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Hi Ben, Thank you for your reply. My father took the car to the a/c expert who had to replace a pipe and run some tests to produce a report. The tests were to discover if there was a fault in the condenser unit. But the a/c had to then run for ten days to see if it was holding and generating pressure / leaks etc. It failed these further tests after the required ten days. The initial pipe fix,test and report cost around £150. The new repairs to repair the condenser unit are estimated at £500 via the a/c expert and £750 via Mazda. These repairs have not commenced yet.
Hi Ben. Thank you for this. "The only time this could be avoided is if it would cause significant inconvenience for you." This certainly falls into care and welfare for those with Cancer & Dementia. It can take stress levels for carer and sufferer to areas doctors try so hard to avoid.i.e. my mum asked for two months every hour whose car was that. She now knows its hers. So to lose it we go back again.
How do we protect ourselves if we give the car back to them for repair. They could just run off with the car and take our money ? Or is that a police matter ? Same principal as an end result for both my mum and dad. I have seen case law where the judge ruled in favour of what we are asking ? Thanks again.
Thanks Ben. Your quote " "The only time this could be avoided is if it would cause significant inconvenience for you." is not about them potentially stealing it. I am actually refusing to let them have the car back because of the detrimental effect this action would have on my mother and father because of the undue stress it would have on my parents and the increased health care this action requires upon my mother, and father as her full time carer. This is not stress as we know it. Dementia sufferers live in a bubble that has to be protected or the condition worsens.And then add in the fact she is dying of Cancer....I would see this as significant inconvenience....
Importantly. All the offers are coming from a man we have no dealings with, have never met, who is not mentioned on the dealers partnership details and is refusing to say who or how he is connected to the sale of the car or company. So why believe what he is saying ? It's just headed paper....
However this same man who we have not met but pertains to be 'sales assistant' for the company is making an offer to collect the car, assess and repair it using a specialist air conditioning company (however they fail to confirm the name and contact details of said company to confirm an appointment or existence - which means they will do a temporary repair, by themselves and likely not fix the defective a/c condenser which our two reports confirm is the fault).
There is complete breakdown in trust.
To confirm then. If we small claims this matter after repair then a Judge would either rule in our favour, their favour or somewhere in between i.e. £800 bill but ask both parties to pay half ? Am I correct here ? It's only £70 to ask a Judge to make a ruling isn't it ? Small claims have limited costs if we lost yes ? Thanks again...
Good morning Ben. Thank you for your reply. First and foremost is the care and welfare of my mother and father so I would prefer Court. I've placed two previous dealers in Court with success and have four of five legal cases that I can highlight to the Judge to support our actions. The repairs need to be trusted but an expert. The last thing I want is for these dealers to 'repair' it only for it to go faulty again, repeating this whole 'stressful' process and ignoring the further stress this situation would again place upon my parents second time round. The repairs need to be trusted. This car purchase is more than just a car at this difficult time.
Can I submit the claim amount to include costs such as 'my time / mileage rates travelling to a court (500m round trip) etc.' in preparation of a case or do I present these at the time of a hearing should the case go in our favour ?
I look forward to hearing from you. After which I think that's it then. Thank you very much. I appreciate straight talking.
Ben. Thank you. Very helpful all round. Frankly I would rather pay the application and fees and allow a considerate Judge to rule knowing my parents do not have to deal with these men. Thank you.