Tuesday, May 25, 2010

Can I use email to resolve a dispute over faulty goods bearing in mind that this may end up in court?

I bought a 拢50,000 motorhome new from a UK dealer and it's been terrible, every holiday we've ended up in the garage. I'm now considering legal action and this will probably end up in court. Would evidence by email stand up in court as oppossed to posted letters? Thanks.
Can I use email to resolve a dispute over faulty goods bearing in mind that this may end up in court?
Probably but the key issues will be the extent of the suppliers contractual responsibility for defects and the extent and therefore contractual signifigance of those defects ( as well of course as the evidence for them). Any pre-purchase emails could be relevant in defining contractual responsibility but would have to be read alongside any written contract for the sale as such.





Post contract emails are also part of the picture but the more important evidence will be evidence about the state and condition of the motorhome.Courts usually expect this to be provided by expert report(s) from someone with recognised technical expertise on the vehicle.





As 拢50K is at stake and as it seems to have been going on for a while you should go to a solicitor soon to get some advice on how to proceed and write some initial letters for you.The emails will probably come in handy at some stage but the solicitor will have to worry about them as and when the time comes.
Reply:Indeed you can just be sure to keep those emails safe.


Good Luck
Reply:I don't see why not if you print off any e- mails which relate to this dispute it would be documentary evidence in any claim


you are pursuing.
Reply:Ask for confirmation that the email was received and read , in this day and age email is as common as as any other form of correspondence
Reply:who cares

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