. However, long winded witness statements and screenshots of documents aren't really evidence. There isn't a lot of hard evidence for a judge to get their teeth into.