So the part and any chance of proving it was faulty is lost. Presumably fully comp insurance covered the OP for damage to her car.

Surely posting the allegedly faulty part back to the other party you might need to take to court before getting your own engineer’s report on it was a bit careless?

Assuming no serious injuries I’d put this in the life’s too short file and move on. Taking on a big company without legal aid needs deep pockets. If the OP hasn’t been able to find similar cases just by googling I’d guess there are not many about.

Linda, you should try on car forums as it’s mostly arseholes on pushbikes on here. Good luck.

@DrP
Awesome! Can you ask my Ma where she put her mother’s diamond broach? It wasn’t in the safe and one of the girls wants to wear it at Christmas?

Nods @ jambalaya’s post. I’m also at a loss to know why this is urgent, when the incident occurred over three years ago. Have you just changed lawyers to a set with a better clue about RTAs, PI & liability legislation?

Making an easily googled searchable blog post (free to do with WordPress, Blogger etc) about it that allows others to comment on it/contact you might be easier and more effective than posting on here.

My Name is Linda Cuddy my email address is linda.mills290@btinternet.com. I am fighting this on my own, as I cannot afford solicitors fees. In response to the various questions I will answer, but I am trying to trace others which has had the same thing happened to.

It is urgent as I have a directions hearing in February and I need to find these people to act as witness, yes I am taking on a big company, they have the money I do not, I am fighting this because they have been negligible, and more importantly they are in my opinion selling something that is not fit for purpose. I have been naive but I trusted them. I had to take them to court to disclose where the part was, thats is when I found out that the part and all the paperwork has disappeared and cannot be traced.

I appreciate nearly all of the comments, the silly ones are hurtful, I am a genuine person, but all I require is to find these other people

I am looking for others who have had the same problem.

I have had this very same problem. I was gutted at the time.

Edit:
I meant posting I the wrong forum. I’ve never had a BMW fall to bits.

Very confusing. Surely if the accident was as catastrophic as the OP is implying then the police accident investigators, insurance companies, BMW and ECP will all have been involved from the outset.
Even if the accident wasn’t that catastrophic then the insurance company’s engineer will have carried out an inspection of the car to establish liability, and if the ECP part was found to be defective they would have pursued them.
I’m sensing there’s a bit more to this tale.

Did the OP only have 3rd party insurance, so they’re trying to pursue a claim themselves?
Has the OP’s insurer refused to pay out because non-BMW parts had been fitted to the car?
And why is this still going on 3 1/2 years after the accident?

Guys, can we stop giving this lady a hard time please? I think some of you are a bit out of order. If it’s genuine you should be ashamed of yourselves, if it’s not then ignoring the thread would soon see it disappear.

Linda, please explain the circumstances of the crash and following events. I can’t see why you are pursuing this, if the part was at fault, your insurance company would be all over Euro Car Parts. Your insurer will have all the resources necessary to take court action. If they have deemed it unviable, I would urge you to consider not throwing your money at it.

What actually happened?

Why do you need to find any others? Are you considering a class action?

Linda – you responded while I was typing.
You sound very frustrated, but I’m at a bit of a loss as to what you hope to achieve here. If I was in your shoes I’d cut my losses and move on. What little compensation you may receive if ECP were found liable wouldn’t be enough to offset the financial risk, stress, etc of pursuing them.

I am not only frustrated I am devastated. If anyone is genuinely interested in what happened I have sent my personal email address in a previous post I am genuine, I can see why it is confusing to you all, but I am trying to find the others that this has happened too. I do not want to put everything on a open forum, but I will respond privately.

Thank you to Peter, I am a real life genuine person, I have taken the liberty in putting my problem out on an open forum so I have let myself be wide open to some of the hurtful comments, but when you are desperate you will do anything. I normally am a very private person. Thank you for your comment.

On the assumption this is genuine……
If you have a directions hearing in February then I assume this has been set as part of the trial timetable so proceedings have been issued. Did you draft the particulars yourself or have your sought counsel’s advice and assistance on this matter and the prospects of success.
It’s a risky strategy pursuing a claim to trial yourself and Ecp will likely have a very good barrister and tear shreds of you, if you represent yourself.
It sounds like what you are asking for is a stream of witnesses to say they had the same failure but without forensic evidence to confirm this, their evidence will be dismissed pretty much straight away.
Surely if you have reached directions then disclosure has taken place. Has Ecp provided details of all previous failures, which should be the most obvious document to request. If they have said there hasn’t been and signed disclosure off on that basis, I think you are going to struggle.
Really, and I hope you are genuine and not wasting all our time, you would be better served getting counsel’s opinion now at £1,000 of your own money to see if it is a viable claim to pursue. Costs penalties for you are only going to get worse as time goes on.
Won’t a no win no fee lawyer take it on? If not, there is a reason for that.
I can well imagine some personal grievance hear but don’t put your life and house on the line to pursue it.

I’m not sure class actions are competent.

Trading Stds would be my first port of call.

cynic-al – agreed. What I can’t understand is why the OP thinks she will succeed where her insurance company has failed. There’s more to this than meets the eye.

bearnecessities – Member
*reported*
POSTED 3 HOURS AGO # REPORT-POST

You are what me and my mates at school would have called a “Telltale Tit”

There’s more to this than meets the eye.

Certainly something not adding up.

OP should give full story as it is rather confusing at the moment.

I might be wrong here, but shouldnt you be taking the manufacturer to court, not the shop that sold it? (On the assumption this isn’t a soga issue?

OP if you want to be taken seriously, you need to answer all questions, as currently it all smells a bit fishy

I would take the manufacturer to court, however the shop does not know who the supplier is.

