Claim against me.

SandraX

MadAsAHatter wrote: »

I have no proof.



The motors are tested by the distributor before despatch to us.

They are packaged with styrofoam in the vulnerable area.

The damage that it has sustained is comensurate with impacts from another harder object repeatedly.

As a side note. I had a conversation with the chap who fitted it and he admitted to using a crow bar to force the part into place. The instructions included of course prohibit this.


A lot of people just tell me to pay the guy and move on. But this chap is not a very nice guy and a bully. He’s left bad reviews about us on google. Hassled me via text but won’t answer the phone. And even said he hadn’t received the part and tried to claw his money back through the credit card company. Luckily we had the tracking info. He’s contacted some of my suppliers and professional bodies to try and make trouble for me, even though I’ve done no actual work for him other than supply a part.

All this while he is apparently a serving police officer. !

I'm with you as your post expalins everything well.

However, look at it from a third party, impartial parties view - who do you think would convince you most. Once you have decided that, goodluck, either way as you appear to be a gneiune person.

MadAsAHatter

Thanks for all the replies.

I suppose we will see in court.

Merry Christmas everyone.

James1968

You state you have conversed with the person who actually installed the item and he admitted to using a crowbar in direct breach of the installation instructions.

Make sure to include his name and contact details along with an outline of what he told you in your defence statement. Also include a copy of the installation instructions as well.

don't forget that you can ask for the case to be heard at a Court nearest to you. This might be to your advantage if the purchaser lives many miles away, as they may send in a written statement instead of turning up.

What the wally fails to realize is that it is the installer at fault for damaging the part, rather than you selling him a damaged item in the first place.

MadAsAHatter

Yes that’s correct.

I certainly will do. He has obviously damaged the item.

Whether the purchaser is aware I don’t know.

I did specify the local court to me. The other chap isn’t too far away though. Approx 30 miles.

Cheers.

da_rule

You could make an application to strike the claim out as the party defendant (you) was not a party to the disputed contract (the sale between the ltd company and the claimant).

This would be on the N244 and would need to be accompanied with evidence. The Court may then hear this application before the hearing. If you win you should be awarded the costs.

Alternatively, you just run the same argument as a defence at the hearing.

MadAsAHatter

And of course I need to disclose all this before attending court?

There’s no surprises allowed

baldelectrician

You should record all your calls
I route all my business calls via a third party which states ALL calls are recorded BEFORE the call connects

If you have an Android phone then I would recommend ACR - the app is less than £3 and it records calls and uploads them to drop box / email to an address you set up.

Mishomeister

OP, make sure you make a record of any costs eg time away from business that you have to spend because of this issue.


When you hopefully win your case , then counter sue him for malicious claim and get any cost out of him you can as this will make you a little bit of money and a lot of moral satisfaction.