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Topic: legal advice please
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24/5/2006 at 6:21pm
Location: merseyside Outfit: Elddis
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Joined: 05/3/2006 Standard Member
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bought an awning at the end of march on ebay, put it up on over easter on our van in anglesea, got a call from the site five days later saying some body had hit the awning with his van, not much damage they said, on going over there our awning was flapping about like a kite, corner pole was bent in half, three main tensioning point seams were burst along the stiching and torn, address he left in lancaster was not his but his granddaughter who does want anything to do with it, finaly got a reply from cork in ireland saying i had paid to much for the awning and he was only prepared to pay me £100, but what i want to know is have the site any responsibiltiy in this matter and how do we go the small claims court, cheers people
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24/5/2006 at 6:38pm
Location: East Yorkshire Outfit: Bailey Pegasus 546
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Hi Bluebri
As far as I know the Small Claims Court has no powers for outside the UK, so getting any money from him is out.
If you try to claim from the site the court will decide if your loss was caused by the site being negligent, if you can't prove negligence then you have no claim. Sites will usually have a "get out" disclaimer as well saying they are not responsible for any loss.
Were you insured? If so that is the way to go, they will pay you out, and try to recover their insured loss. The only problem there is your excess.
Good Luck
Paul
------------- "Whether you think you can, or think you can't... You're right"
Trigano Chantiily TT > 87 Compass Connoisseur 380 > 2001 Bailey Ranger 500/5 > 2007 Sterling Europa 530 > Trigano Vendome > Bailey 546
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24/5/2006 at 10:29pm
Location: yorkshire Outfit: Pennine Pullman F. camper
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As you appear to have suffered loss as a result of this person's carelessness you can claim damages against him.
However you would have to make the claim yourself or through a Solicitor that you pay. Unless you can find a Solicitor to work on a no win no fee basis you would have to put up even more money.
Most Solicitors will give an initial free consultation.
You should also be able to obtain the other drivers details from the Police or the DVLA. That will enable you to write to him setting out your claim against him and what you would like him to do. If you present your case well he will then see he has a choice of either paying your quite modest damages or risk court action with resultant costs.
Another hazard is the possibility he is a man of straw and has no assets from which to pay you.
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