Advice needed urgently

[octet]

Re: Advice needed urgently

You're simply amazing! Thank you!

[Amethyst]

Re: Advice needed urgently

Bit of a miscalc in the interest rate I think./... I'm sure MCOl works that out automatically for you - and I have seen a few where the interest rate is bananas.

It should be 4373.81 ( if that's the actual damages amount ) plus interest for 1 year which will be the £357.57 THEN daily rate of 0.0022% per day which would be about 9.6pence per day

Maybe better in the new POC to vague it up..

The Claimant claims interest on the damages, under Section 69 of the County Courts Act 1984 at the rate of 8% per annum from 30th September 2014 until the date of judgment or earlier payment or at such rate and for such period as the court deems just.

Also on the damages part -

a) Amount paid for tuning in November 2012 - £255 (inc VAT)
b) Gearbox replacement cost - £10,800 (inc VAT)
c) Car Storage while the gearbox was repaired – 14 days - £420 (inc VAT)
d) Gearbox Oil Cost - £297.00 (inc VAT)
e) Amount paid on 10th September 2014 to the Claimant - £548.00 (inc VAT)

doesn't add up to 4373.81 or anything like, so that needs clarifying.

Particulars of claim

1 At all material times, the Defendant company, xxxxxxxxxxxx carried on business as motor car repairers (tuners?) from their premises at xxxxxxxxxxxxxxxx Surrey..

2 On or about XXXX August 2014, the Claimant spoke to Mxxxxxxxxx Gxxx, Director of the Defendant’s company, by telephone and asked him whether they could xxxxxx do tuning stuff xxxxxxxxxxxxx on my vehicle, a Nxxxxxxxxxxx, registration xxx XXXX

3 It was agreed between the Claimant and the Defendant that the Claimant’s company would;
i) tune
ii) dyno ( sounds like drain cleaning )
iii) whatever

4 The Defendant quoted a price of XXXXX for undertaking the work.

5 The vehicle was delivered to the Defendant on 18th August 2014. Further conversation took place between Claimant and Defendant where it was agreed that any work to be carried out on the vehicle should not be carried out without the Claimants prior consent.

6 The Claimant confirmed these terms in writing to the Defendant by email at 12.44pm on the 18th August 2014 which stated “Also, any errors or hardware faults, please let me know before undertaking any eventual repair steps with associated costs’

7. The Vehicle was delivered to the Defendant’s premises in good order ( short expl how you know that)

8. The Defendant proceeding to carry out unauthorised work on the vehicle being;
i)
ii)
iii)
which caused xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

9. On collecting the vehicle from the Claimant’s premises on XXXXXXX the Defendant began driving to his home and xxthe gearbox issue xxxxxxxxxxxxxxxxxxxxxxxxxxxx causing the vehicle to become undriveable and become stranded on the xxxxxxxx

9. By reason of the matters aforesaid, the Claimant has suffered loss and damage.

10. The value of the Claimant's claim is calculated as follows;
a) Amount paid for tuning in November 2012 - £255 (inc VAT)
b) Gearbox replacement cost - £10,800 (inc VAT)
c) Car Storage while the gearbox was repaired – 14 days - £420 (inc VAT)
d) Gearbox Oil Cost - £297.00 (inc VAT)
e) Amount paid on 10th September 2014 to the Claimant - £548.00 (inc VAT)


The Claimant claims interest on the damages, under Section 69 of the County Courts Act 1984 at the rate of 8% per annum from 30th September 2014 until the date of judgment or earlier payment or at such rate and for such period as the court deems just.


Statement of truth

I believe that the facts stated in these Particulars of Claim are true.

Signed

Dated

Okay Car / Sales Services Act peeps can you go through this please for me [MENTION=39710]des8[/MENTION] , [MENTION=71570]R0b[/MENTION] , [MENTION=5354]mystery1[/MENTION] ( anyone else really )

[Amethyst]

Re: Advice needed urgently

lol, well you set Jules off now, I enquired what Dyno's were and had a looooooooonggggg lecture (sorry 'helpful discussion'), about the effect of rolling roads on gearboxes... he'll pop on later anyway xx


Did you have to sign any disclaimer when you dropped off the car ?

Do you have the dyno logs ?

[Tools]

Re: Advice needed urgently

Hi Octet

As a little background for you, I'm a mechanic/technician and have previously tuned many vehicles including the good old ZX's(before the new gen Z's were made)

Putting aside the technicalities, pre-checks, and individual specs of each item your case boils down to the following basics (remember the Judge is unlikely to understand the finer points of 4 wheeled Jap Porn.)

• Can you prove beyond doubt that XX Motorsport caused the damage or were negligent in their actions.
• Did you sign a disclaimer or agree that the risks of dyno tuning could cause the engine, powertrain, tyres etc could suffer damage, therefore releasing XX Motorsport of any liabilty for loss or damage

I see from the report after the gearbox had been stripped that they mention the clutch friction plates had burnt out, is this the only damage found or was there damage to the gears/associated shafts etc

Was the car still set up under base mapping when you left the dyno, or assumed to be "completed and ready for use"

[des8]

Re: Advice needed urgently

I Just wonder how an amount paid for tuning in 2012 is part of a claim for damage caused in 2014.

If there is a claim for gear box replacement, why is there also a claim for car storage while gearbox is repaired? Was it repaired or replaced? Or is there info in the pm's which explains this?

