Small Claims Court.....

[dummysock]

I am on my second preliminary hearing at small claims court for £500 for a laptop suffering the Nvidia defect.

The retailer employed a firm of solicitors who sent a Barrister to the 1st hearing. I think that after this hearing we will go to trial when sworned witness statements will be written.

You can file any papers with the court beforehand so that the Judge can acquaint himself with the full details of the case rather than trying to go through the whole case yourself.

The courts are so busy you seem to only get 1/2 hour for the whole case.

[Welly]

I can see why yourself and Lozz have mentioned keeping cool this guy sounds like the type to try and intimidate as a last deffence on the day so he needs to be careful of that...

The letter from the dealer has a strange tone about it, saying you should avoid further action "at all costs" sounds threatening; people say things like that when they are desperate. As I said you should be commended for pursuing this.

[Pilch]

(Car dealers/traders shouid put a white sticker on the speedo area of the car, this covers them )


Disclaimers
If the accuracy of the odometer reading is in doubt, you must make this clear to prospective customers. This is done usually by the use of disclaimers although they are not a specific legal requirement. Disclaimers are an attempt to remove or negate the description of the mileage given by the odometer to prevent the misleading practice occurring. However, the new requirement to avoid a misleading omission and the 'professional diligence' test significantly questions their use under the new regulations. Some practices, such as generally disclaiming all mileages as 'incorrect' without making any checks, are likely to be prohibited. At best, it may be possible to indicate, using a disclaimer, that you have been unable to verify the mileage.

If it can be shown that a reasonably diligent professional could easily discover that the mileage was higher than shown, then this will also breach the regulations. Once such facts are known, they should be disclosed to avoid a misleading omission.

Lozz where did you find that bit of information? Have you got a source?


tThanks guys - woke up this morning seeing the comments and I'm feeling confident about whats going on. I actually cant wait...... Going to give the court a ring and find out a bit more and ask a couple of questions....

[Welly]

If it can be shown that a reasonably diligent professional could easily discover that the mileage was higher than shown, then this will also breach the regulations. Once such facts are known, they should be disclosed to avoid a misleading omission.

Says everything really.

[rwb]

Do I have this right:

You have evidence that proves without doubt that the history of the car is substantially different to what the dealer advertised and told you.

Had you known at the time you bought the car the true history of the car then you would not have bought it.

But what do you want the dealer to do to make this right?

[Pilch]

The car isnt as described.

I would not of purchased that car had i of known what i now know. I would of had this to court sooner had it not been for me having very little spare money to do so.

I feel he either knew it was clocked and wanted to get shot of hoping there would be no comeback, or he genuinely was lazy in checking out the car's history and didnt do any research.

Tell me if you purchased something and it had done nearly 50k more miles. Had these been motorway miles i probably would of let it go. But being that it was used as a taxi and had a pretty abused life then I dont think thats fair.

He took the car in as part exchange apparently......

[lozz]

(Car dealers/traders shouid put a white sticker on the speedo area of the car, this covers them )


Disclaimers
If the accuracy of the odometer reading is in doubt, you must make this clear to prospective customers. This is done usually by the use of disclaimers although they are not a specific legal requirement. Disclaimers are an attempt to remove or negate the description of the mileage given by the odometer to prevent the misleading practice occurring. However, the new requirement to avoid a misleading omission and the 'professional diligence' test significantly questions their use under the new regulations. Some practices, such as generally disclaiming all mileages as 'incorrect' without making any checks, are likely to be prohibited. At best, it may be possible to indicate, using a disclaimer, that you have been unable to verify the mileage.

If it can be shown that a reasonably diligent professional could easily discover that the mileage was higher than shown, then this will also breach the regulations. Once such facts are known, they should be disclosed to avoid a misleading omission.

Lozz where did you find that bit of information? Have you got a source?


off the Trading standards website

[lozz]

worth a read through here pilch http://www.consumeractiongroup.co.uk/fo ... re-no-idea

or perhaps join the forum, people in a simalar position to yourself might throw you some good pointers as how to go,

Edit. just athought, seeing you still have alittle time before the case lands at court,
why not contact vosa, and Dvla,/trading standards, send them a print out of the Mot history high light the drops /rises in mileage,

shake the wasp hive

be nice to see vosa etc going through his cars on the car pitch,

[lozz]

check his cars out on the ebay,

noticed his diesels are all listed with low mileage,

especialy the mondingo,

[scotty73]

check his cars out on the ebay,

noticed his diesels are all listed with low mileage,

especialy the mondingo,

98,000 miles in 5 years low mileage?
I wonder if he'll stay open late christmas eve for a viewing or 5.

[Bailes1992]

Compared to my Mondingo it's low mileage

[lozz]

ithink yours is low-ish miles too bailes,
some of them ive seen have got millions of miles on them,

[trem1]

i was reading an ad the other day for a 407 that had done 213,000 miles
so if it starts with a 1 its low mileage

[Bailes1992]

There is a guy on TalkFord with a Mondeo like mine with 250,000miles on it. He just replaced the clutch, DMF and wheel bearings because he though he should! 250k on the original clutch and wheel bearings

[lozz]

ithink all mondeos are prone for high mileage,
there a good motorway car,

the first mondeo ibought, Mk1 93 on a k plate, went round the clock and it never got anew cam belt or clutch,
shame they didnt stick to the basics like the Mk1/2s, if it wernt for the stupid Dmfs, theyd do the clock 4 times over,

scrapyards are full of em because of it, seen a few mint looking ones in the yards when iwas on the prowl for 306 bits,