** WON ** A bar was put in place

[nemesis45]

Re: A bar was put in place

Yes thank Amethyst, even so I can't any problem here.

[DXNewcastle]

Re: A bar was put in place

Re : Jurisdiction

It's also things like limitations in cut and dried limitation cases like medical negligence, employment, human rights etc or where a court claim has been brought when it should be an application to an official body etc instead. . . . .

Indeed.
Though a challenge to 'Jurisdiction' would also be said to apply if a matter was brought to the wrong Court, e.g. a serious indictable offence with a custodial sentence in the Magistrates, a youth prosecution in the Magistrates, a civil claim in the Crown Court, a private Criminal prosecution in the County Court, Judicial Review in the Small Claims Court, etc.

Where a respondent seeks to frustrate a claim against them, it is not uncommon to claim that it has been brought to the wrong Court, particularly if the claim is poorly drafted and includes elements of both Criminal and Civil wrongs. I wonder if this is what the motor dealer is attempting to use as a delaying tactic.

[emerson1988]

Re: A bar was put in place

Hi Guys
I am hope someone can tell me what DQ Sent means this has been added to my on-line claim
It says Defendant filed a defence on 03/09/2015 at 08:01:43
and then DQ sent to defendant the bar is still in place how long will the bar be in place
Thanks everyone for the help you have all given me I really appreciate it

[dan_1207]

Re: A bar was put in place

It means directions questionnaire.

It's a document filled in by both parties to a claim and it is designed to give the (district) judge the information necessary to decide which track to allocate the claim to. It is a requirement to complete; failure to do so will likely result in the claim/defence being struck out.

Call the court re: your question on the bar - I would say it ought only to be a matter of days.

[emerson1988]

Re: A bar was put in place

He could be doing this as he sold me the car when the handbrake was faulty and also when I told him parts were missing from the engine he said that they must have fallen off on my way home from the garage in part of the communication he told me that taking him to court will be lengthy and he would defend using his legal insurance and he said it would be very costly I will not drop this

[dan_1207]

Re: A bar was put in place

Well, you have us.

[Amethyst]

Re: A bar was put in place

lol, I don't think his defence that 'parts must have dropped off on your way home' will really cut it xx

I can't see why he is defending - he made an offer to refund you in full and you accepted - hasn't paid and now you are pushed into going into court. Was this offer/acceptance in writing at all ? ( evidentially wise) and can you tell us a bit more about that ?

Can you post up your particulars of claim and his defence (when you get it) just so we know where you're at xxx

[des8]

Re: A bar was put in place

he said it would be very costly

For him?:doggieyes:

[emerson1988]

Re: A bar was put in place

It might cost the dealer if he uses a solicitor then he will have to pay for him as i understand its not worth paying for one you cannot claim the fees back am i correct

[emerson1988]

Re: A bar was put in place

I have everything in writing CAB and Trading Standards also have everything i did accept his offer on a number of occasions he made the offer and i accepted it on the 31st March but as the car has faulty handbrake I made it clear that i wasn't going to drive the car even though the dealer insisted the car was legal and can be driven on the road this is not the case so i asked the dealer to collect the car or I can arrange to get the car back to the dealer at his cost as he sold me the car with faulty brakes i will post the defence as soon as I get It the dealer even told me that when you buy a car you can drive it away with out tax as you have 7 days to tax the car I am will not brake the law at all i never have and never will the dealer seems to tell a lot of lies to his customers going back to the part where i should have had 3 month's warranty i have just checked the dealers web site and he doesn't use warranty wise any more we informed warranty wise with all our problems and issues they were going to call the dealer
I hope to have the defence today and i would love any help/advise from you guys
I will wait to see what lies he has wrote in his defence

[des8]

Re: A bar was put in place

It might cost the dealer if he uses a solicitor then he will have to pay for him as i understand its not worth paying for one you cannot claim the fees back am i correct

Basically "YES"
Only very little costs can be recovered, unless the other side has behaved unreasonably.

Look forward to seeing the defence

[emerson1988]

Re: A bar was put in place

here is my particulars of claim can someone give me there thoughts on this I will post the defence when I get it today
I had a brain tumour removed last year and i thought I would treat myself as its the first time i have had the money to be able to buy a car outright and then this happens i am not prepared to let this go the dealer new what he was selling I think its terrible that they can try and get away with things i have noticed he has changed wording on his web site

Claim for the full refund of £4495 that was offered and accepted on the 31st March for acar Bought on the 15th March is not fit for purpose not as advertised Car Judders when accelerating Handbrake is faulty and was when we bought the car,this makes the car un-roadworthy.Parts missing from the engine been told the idler/pulley/tensioner elastic belt drive belt missing 4X4 light on engine management light on Bad clunking noise from the rear of the car Very strong smell of fumes in the rear of the car nasty smell when the car is started and when the car is stood No 3 month Warranty even though a big thing made about the warranty full price was paid to keep the 3 months warranty if discount was given then no warranty we bought up issues when we tested the car but was assured things were normal and would be OK once driven we are no mechanics so we took dealers word/advice.Citizens Advice and Trading Standards Ref AW-12740281 they have full details and copy of all communication.Dealer has now backtracked on this offer.

[emerson1988]

Re: A bar was put in place

Here is the defence that they have filed with the courts

We sold the claimant a BMW X3 on 15th March 2015 for the below market price of £4495. The car had done 150000 miles which is high mileage but was driven away by the claimant after a thorough inspection and had a full current MOT supplied with it. A few days later the claimant telephoned our office to inform us the car had developed a fault he was advised as the vehicle had a 3 month parts and labour warranty with ourselves to return the vehicle to our premises so we could investigate and rectify any issues.
Despite numerous requests by telephone, letter and email the claimant has failed to return the vehicle to us for either rectification of any issues or a refund and also failed to supply an independent report as to the validity of his claims regarding the purported faults. We have responded diligently to all correspondence throughput this process and still we have not been given the opportunity to examine the vehicle. The claimants warranty has now expired as this situation remains unresolved by him for some 6 months despite our best efforts to have the vehicle returned to us. We find it astonishing that he chooses to use Court time when this matter could of been resolved at no cost to himself back in March 2015. We are reputable used car dealers with FCA authorisation and VAT registered with 25 years experience within the motor trade and find the claimants attitude towards seeking a resolution to this matter astonishing.

There are a lot of faults in the defence mileage is incorrect we called the dealer the next day with issues and we were told to wait for the warranty details the dealer claimed he had put his own warranty on as i don't have any paper work for this how do i know what is covered and what's not covered i have all the information printed out that i and the dealer have and it contradicts the defence that the dealer has submitted

[emerson1988]

Re: A bar was put in place

Basically "YES"
Only very little costs can be recovered, unless the other side has behaved unreasonably.

Look forward to seeing the defence

particulars of claim and defence are now posted for you to look at i would be grateful for your thoughts on both particulars of claim and defence
:beagle:

[emerson1988]

Re: A bar was put in place

I have hard copies of all communication whe can i supply that to the courts