[octet]

Re: Advice needed urgently

lol, well you set Jules off now, I enquired what Dyno's were and had a looooooooonggggg lecture (sorry 'helpful discussion'), about the effect of rolling roads on gearboxes... he'll pop on later anyway xx

Did you have to sign any disclaimer when you dropped off the car ?

Do you have the dyno logs ?

Ha ha, sorry I've ruined your evening LOL.

No disclaimer signed, they must have forgotten as they usually ask to sign one.
I haven't been issued a dyno log, so I don't have one.

[octet]

Re: Advice needed urgently

Hi Octet

As a little background for you, I'm a mechanic/technician and have previously tuned many vehicles including the good old ZX's(before the new gen Z's were made)

Putting aside the technicalities, pre-checks, and individual specs of each item your case boils down to the following basics (remember the Judge is unlikely to understand the finer points of 4 wheeled Jap Porn.)

• Can you prove beyond doubt that XX Motorsport caused the damage or were negligent in their actions.
• Did you sign a disclaimer or agree that the risks of dyno tuning could cause the engine, powertrain, tyres etc could suffer damage, therefore releasing XX Motorsport of any liabilty for loss or damage

I see from the report after the gearbox had been stripped that they mention the clutch friction plates had burnt out, is this the only damage found or was there damage to the gears/associated shafts etc

Was the car still set up under base mapping when you left the dyno, or assumed to be "completed and ready for use"

Hi Jules,

thanks for taking your time to help, much appreciated!

That is the only report I had back from the gearbox builder, so I wouldn't know what else it was damaged, the gearbox was slipping from 4th up to 7th. the car was "ready to be collected" few days prior to me being able to pick up, as I was abroad hence why I left the car there, biggest mistake ever! Haven't been told that it's on a base map, but just that the car can't be tunned properly because generates too much torque and the gearbox can't handle it, therefore slipping. Also been told it's safe to drive it home, about 70 miles away from the garage. No mention about the gearbox being damaged so the car undriveable, I found out after I left the garage driving the car, within the first 2-3 miles.

[octet]

Re: Advice needed urgently

There are more details via PM to Amethyst. basically we found out that the same tuner pretended to tune my gearbox in 2012, the same car, but there was no software available for my particular ECU, wasn't released until 2015 when I contacted the company making the software, which they confirmed via email. The same software needed to be used when they've tried tunning my car in 2014, again, it wasn't available and this is what caused the damage to the gearbox. It was only after the gearbox was repaired and the car put back together and taken to another tuner when we found out that no software to deal with the gearbox torque management tables was out, we contacted the software developer and they have released the update next day.

So I have been charged in 2013 for something that it was not possible to happen, tuning the gearbox line pressure, torqe management etc to make it a bit faster and responsive in auto mode.

Hope it makes sense.

I Just wonder how an amount paid for tuning in 2012 is part of a claim for damage caused in 2014.

If there is a claim for gear box replacement, why is there also a claim for car storage while gearbox is repaired? Was it repaired or replaced? Or is there info in the pm's which explains this?

[octet]

Re: Advice needed urgently

I've done the costs claimed as below:

10. The value of the Claimant's claim is calculated as follows;
a) Amount paid for pretended work in November 2013 - £255 (inc VAT)
b) Gearbox rebuild cost - £2853.51(inc VAT)
c) Gearbox shipping both ways - £300.19 + £418.58 = £718.77 (inc VAT)
d) Car Storage while the gearbox was repaired – 14 days - £280 (inc VAT)
e) Gearbox Oil Cost - £297.00 (inc VAT)
f) Amount paid on 10th September 2014 to the Claimant - £548.00 (inc VAT)

Total claimed = £4952.28

The Claimant claims interest on the damages, under Section 69 of the County Courts Act 1984 at the rate of 8% per annum from 30th September 2014 until the date of judgment or earlier payment or at such rate and for such period as the court deems just.

[Amethyst]

Re: Advice needed urgently

Best of luck today octet xxx

[octet]

Re: Advice needed urgently

Thanks everyone for your input and support! But special thanks are due to Amethyst for help, guidance, support and everything else!!! This community is simply amazing!

Little update due on this case:

The court has ordered back in February that the Defendant's application to strike out the proceedings is refused and ask the Claimant to submit amended POC by 24th of March.




The Judge also handed me over a printed copy of this: https://www.justice.gov.uk/courts/pr...rt35/pd_part35

[octet]

Re: Advice needed urgently

[MENTION=6]Amethyst[/MENTION] I need you so badly today! :doggieyes:

[octet]

Re: Advice needed urgently

Update on this case:

Amended POC submitted on 23rd of March as below:






Since I have submitted the amended POC, I have received an email from the Defendant solicitors claiming they haven't been served a copy. I have sent another copy to them via tracked Royal Mail this time which shows as delivered.





I've also sent an updated to the court as below:



Last week I have received another letter from the Defendant solicitor as below:



They're obviously can't put a defence together and trying to get more time or play technicalities.

They were ordered to submit a Defence by 22nd of April. Spoke to the court today, no defence submitted.

What do you guys think I should do next?

[octet]

Re: Advice needed urgently

Anyone please?

Should I apply for judgement in default considering the Defendant hasn't filed a defence on time as ordered by the Judge, before 22nd of April?

https://www.justice.gov.uk/courts/pr...l/rules/part12

[Kati]

Re: Advice needed urgently

tagging [MENTION=6]Amethyst[/MENTION] [MENTION=2]Celestine[/MENTION] [MENTION=55034]nemesis45[/MENTION] xx