This mornings moron.....

[Mudster]

£380 apparently.

Oh and the total sale was under £300...

Silly ****ers make your blood boil.

 

[renault12ts]

 

[EDZ649]

This is the first time I've seen this thread, I'm astounded! No Judge worth his/her salt is going to find in her favour, surely?

 

[renault12ts]

I empathise. One of my client's has a business which is going down the tubes because of the recession, his business property has lost 50% of it's value because of the recession, his home ( with no mortgage ) has lost 30% of it's value because of the recession and he bought a house in Spain 2 years ago with a Euro mortgage . His pension and investment portfolio are also both down in value because of the recession: but I am the adviser for the latter 2 and I am the only person he can sue. So he is.

 

[flango]

Just a little point,My wife has owned a Rav 4 11 years, in all that time we have had one backbox two batteries,4 tyres and a few services....the alloy wheels are still pristine it drives superb the air/con works fine and no probs from the autobox.....should have been replaced years ago but why? is now a part of the family plus of course anyone can service it.65000 miles a walk in the park! Wish I could say that about the many Mercedes I have owned over the years.

Nothing wrong with the RAV 4 beat my ML hands down for reliability, bet MB wish they had the same build quality on their 4x4. If you go up a league to the Land Cruiser then MB are left lagging way behind in the 4x4 stakes

 

[Howard]

I empathise. One of my client's has a business which is going down the tubes because of the recession, his business property has lost 50% of it's value because of the recession, his home ( with no mortgage ) has lost 30% of it's value because of the recession and he bought a house in Spain 2 years ago with a Euro mortgage . His pension and investment portfolio are also both down in value because of the recession: but I am the adviser for the latter 2 and I am the only person he can sue. So he is.

But you're an advisor aren't you , you can't guarantee what's going to happen !!

You can only advise on the facts at the time , you aren't a fortune teller !

 

[Mudster]

This is the first time I've seen this thread, I'm astounded! No Judge worth his/her salt is going to find in her favour, surely?

RSA's legal advise me it's likely I'll lose if this goes to court as I loaded the vehicle.....

I should apparently tell all my customers to load their own vehicles.....

Bear in mind I sell granite countertops that weigh on average 150kg each.

The world has gone mad...I'll string this out as far as it goes.

 

[bluevenetian]

I'm quietly fuming -- the cheek of the woman -- she has obviously learnt from past experience that if you make enough fuss, people will pay up to make her go away.
I say let her take you to court, which I'm sure she'd lose, then you can counter sue her for wasting your time!

 

[EDZ649]

Yeah, it has, bloody Americans! They started this 'take you to court over anything' lark! I wish you the best of luck.

 

[bluevenetian]

Well you may have loaded the vehicle, but you did so with her authority. I staggered RSA think you will lose....but no doubt they have more experience than I

 

[renault12ts]

But you're an advisor aren't you , you can't guarantee what's going to happen !!

You can only advise on the facts at the time , you aren't a fortune teller !

It's deal or no deal. Go into cash and the market crashes: happy client. Go into cash and the market climbs: unhappy client. In his case stay put, market crashes: unhappy. But he hopes my indemnity will pay out. Everyone else shrugs shoulders.

 

[renault12ts]

RSA's legal advise me it's likely I'll lose if this goes to court as I loaded the vehicle.....

I should apparently tell all my customers to load their own vehicles.....

Bear in mind I sell granite countertops that weigh on average 150kg each.

The world has gone mad...I'll string this out as far as it goes.

Where does she live? ...

 

[PXW]

RSA's legal advise me it's likely I'll lose if this goes to court as I loaded the vehicle.....

Bear in mind that RSA are the insurers who have made an economic decision not to proceed - of coruse they are going to say you will lose.

I'm not a lawyer (would be worth speaking to one!) but I would have thought that since she specifically refused your offer of delivery, therefore opting to use her own vehicle, you would simply have to show that your loading was not negligent, which is presumably OK since you took the trouble to make a wooden frame for the tiles. Did you say anything to her as she left, such as 'drive carefully', or 'go steady'? The kind of throw-away comment that amounts to a warning to her that she is carrying a heavy load. I presume the damage was caused after she left you -so either by the load shifting with her driving or by her unloading, rather than by you as you put the stuff on board?

 

[jonnyboy]

the damage surely occurred away from your business premises and as responsibility for the goods had passed over to her i think you would stand a good chance in small claims court.

bit naughty, but if you erect a sign now at your premises with some sort of "once its yours its not my responsibility" clause, can she prove the sign wasnt there when her transaction occurred? it would be a good idea anyway methinks

 

[Ian B Walker]

I sold a person an engine (m119). I sold it in good faith and offered an guarantee on it. i.e. he would get his money back, in full, should it prove to be defective. We now find that it has a blown head gasket. I offered him his money back and he wont have it. He wants me to change the head gaskets at my cost. Its not going to happen. People?? huh

 

[Mudster]

the damage surely occurred away from your business premises and as responsibility for the goods had passed over to her i think you would stand a good chance in small claims court.

bit naughty, but if you erect a sign now at your premises with some sort of "once its yours its not my responsibility" clause, can she prove the sign wasnt there when her transaction occurred? it would be a good idea anyway methinks

The specifics of the claim are that the wooden frame I constructed to reduce damage actually damaged the trim of the car....

I think my biggest edge on this is she took a week to phone me with the alledged damage. No notification before that.

I'm not paying a penny on principal, I will go to court and hope that common sense prevails.

 

[Mudster]

Everyone else shrugs shoulders.

There's always one lunatic though isn't there. I guess a big company would just pay this to go away, well I'm not.

This is purely principal now.

 

[MD5]

I sold a person an engine (m119). I sold it in good faith and offered an guarantee on it. i.e. he would get his money back, in full, should it prove to be defective. We now find that it has a blown head gasket. I offered him his money back and he wont have it. He wants me to change the head gaskets at my cost. Its not going to happen. People?? huh

One of the dangers of buying items like 2nd hand engines and gearboxes is the cost of the labour for someone to fit them, to then find out they have such problems. How much would it cost to install and remove the defective engine if you couldn't do it yourself? Or is it cheaper to have the head gasket replaced (and head skimmed etc)? Either way, a much greater cost than expected for the buyer. When sold in good faith (examined and tested?), people also buy in good faith, so I think it's wrong to shrug it off as "people?? huh". Sorry!

 

[BTB 500]

I think my biggest edge on this is she took a week to phone me with the alledged damage. No notification before that.

Yup. Who knows what else she carried in the boot during that week ...

 

[Doodle]

Yup. Who knows what else she carried in the boot during that week ...

Probably the tiles, rattling around for a few days