Small Claims court - worthy case?

tg85_2

Hello everyone,

Firstly appologies for posting like this - I'm going to link to a previous post of mine that I originally posted in the Motoring section.

My original query has now stemmed into something more, and I feel a post in this section more appropriate.

If I could please direct you to my first post for the background information (EDIT: It wont let me post a link, so if you dont mind, please visit that section and see my post "Anyone know about bikes...") Sorry for the inconvenience!

I would really appreciate any help and advice any of you have to offer, as I'm desperately trying to get this resolved.. I can't afford to go on like this much longer...!

Many thanks in advance for your time.

Sandoval

https://forums.moneysavingexpert.com/discussion/2428783

There you go.

Equaliser123

As I understand it, the claim is for £80 for repairs. Not clear if you have had the repairs done and paid?

unholyangel

Equaliser123 wrote: »

As I understand it, the claim is for £80 for repairs. Not clear if you have had the repairs done and paid?

You mean £292 for repairs? Not sure if its a misunderstanding from his wording to you or from your wording to me

He mentioned £80 as the cost to file a claim. Cant remember the pennies but i'm sure the cost of initial repairs was £292.........and he hasnt received a quote for the new problem

tg85_2

Sorry If i wasnt clear - the repairs cost me over £350, which I paid, and now the bike has broken down again. As they havent answered my request for a replacement bike my claim would be the repairs, the cost of the bike and the legal costs.

tg85_2

and thank you for linking!

Someone has offered me £1050 for the bike as it is since I made this post... (freaky! - they replied to an old ad i posted trying to sell it after it was originally repaired - I explained the situation and that it wasnt running, and then they made the offer...)

Maybe I should cut my losses and accept..

Equaliser123

tg85 wrote: »

Sorry If i wasnt clear - the repairs cost me over £350, which I paid, and now the bike has broken down again. As they havent answered my request for a replacement bike my claim would be the repairs, the cost of the bike and the legal costs.

Well, Court fee will be £45 or £35 if online.

I don't think you will be entitled to claim for the cost of the bike as I suspect you are outside of the time within which to reject.

tg85_2

Hello.

Thanks for your reply - what do you mean by outside of the time in which to reject?

I know the legal cost will be £80 if I try and claim the bike costs too. (£1500)

Equaliser123

tg85 wrote: »

Hello.

Thanks for your reply - what do you mean by outside of the time in which to reject?

I know the legal cost will be £80 if I try and claim the bike costs too. (£1500)

You only have a limited time within which to reject the bike before you are deemed to have "accepted" it. My concern is that as you have had it repaired and time has passed, you cannot now reject it. This means that you are stuck with it although you can still claim the repair costs.

tg85_2

Even though it has since broken down again?

I paid for the repair, and then it went wrong again and is now totally unridable.

I called the seller just now, and he has shifted the blame to the local area rep - he has said he will call me back within half an hour after speaking to him again.

(He said that he hadn't replyed to my letter as the rep told him it was in hand..)

just waiting for the call.

tg85_2

Gave him an hour, called back only to be fobbed off with he's out all day at a car rally. Asked for his mobile number but apparently no one in the office has it... bit rediculous for a director of the company not to have a mobile number that anyone can reach him on.

I left a message saying if he gets in touch with the office to let him know I called.

Argh.