Just before a court hearing last month, the Claimant turned down the generous settlement offered by our member. The Claimant countered with a request for more than double the amount that our member had offered. Our member took their chances, and it was the right decision. The claim against them was dismissed.
Although a fault with the vehicle had rendered it unsatisfactory, the circumstances meant our member was entitled to the opportunity to repair it. The judge considered the repair to have been performed within a reasonable time, which was 19 days. The Claimant had unilaterally imposed a tight time limit in which the repair was to be completed that our member did not agree and to which our member was not bound.
The Claimant issued proceedings in the full knowledge the car was repaired and ready to collect. It remained at our member’s premises until the day of the hearing, albeit with a flat battery. The Claimant agreed to make the necessary collection arrangements and, no doubt regretted not accepting the original settlement figure they were offered before walking into court that day.
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