Hello my name is ***** ***** I will help you with this.
For now please let me know whether there is a warranty on the plugs and if so, for how long?
All I ever received was a reciept and the boxed plugs
Have you had them examined by an expert to say they are faulty?
No, I don't know any experts.The company rep says they are verbally, he knows the fault, he seems to steer away from any written comitment
If i send him the part is it possible to protect my position some way?
Ok - what you need to do is get them examined and see what the expert says.
There should be one you can find online if you google search mechanic expert witness. You need a court approved one who can produce a report.
Then you know who is to blame. If its the design then you can claim against the manufactuter
You need to write and set out your losses and request a refund within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not refund you then you can issue proceedings in the County Court. You can either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce. You can use the expert report you have before the Court as you will need permission for this.
If the matter is defended it will be set down for a trial. If the claim is for £10,000 or less it will be a small claim and you will not need representation.
Can I clarify anything for you about this today please?
Thanks for the expert witness bit. I was wondering ,under the Sale of goods Act1979 i should be having dealings with the motor factor i bought it from. How can I ,that is to say ,under what act, proceed against the manufacturer?
citizens advice have said the only people I should relate to are the motor factor that I bought the part from.
You have 2 claims.
One potentially for breach of contract, but that can ONLY be from the place you purchased it from. You also may have a claim for negligence against the manufacturer.
May have a claim?
Negligence, under what act?
There is no act for negligence it is common law
If i send the faulty goods to the manufacturer does that preclude the possibility of following up with breach of contract.What i mean is which is the best course of action?
No. You can sue both together at the same time, that is what I would do
Does that help?
Are there time limits
How can i safe guard sending the defective goods back,some one might loose them.
It is likely that the only analysis will be none disruptive,otherwise the faulty part will be cut up which is likely to cause problems with the manufacturer. So they would want to see it
I was thinking of sending a letter of intent to the motor factor and possibly the manufacturer,not sure about sueing can't afford a solicitor,no disrespect.
thanks for your help
One last thing.
you wrote "You can use the expert report you have before the Court as you will need permission for this"
can you clarify