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CRA - Conclusive Action Required Legally

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19 minutes ago, Arfur Dealy said:

What the judge did was confirm the car was right when it went out..

 

You did well.The last case I had,I was able to prove that the punter was claiming for something different that had caused his Passat diesel to breakdown.His repairer had also colluded by issuing a false invoice for the work.I was able to establish through the parts supplier what had actually been purchased,which were new injectors.( He was probably mixing chip fat in the diesel ).The judge had no idea,he said clearly the car had broken down and we were liable.I think it was for £2700 ! 

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8 minutes ago, trade vet said:

You did well.The last case I had,I was able to prove that the punter was claiming for something different that had caused his Passat diesel to breakdown.His repairer had also colluded by issuing a false invoice for the work.I was able to establish through the parts supplier what had actually been purchased,which were new injectors.( He was probably mixing chip fat in the diesel ).The judge had no idea,he said clearly the car had broken down and we were liable.I think it was for £2700 ! 

these people are motivated by greed

Edited by boring dave

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Passat diesel man - of course he was motivated by greed :lol:

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Just finished reading the whole thread... 

OD, have you established how many miles this guy has covered since taking ownership? If so would you mind posting it up for us as if he is genuinely using it to smoke up and down motorways on a daily basis then he will have added quite a few which would support heavy use of an old end of life car and also you have 50ppm deduction of you take it back. 

Just like CAG, it might be interesting to establish a thread in the private forum where we can post cases we have 'WON' in depth, as this would allow others to gather information and discuss their options in a war room type environment. 

Following on from what Simon said about the manufacturer not willing to offer a std warranty beyond 3 years, would it be worth contacting each manufacturer by letter/email etc and asking them if they would be prepared to stand over a car outside of their warranty and if not, why not? 

It could be that some may respond on a case by case basis for cars just outside warranty, but we could also ask about cars 5 yrs/10 yrs outside warranty (particularly for the prestige brands that are still popular to buy/sell) and see what theur stance is. My belief is that none would retail them nor would they even consider a contribution, regardless of miles/service history. 

Again, having this paperwork to add to a court bundle has to make a judge think twice before finding a small indy like OD here as being the big bad wolf. 

Him driving on works in your favour, get evidence. 

Him taking for 3rd party repair works in your favour, get evidence. 

Him buying a big old smoker to use as a daily motorway hack (I presume l, evidence need please) could also be stated by you as being unsuitable for purpose as what he really needed was a small ecomobile, as new and low mileage as possible. 

He choose flash over reliability and if he has racked up the miles he is responsible for taking the chance the old smoker would have held together. 

2800 on a 10 Yr old toyota corolla with 40k miles would have been money much better spent and better suited to his needs. 

You have alot going for you here OD and I wish you luck with it. 

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I think people in the trade are generally to fearful of standing up for themselves. 

If you are in the right then it’s unlikely you have anything to fear in court despite the horror stories. Most full time magistrates will make an informed decission using a sensible interpretation of the law. They rarely take chances as they do not like to be appealed.

Part time magistrates are trickier, as they often lack the in depth knowledge and experience and can let predudice get the better of them, but if you think their decission is wrong appeal it. Generally the higher the court and the more senior the judge the more the likelihood of a just outcome.

Appealing a small claims decission is not necessarily complex or expensive.

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That’s all we’ll & good except for one point - magistrates have nothing to do with the proceedings in a small claims court.

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1 minute ago, BHM said:

That’s all we’ll & good except for one point - magistrates have nothing to do with the proceedings in a small claims court.

Exactly,the judges can be daily fee paid lawyers or barristers.( with a bad attitude).Also I think you can only appeal a small claim decision on legal or procedural grounds.So if that is right,how do you do that.

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27 minutes ago, trade vet said:

Exactly,the judges can be daily fee paid lawyers or barristers.( with a bad attitude).Also I think you can only appeal a small claim decision on legal or procedural grounds.So if that is right,how do you do that.

that

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Him buying a big old smoker to use as a daily motorway hack (I presume l, evidence need please) could also be stated by you as being unsuitable for purpose as what he really needed was a small ecomobile, as new and low mileage as possible. 

Irrelevent. If he told the Op that that is what he wanted the car for then it should be fit for that purpose.

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34 minutes ago, David Ayers said:

Him buying a big old smoker to use as a daily motorway hack (I presume l, evidence need please) could also be stated by you as being unsuitable for purpose as what he really needed was a small ecomobile, as new and low mileage as possible. 

Irrelevent. If he told the Op that that is what he wanted the car for then it should be fit for that purpose.

Put the op isn't a magician! He can't make the car do something it isn't capable of long term. 

Maybe the op said OK, it will be a good daily driver, but you run the risk of big bills keeping it on the road... We don't know for sure, we weren't there and the information from okey doaky is sketchy. 

And common sense - have we to do all the thinking for the buyers?? Aren't they responsible at any stage to ensure that what they have bought is suitable for purpose? I mean fuel bills for this car would be double that of the Toyota I suggested. 

More likely he deliberately caused a fault to the car in some way in the hope of a refund so he can go and buy something more suitable, now he's had his fun... 

Edited by Linctrader

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4 minutes ago, trade vet said:

Is ‘that’ it.....No explanation then ?

sorry

you have a week and it costs about £100 but obviously the judge isnt happy because you are undermining his wisdom and decision

so they paid

you then have to wait something like another 4 weeks before the appeal is rejected and the official second class letter comes saying

case dismissed

see even when the bastards lose they still want to go further , i would have accepted the decision as final

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2 hours ago, trade vet said:

 

2 hours ago, trade vet said:

Exactly,the judges can be daily fee paid lawyers or barristers.( with a bad attitude).Also I think you can only appeal a small claim decision on legal or procedural grounds.So if that is right,how do you do that.

the whole idea of small claims is for it to be simple, but it isnt, 

 

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12 hours ago, have a word with the wife said:

 

the whole idea of small claims is for it to be simple, but it isnt, 

 

time consuming

frustrating

annoyance

all come to my mind too

ive said it before but will repeat for the billies looking in

dont try and screw me and i will work to the moon for you

try and have me and you have an enemy for life

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