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      12-08-2008, 03:28 PM   #31
pjs
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Drives: F30 335d
Join Date: Oct 2008
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Quote:
Originally Posted by AlanQS View Post
I suspect that BMW will have to defend the claim. Although no legal precedence is set, a win by you will spread like wildfire and everyone suffering the same problems on this forum will be encouraged to do the same thing plus anyone else who has heard of it - and that will include chancers.

Have you been to small claims court before? BMW will have their lawyers there and, if it's the same as in Scotland, you get to make a statement but you don't get to add things you forgot about later and you may not get the chance to rebut anything they say.

Anything BMW or their agent has put in writing which is stupid - like blaming the roads, have it with you and refer to it. Without identifying whose car it was, I would try to slip in the MIRA report - without saying it was "provisional" because it suggests that there is the potential for a manufacturing fault and I would definitely refer to the other people on the forum with the same problem to show that you are not an isolated paranoid person. - again no names unless you have permission.

Has anyone established if the defective wheels were all manufactured by the same company at similar times? You need facts to take with you, the judge will not be impressed by hearsay and "I think".

Sorry if I'm teaching you to suck eggs.
Thanks for the advice, and to all other posters also.

The next action is for BMW to file a defense, they have 28 days, and I get a copy. [The beauty of this route is that each side is responsible for their own legal fees so it's going to cost them a lot more than me]. When they do file it, I have chance to formally reply before it even goes to court. If it goes that far, I have to convince a judge on 'on balance of probabilty' - and it'll be here are the facts Mr Judge, what do [i]you[i] think?. If I lose, so be it, but rather I have a go for the sake of my 60 to moneyclaim

Likey there will be a few twist and turns, for example either party can ask for a hearing at their local court (at the moment it is listed at Northampton Court as all claims are initially) and may or may not get it granted

If it does go to court, I will have done every bit of prep possible, could even take the wheels along. The company I work for regularly takes numerous poor payers to task via this methods so I have plenty of advice on hand, oh, and good legal advice for free from my companies lawyers. I'll try and find out if other people experiances will help.

If I dont post for more than a week, assume I've been taken out by the German Mafia...!