I have said before if anyone can help me then email me personally I have given it in a previous thread.

sorry but this makes absolutely no sense, if you are genuine, then good luck and all that but seriously it sounds bizarre that they don’t know who makes their parts..

As a retailer, they will have records of who they purchased parts from. Those records have to be retained for at least 6 years.

What are you actually claiming for? From the information on your other thread there was no accident, you got the car to the side of the road without involving anyone else and no one was hurt. Sounds like you are going a long way down the road to recovering very little (and loosing a lot of money in the process)

You haven’t answered all the questions though, this place has loads of actual (and plenty of arrmchair) lawyers who can help, if you give the full story (saying that there were ‘more than injuries’, and going quiet when asked why the police/insurance co aren’t pursuing isn’t helping you.)

Out of interest who fitted the part? And why the delay in purchasing to the fitting?

lindacuddy – Member
I am just looking for the others who had the part failed.

Bearnecessities – I am talking more than injuries.

From http://www.bimmerforums.co.uk/forum/f18/wishbone-bush-bracket-sheered-half-t170649/

The truth is the part sheared at 70 miles per hour, there was a police car around 300 mtrs away from us the cars of course braked, and I applied my brakes too, there was a clunking noise and the steering and brakes would not work, I managed to avoid all the traffic including a lorry who was inches away from me and I brought it to a halt on the hard shoulder, the recovery vehicle thought it was my swinging arm that had broken, but on further inspection it was the wishbone bush bracket which had snapped in half.

Can’t help but feel your response to bear was a little bit, erm, creative.

Cops 300m away? In front or behind? That’s a bloody long way! Could they even see the incident? You managed to avoid traffic and stop with no steering or brakes? Ok. It’s nice to have a talent. Why hasn’t your insurance covered it? You were insured weren’t you? Driving at 70 on a motorway, in a BMW, with an msport pack? Given you previous ‘creativity’ I’m not inclined to believe you frankly, is that why the insurance won’t pay?

This is what happens when you don’t give full details when asked. Folk get suspicious.

This is weird, even for stw….

3 years ago a bit on the car broke, and whilst it was undoubtably frightening, nothing much seemed to have happened and no one appeared to have been physically hurt.

What are you actually claiming for?? Damages? Distress? (Did I miss a bit??)
This just has a whiff or the greatest troll ever, or a disgruntled ECP employee trying to make trouble…

Forgive me if I’m being cynical……

How do we know damage was not caused prior to the motorway incident.
Damage that finally caused the unit to break.
Maybe you drove over some debris.
This thread needs the accused to respond to your accusations on here otherwise this is merely “I hate these, please hate them too” thread.

I would take the manufacturer to court, however the shop does not know who the supplier is.

Bollocks.

This clearly something the OP feels strongly about and some posts in reply have been a bit too, errm, abrasive maybe?

I’m still not clear if there were any actual injuries though?

Neal, I said bizarre, but I prefer your spelling…. 😉

Think this will be locked soon.

Sounds all a bit suspicious to me TBH.

Linda. What actually are the circumstances why the insurance company has not pursued this and why a lone crusade. What if any was the outcome of a Police investigation. What is your motive/s for pursuing after 3.1/2 Yrs. There is more to this than meets the eye. Maybe you are being counter claiming against someone else ?

Assuming you are serious then taking ECP to court and advising, for example, that they have been *negligible* and not *negligent* suggests you would do rather well to drop this now.

I know people hate others picking up on typos (particularly on here) but in this scenario it is of special relevance.

So Mrs Cuddy (Mills whatever) what part do you feel ECP played?

Oh, its very clear – their part was negligible.

So what the *** are you doing bringing it to court?

You are in all likelihood going to lose; they will argue *negligent* fitting, not their problem once it had left their hands, no proof the part was faulty etc.

You have less legs to stand on than the other Ms Mills and you will end up paying for their nice expensive barristers.

This case will bankrupt you – sorry to be blunt but you will be torn to shreds and then some. They may even threaten a libel case against you for the adverse publicity.

The best thing the judge can do for you is kick the whole thing out at the directions hearing.

If the part was faulty, yes it is concerning and I appreciate why you are taking a stand. If you are trolling fine but taking you at your word I can only say drop it now before you end up with nothing…

EDIT: INAL and you should speak to one ASAP. Do you have legal cover as part of your home contents insurance or motor insurance? Use it – but I would imagine they will invoke the ‘prospects of success’ clause.

I’m confused, what are you claiming for Linda? What was the ‘catastrophic event’? I’m not emailing you to find out.

We’re just playing here, imagine what a barrister will do to you in court.

Get. Out. Now.

Anyone mailed for the story??
Is this some way of getting loads of email addresses?? Is there a virus attached to the reply??

Should always replace both sides at the same time!

Would have had a spare to rest that way too!

Parts fail, cheap parts fail more, a lesson you won’t forget! I did feel sorry for Linda at one stage but I think she needs to take a deep breath and just think about things for a min

I think I’ve seen enough.

Giving the OP the benefit of the doubt and assuming this is genuine; Linda, you’ve posted to ask if anyone else has come across this situation, and posted contact details. To wit, this thread has served its purpose.

I’m uncomfortable with this scattergun cross-posting approach across multiple forums and to my mind a lot of things here don’t add up. In particular, you’re happy to make unsubstantiated claims about a company but refuse to discuss details, which if you’re considering pursuing a court case (or for that matter, even if you aren’t) seems to me to be treading on shaky ground.

I wish you the best of luck with your endeavours and, should you wish to take part in the forum beyond using it as free advertising for your cause then I welcome you aboard. But, I think this thread has run its course, and if you are genuine then I’m doing you a favour in closing it. I’d suggest you seek professional help, Citizen’s Advice or some such might be a good start.