Going to court - interim hearing - prep?
Discussion
Willhire89 said:
Yep - nothing found (and no company numbers quoted) except an old directorship of the local social club. Same with the relatives.
On the claim I just put XXXX Motorsport as on their letters - I imagine that is what the judge wants to clear up.
It would be more accurate (given what you have said but subject to another other information of course) to put Mr XX Trading As XXX Motorsport...On the claim I just put XXXX Motorsport as on their letters - I imagine that is what the judge wants to clear up.
Willhire89 said:
Incidentally - there's nothing for an impartial expert to review except pictures we took before I returned it as the original head is now 'lost'
So they LOST your cylinder head, so if you don't win the case wouldn't they have to either return the head or reimburse you to get a replacement?Unless lost in post!!!!
Jasandjules said:
Willhire89 said:
Yep - nothing found (and no company numbers quoted) except an old directorship of the local social club. Same with the relatives.
On the claim I just put XXXX Motorsport as on their letters - I imagine that is what the judge wants to clear up.
It would be more accurate (given what you have said but subject to another other information of course) to put Mr XX Trading As XXX Motorsport...On the claim I just put XXXX Motorsport as on their letters - I imagine that is what the judge wants to clear up.
twokcc said:
Willhire89 said:
Incidentally - there's nothing for an impartial expert to review except pictures we took before I returned it as the original head is now 'lost'
So they LOST your cylinder head, so if you don't win the case wouldn't they have to either return the head or reimburse you to get a replacement?Unless lost in post!!!!
This reminds me very much of a company previously based in Aldershot called Tuning Japanese (now mercifully ceased trading, so hopefully no issues with name & shame), who trashed my Skyline R33 GTR and left me having to get the car and what remained of the engine transported to Abbey Motorsport (who were brilliant) to fix.
Wish I'd had the stomach to fight them in court at the time, but I didn't have much I could prove conclusively, and like you they somehow managed to "lose" several parts including the ones that could potentially incriminate them. Oh, and the owner threatened me with violence on the phone because I name & shamed him on another forum.
It's quite a risky business when you're dealing with people who are self-professed "experts" at niche engineering, especially when name & shaming is outlawed due to slander issues. All you end up with is an inaccurately positive outlook.
Hope you get your case resolved, it sounds as if you have the benefit of expert opinion on your side at least.
Wish I'd had the stomach to fight them in court at the time, but I didn't have much I could prove conclusively, and like you they somehow managed to "lose" several parts including the ones that could potentially incriminate them. Oh, and the owner threatened me with violence on the phone because I name & shamed him on another forum.
It's quite a risky business when you're dealing with people who are self-professed "experts" at niche engineering, especially when name & shaming is outlawed due to slander issues. All you end up with is an inaccurately positive outlook.
Hope you get your case resolved, it sounds as if you have the benefit of expert opinion on your side at least.
Gave my car to marque "experts" who in reality were just enthusiasts charging professional rates. All the work had to be redone as it was substandard. They had the car for so long that they had to replace the battery except the one that they chose to fit could only be secured by cable ties.
Update
Hearing today and the other party were a no show - just myself and Judge
Seems they had advised the court ahead of time that they were unwilling to make the trip and insisting that the case was moved to their local magistrates court. He was unimpressed and has directed that they attend the next hearing and made comment that they clearly did not understand the difference between mags and county court. Case remaining here.
Meantime the court has established that the company are a partnership not limited or sole.
Judge had read papers ahead of time but admitted he would not know a spark plug if he saw one and most of the detail had little meaning to him - he was unimpressed at the five sides of A4 that had been filed in defense - it is a ramble.
Happy to accept my two experts reports but wants them signed. 14 days to provide.
The prepper who put the head on and was there when it let go is a witness of fact and he will appear in person rather than report. Cost to be determined - 14 days to provide.
Judge unimpressed that the cylinder head is not in my possession as it is my property.
Judge unimpressed that all their paperwork is headed 'without prejudice' and is thus not on file which if he read it would explain why I don't have the head.
No mention by him of the arbitration system at all but using the feedback from here I suggested the court appoint a third party assessor which he was happy with and requested a suggestion which I gave and he then asked me to call them to get cost/ timescale / credentials for the role. 14 days to provide. Absolutely no idea if the other side will agree to the proposal - they are the market leader for competition product for the brand.
Summary - relaxed, no hassle and I'm comfortable with where this headed.
Hearing today and the other party were a no show - just myself and Judge
Seems they had advised the court ahead of time that they were unwilling to make the trip and insisting that the case was moved to their local magistrates court. He was unimpressed and has directed that they attend the next hearing and made comment that they clearly did not understand the difference between mags and county court. Case remaining here.
Meantime the court has established that the company are a partnership not limited or sole.
Judge had read papers ahead of time but admitted he would not know a spark plug if he saw one and most of the detail had little meaning to him - he was unimpressed at the five sides of A4 that had been filed in defense - it is a ramble.
Happy to accept my two experts reports but wants them signed. 14 days to provide.
The prepper who put the head on and was there when it let go is a witness of fact and he will appear in person rather than report. Cost to be determined - 14 days to provide.
Judge unimpressed that the cylinder head is not in my possession as it is my property.
Judge unimpressed that all their paperwork is headed 'without prejudice' and is thus not on file which if he read it would explain why I don't have the head.
No mention by him of the arbitration system at all but using the feedback from here I suggested the court appoint a third party assessor which he was happy with and requested a suggestion which I gave and he then asked me to call them to get cost/ timescale / credentials for the role. 14 days to provide. Absolutely no idea if the other side will agree to the proposal - they are the market leader for competition product for the brand.
Summary - relaxed, no hassle and I'm comfortable with where this headed.
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