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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I require an advice relating to out of court settlement

Resolved Question:

Hello, I require an advice relating to out of court settlement agreement
Submitted: 11 months ago.
Category: Law
Expert:  Harris replied 11 months ago.

Hi, thank you for your question. Are you in England or Wales and what kind of matter is it?

Customer: replied 11 months ago.
I am in the process of making an out of court agreement with the defendant. I have informed them of what I wish but need legal clarifications
Expert:  Harris replied 11 months ago.

-Are you in England or Wales?

-What is the claim about?

Customer: replied 11 months ago.
I am in England. the claim is about a faulty good (a car)
Customer: replied 11 months ago.
hello....
Customer: replied 11 months ago.
I am attaching letters and email that's been going back and forth between the claimant and the defendant.
Expert:  Harris replied 11 months ago.

Thank you - that is not my area of expertise so will opt out and allow a colleague to assist

Expert:  Ash replied 11 months ago.

Hello my name is ***** ***** I will help you.

I can assist with this - what would you like to know?
Alex

Customer: replied 11 months ago.
Hi AlexI believe you advised me last time regarding the same issue. Could you please confirm
Expert:  Ash replied 11 months ago.

Yes I think I did.

Customer: replied 11 months ago.
You advised on the 31/05/2015 at around 11am
Expert:  Ash replied 11 months ago.

Indeed. How can I help?

Customer: replied 11 months ago.
You advised I lodged a count court claim against the car dealer, which I duly did.
The car dealer via her solicitor is now willing to settle the claim outside court after filing a county court claim.
I am attaching the correspondence received from the car dealer solicitor and my own response
Expert:  Ash replied 11 months ago.

ok

Customer: replied 11 months ago.
I have stated that if the car dealer is willing to carry out the repair by themselves then I required 12 mnths warranty to be certain I wont experience the same problem.
Customer: replied 11 months ago.
please start with the attachment Lawgistics_07May2016.jpg
Expert:  Ash replied 11 months ago.

Do you need me to call you about this?

Customer: replied 11 months ago.
Please study the attachments first and reply. If I need a telephone chat I will let you know. Thanks
Customer: replied 11 months ago.
Just to refresh your memory. The vehicle was bought 27th Dec 2015. I have been having problem since I bought the vehicle and the car dealer has been evading liability since. Now that the dealer is willing to repair the vehicle I do not have any trust in the repair they are willing to carry out. This is the reason why I am insisting on a 12mnths warranty included in the repair.
Expert:  Ash replied 11 months ago.

Yes. They have offered to buy back at £9000.

Customer: replied 11 months ago.
I am also sending you conversation we had on the 31/5/2015
Customer: replied 11 months ago.
I have rejected the offer to buy back the car for £9000
Expert:  Ash replied 11 months ago.

May I ask why? Do you have additional costs?

Customer: replied 11 months ago.
could you please study all the attachments sent to you before you advise
Customer: replied 11 months ago.
I have spent around £2500 on diagnosing and investigation of the fault using an independent garage. I intended to recover this loss from the vendor via the court claim
Expert:  Ash replied 11 months ago.

You offered:

1) Repurchase of the car or

2) Repair of the car

That is it in your letter Response to Letter to Tella 2016 0616 JW.docx

Customer: replied 11 months ago.
that's right
Expert:  Ash replied 11 months ago.

Ok - that made no mention of this £2500? So what has changed?

Customer: replied 11 months ago.
if the car dealer decides to carry out the repair themselves, I want a 12month warranty with the repair. that's my demand
Expert:  Ash replied 11 months ago.

Ok - thats fine then. Whats your question about this?

Customer: replied 11 months ago.
Alternatively, an independent garage repair the car with cost of repair approx. £5000 and the car dealer pays for the cost of repair. The £2500 claim will reflect in the cost of repair
Expert:  Ash replied 11 months ago.

Whats your question about this?

Customer: replied 11 months ago.
Please read the letter received from the dealer solicitor - (attachment - Letter to Tella 2016 0623 JW.doc)
Expert:  Ash replied 11 months ago.

Yes I have done that. But I still dont know what your question is.

Customer: replied 11 months ago.
The solicitor is saying that I cannot add new terms to the agreement.
My question is "Am I adding new terms to the agreement by demanding that a 12 month warranty is included in the repair carried out by the dealer?"
Expert:  Ash replied 11 months ago.

If that is part of an offer then no.

But what you cant do is accept an offer and then say later, oh by the way I also want this.

If you had an offer and made a counter offer then there is no agreement.

But if the basis of settlement is repair and a 12 month warranty, that is fine.

Does that clarify?
Alex

Customer: replied 11 months ago.
No it does not clarify
Customer: replied 11 months ago.
Repairing the car only is no guarantee will go away. this is why I expect the dealer to show a bona fide intention by including a 12month warranty
Customer: replied 11 months ago.
Repairing the car is no guarantee that I won't experience the same problem
Expert:  Ash replied 11 months ago.

Then that is your offer, as long as you go back with a counter offer and dont accept their offer (without guarantee)

So you need to make sure you go back with a counter offer

Does that assist? Alex

Customer: replied 11 months ago.
Do I have a strong bargaining position?
Expert:  Ash replied 11 months ago.

I think you have an arguable point yes.

Does that help? Alex

Customer: replied 11 months ago.
Thank you for your time again.
Expert:  Ash replied 11 months ago.

If I could invite you to rate my answer before you go today please, otherwise the site does not credit me for the time spent with you today. Thanks and good luck. Alex

Customer: replied 11 months ago.
One more. could I get an independent assessor to assess the repair carried out by the dealer even though 12month warranty would be included in the repair
Expert:  Ash replied 11 months ago.

You can if you wanted to, but you may not be able to recover that cost if you agree to their terms.

Does that clarify? Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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