section 75 claims/consequential damages

eskbanker

dave0069 said:
i definatly will be isuing a county court sumons but i asked the question first as  if i could use sec75 amex im shaw would put presure on halfords

No, a section 75 claim is basically you choosing to pursue the card company instead of the merchant, so don't be under any illusion that it'll put pressure on Halfords, who'd probably be delighted that you'd turned your attention elsewhere!  However, it still gives you multiple bites of the cherry, as you can go after Amex with s75, then escalate to the financial ombudsman if they don't resolve the matter to your satisfaction, and if that doesn't bear fruit, you'd still be able to take either (or both) of the parties to court.  Naturally your chances will depend on the quality of your evidence of the breach of contract, so your proof that the damage was all caused by Halfords will be pivotal when dealing with other organisations.

P.S. Don't take this the wrong way but please make sure you get a friend or family member to spellcheck and proofread any formal documents you submit to anyone....

dave0069

eskbanker said:

dave0069 said:
i definatly will be isuing a county court sumons but i asked the question first as  if i could use sec75 amex im shaw would put presure on halfords

No, a section 75 claim is basically you choosing to pursue the card company instead of the merchant, so don't be under any illusion that it'll put pressure on Halfords, who'd probably be delighted that you'd turned your attention elsewhere!  However, it still gives you multiple bites of the cherry, as you can go after Amex with s75, then escalate to the financial ombudsman if they don't resolve the matter to your satisfaction, and if that doesn't bear fruit, you'd still be able to take either (or both) of the parties to court.  Naturally your chances will depend on the quality of your evidence of the breach of contract, so your proof that the damage was all caused by Halfords will be pivotal when dealing with other organisations.

P.S. Don't take this the wrong way but please make sure you get a friend or family member to spellcheck and proofread any formal documents you submit to anyone....

hi no i dint take the wrong way .  i suffer from disgraphiar it affect spelling and grammer and im on the laptop and spell checker aint set up on the laptop. like my main PC. 

Iv just relised i problem with a section 75 claim it will be classed as mutible items.  ie dash cam was like 300 and fitting was listed seperat at 80.

as for evidence i have before pics of car. without damage.

 i have a audio recording  of the manager admiting damiging the dash and fuse box and stating halfords will pay for the damage.  I have pics of it in there fitting bay and a parking ticket that was canced when the screwed up not telling parking company ampr that it was booked in.  

what they have done is spent 3 hours trying  to fit power cable from fuse box to windscreen mostly buy tring to get wire between  a pillar and dash  on most cars you could push it in there but  on a high end car like a A8 the fittment tis to well made and to tight you will need to remove the Apiller cover  but they just spent the time jaming between there with damaged trim tools and a screwdriver  and have damage the top leather of the dashboard.   they distroyed the cabel as well  im hoping that theres enoutgh on the balance of posability for a win in county court.

now there trying to say they onlt damage the fuse box cover but that take less that a 1 min to remove and refit shawly they fact they was massing around with it non stop  for 3 hours with out maniging to fit it shows there lieing as well on the balance of probability.

they already had a letter before action and have 7 days left to pay up before i start a claim im the other side of the country from halfords head office so it going to cost the more the the cost of the damage to defend it.

as you can guess im not happy as iv only had that car a few mounths and it was imaculate with only 37,000 on clock and a full dealer service history

eskbanker

dave0069 said:
they already had a letter before action and have 7 days left to pay up before i start a claim im the other side of the country from halfords head office so it going to cost the more the the cost of the damage to defend it.

If you've already sent the LBA then it'll be best to follow through with that if they don't concede, as it just comes across as an empty threat otherwise, so the whole question of s75 is probably academic, at least for now, if you've effectively committed to pursuing Halfords through the court.

dave0069

eskbanker said:

dave0069 said:
they already had a letter before action and have 7 days left to pay up before i start a claim im the other side of the country from halfords head office so it going to cost the more the the cost of the damage to defend it.

If you've already sent the LBA then it'll be best to follow through with that if they don't concede, as it just comes across as an empty threat otherwise, so the whole question of s75 is probably academic, at least for now, if you've effectively committed to pursuing Halfords through the court.

Thanks for your replys i want bluffing i had every intention of starting a county court claim

the clowns have just offered 175 quid as a full and final settelment  for 13 hundred quids worth of damage.

 as to my reply i told them to refer to the ansewer given in Arkell v pressdram

I will isue a claim at the local county court  on monday morning. they can eather ignore it or spend more that the claim wouild cost traveling half way across the england to my local county court to defend it

Nasqueron

dave0069 said:

eskbanker said:

dave0069 said:
they already had a letter before action and have 7 days left to pay up before i start a claim im the other side of the country from halfords head office so it going to cost the more the the cost of the damage to defend it.

If you've already sent the LBA then it'll be best to follow through with that if they don't concede, as it just comes across as an empty threat otherwise, so the whole question of s75 is probably academic, at least for now, if you've effectively committed to pursuing Halfords through the court.

Thanks for your replys i want bluffing i had every intention of starting a county court claim

the clowns have just offered 175 quid as a full and final settelment  for 13 hundred quids worth of damage.

 as to my reply i told them to refer to the ansewer given in Arkell v pressdram

I will isue a claim at the local county court  on monday morning. they can eather ignore it or spend more that the claim wouild cost traveling half way across the england to my local county court to defend it

There is a fair chance they will successfully apply to have the case held in a court local to their office