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Should I take them to court?

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Comments

  • 150940
    150940 Posts: 153 Forumite
    mr_stick wrote: »
    What do I have to lose in trying? I have evidence that the car has a mould problem. I have doctor's reports too.

    I can see your overwork gp be willing to take a day off to attend court. How much are they going to charge you for this? More so are they an expert in asthma? You doi realise that if the defence can get them to say it could be a coincidence that your asthma gas flared up at the same time you bought a new car, you'll lose.

    So for starters the cost of getting your gp to court (paying for a locum to cover etc) is up for you to lose.
  • AdrianC
    AdrianC Posts: 42,189 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper
    mr_stick wrote: »
    What do I have to lose in trying?

    Court and expert witness costs, credibility.
    I have evidence that the car has a mould problem. I have doctor's reports too.

    Do those doctors reports definitely and irrefutably link the cause of your asthma to the car's HVAC? No? Thought not.
  • Horizon81
    Horizon81 Posts: 1,594 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Don't most cars (with air con or not) occasionally smell like a dead dog when you first turn the blowers on?
    OP have you not been out for a good long 70mph blast with everything turned on and the windows down to try and blow the cobwebs out so to speak?
    I think you're fighting a losing battle with this car so if no joy then sell it and buy another. Life's too short.
  • societys_child
    societys_child Posts: 7,110 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 23 November 2015 at 1:09PM
    A week or so after driving it I realised that there was an increasing smell in it. After a bit of research it turns out to be mould from the air con system.
    You thought in March there was a problem which you claim was making your illness worse but you continued to use it . . . ?

    So it was self inflicted and now you want to sue someone for making you ill?
    Good luck with that.
  • neilmcl
    neilmcl Posts: 19,460 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Horizon81 wrote: »
    Don't most cars (with air con or not) occasionally smell like a dead dog when you first turn the blowers on?
    Not when you drive with AC on all the time.
  • Iceweasel
    Iceweasel Posts: 4,887 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    So many people don't seem to understand that AC means Air Conditioner and not Air Cooler.

    Only using it when the weather or interior of the car is too warm - leads to long periods of inactivity.

    For an AC to function efficiently it needs frequent or even constant use.
  • worried_jim
    worried_jim Posts: 11,631 Forumite
    10,000 Posts Combo Breaker
    Like may others I leave mine on all the time unless I am driving with the window open.
  • mr_stick
    mr_stick Posts: 22 Forumite
    edited 24 November 2015 at 1:48AM
    150940 wrote: »
    I can see your overwork gp be willing to take a day off to attend court. How much are they going to charge you for this? More so are they an expert in asthma? You doi realise that if the defence can get them to say it could be a coincidence that your asthma gas flared up at the same time you bought a new car, you'll lose.

    So for starters the cost of getting your gp to court (paying for a locum to cover etc) is up for you to lose.

    GP can't prove that my asthma was linked to the car, but he can give me a letter stating the period of my illness.

    I have lab tests about the bacteria in the car.

    People get compensation for many such cases. http://www.accident-claim-expert.co.uk/compensation-amounts/asthma-compensation-claim.html

    Are you suggesting that even occupational asthma can be explained away as coincidence?
  • AdrianC wrote: »
    Court and expert witness costs, credibility.



    Do those doctors reports definitely and irrefutably link the cause of your asthma to the car's HVAC? No? Thought not.

    I won't bring any witnesses. I have the paperwork.

    Even if I lose, at least I will get the company to pay for their own lawyers. My costs wont be much under the small claims court.
  • You thought in March there was a problem which you claim was making your illness worse but you continued to use it . . . ?

    So it was self inflicted and now you want to sue someone for making you ill?
    Good luck with that.

    1, I had little choice. I need to drive to work.

    2, After they cleaned it up, they said there was no mould - until I got the tests done.
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