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Thread: Court Claim issued, Storm Doris now damaged van UPDATE

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  1. #101
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    1) don't waste anytime trying to phone him
    2)
    3) I would send copies of all three to the court, just to show you have tried and he has not. It won't hurt you.
    4)leave as suggested originally

    Return DQ with very short covering letter stating you endeavoured to agree directions with defendant(as per copy letters enclosed) but he failed to respond.

  2. #102
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Thanks Des.

    Cover letter to say:

    Dear Sir/Madam

    Re: Case No ....

    Please find enclosed completed Fast Track Directions Questionnaire. I have endeavoured to agree directions with defendant (as per my letters enclosed) but he failed to respond.

    Yours faithfully

    X


    I will complete and send after lunch tomorrow if heard nothing from him.

    I only send copy of DQ to trader not cover letter?

    Many thanks Des appreciate guidance.

  3. #103
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Yes .. only send copy of DQ to defendant

  4. #104
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    So I have now sent DQ along with last 3 letters to court house Special Delivery to ensure it gets there, and signed for copy of DQ to trader.

    I have just checked MCOL and it looks like the trader has already sent in DQ which was showing filed 30 March and now transferred to his court house in his home town.

    He has made no attempt to complete with me or sent me a copy !
    Last edited by fandabby; 19th April 2017 at 15:23:PM.

  5. #105
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    I am back to working on my Witness Statement, do I keep adding to it for instance events up to now and continually until court hearing ?

    I have also emailed CCBC to ask if I can get a copy of the defendant's DQ that he completed since i was not sent a copy. Was he supposed to send a copy to me like I had to for him?

    Many thanks

  6. #106
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Yes,he should have sent you a copyof his DQ.

    Only include in your WS matters which bear on your claim.
    You might find this link useful: .civillitigationbrief.com/2014/07/28/drafting-witness-statements-4-golden-rules-directly-from-the-judges-who-hear-the-cases/

  7. #107
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Thanks Des, I have done chronological from first contact following his advert up to submitted DQ yesterday.

    Everything I have detailed are events taken place prior, during and post sale of the vehicle.
    At the end I have also included the impact this has had on us (I did read a format where this was included at the end - is that correct or rather take it out?)

    I have tried to keep opinion out and stuck to event facts. I have done the statement in Word and followed suggestion of Ariel 12 with 1.5 spacing. The document is 17 pages long.

    I would like to upload it for opinion as want to ensure I have done it correctly to ensure it does not get rejected by the Judge. Since I am bringing in the witness statements for OH and more importantly the Dekra Engineer. Is it better to copy and paste it up or add the word document ? I have left names out for anonymity.

    Many thanks

  8. #108
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    !7 pages long omg, copy and paste and the site might crash!
    I reckon it would be better to sharethe word document (but don't ask a dinosaur like me how!)

  9. #109
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Yeah I know, it's long but captures everything since last year.

    I have removed the " impact on me" section as not sure if that should be included or not.

    I have also attached word document so hopefully can be opened and read.

    Good luck opening and please let me know your opinion.

    Many thanks
    Attached Files Attached Files

  10. #110
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Update again

    Defendant/Trader just telephoned me and has said he wants to settle as does not want to go to court.

    He said he can come and inspect the van and if in the same condition as sold to us he will refund the purchase price of £13995. I asked about my losses and court costs and he said he can't afford to pay any more.

    ? if I agree to his inspection he will know then about the damage to bumper and refuse to pay presumably the £13995. Then we go to court because I am not prepared to take less tas we have made losses anyway and already him offering only the purchase price is not reasonable is it ? since my claim is £16,155.27.

    Will this damage affect this claim in the sense he will argue it's damaged ? Is Judge likely to include this within this claim although the damage was done months after I rejected and only done after claim issued ?

    Opinions please...

    Many thanks

  11. #111
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    if under £10.000 it is allocated small claims but over £10,000 the more expensive route where cost get involved, the opposition should look out as he could find a very costly bill if he looses, even to a stage if he does not pay the cost of Bailiffs make it a lot more also, do not get soft they are in business is my mind. cost he pays not you = reimburse. on the other foot he would have you pay in different circumstances, like the one said to me I am a small business and little income, as he walked around the corner and got into his Rolls Royce

  12. #112
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    This case is Fast Track as over £10,000.

    My instinct tells me refuse his offer because otherwise he will come to my property, see that the bumper is missing and wing damaged and argue that he should pay much less and he is only offering the purchase and nothing for my losses. The bumper damage was since claim issued in February so I ought to stick to wanting costs back too as why should I lose out.

    Do people on here think I ought to see him in court to protect myself with this bumper problem? He may not even attend the hearing as he sounded worried on the phone so could get automatic judgement ?

    Many thanks

  13. #113
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    bump

  14. #114
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    @des8, sorry to bother you just wandered what your thoughts are for last few threads ? I'm supposed to phone trader tonight with my decision.

    Many thanks Des.

  15. #115
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Hi,been out babysitting all day and just back.

    If 'twere I, I would refuse his offer.
    He has suddenly woken up and realised he is on to a loser,so is trying to limit his losses.
    Also, seems odd to me that he is offering refund conditionally on condition of van.
    Was he responsible for the damage to the bumper and so knows about it?
    Of course he can't bring the matter up in court if he doesn't view the vehicle in advance, as he shouldn't know about it.

    I would hold out for refund plus damages, and if he can't up his offer continue with the court case.

    Of course, if by some miracle you have a judge who is also a part time dodgy motor trader you could lose.
    And if the poverty stricken seller of your van has engaged the services of a solicitor and barrister your costs could spiral.
    But........

  16. #116
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Thanks Des.

    I'm also inclined to say no and thought it weird he wanted to inspect first to ensure same condition as sold. Especially since I have already December sent him lots of pics as did Dekra in the report so you can see it's intact.

    If he ups his offer, do I insist on funds cleared first before he comes ? And to be honest I don't want him coming to my property, could I ask for cleared funds and then arrange for van to be delivered to him ?

    Trader said in previous tele conversation on 27th Mar that he can't afford a solicitor so let's hope he doesn't show as has expressed he doesn't want to go to court.

    Does anyone know if traders shy away from the court room therefore giving default judgement to claimant ?

    Many thanks

    Forgot to ask should I rather letter him again rather than telephone to tell him his offer was not accepted and am looking to include my losses too ?

    Also
    I spoke to the transferred Court later this afternoon as was worried the DQ needed to be there by 21st (tmorrow) and not Northampton which is the address in the letter as didn't want to take risk with them getting funny. When I spoke to them they said Northampton had received yesterday the DQ and are forwarding on to them. When I asked when would they likely receive she said didn't know. I then asked does the DQ need to be there with them by deadline and yes it does. I questionned that it was not my fault the CCBC incorrectly sent Small Claims DQ and then Fast Track DQ weeks later and since transferring it to them and surely that by Northampton having the DQ yesterday I should be covered. She said she did not know. So I asked for email address to email scanned copies of what I sent to Northampton Tue to cover myself. To be fair I am not feeling confident as feeling I am already being messed about since Claim was issued.

    IMO he only phoned today because he would have had the DQ I sent him and he panicked and why now does he suddenly have 13995 when he said on 27th Mar he didn't have money to give me. This trader is certainly playing games.
    Last edited by fandabby; 20th April 2017 at 18:17:PM.

  17. #117
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    As he telephoned I would return the call.

    If you agree a figure verbally tell him you want the offer made in writing in accordance with CPR 36.

    Part of your negotiations are that you will arange return of the van, but at his cost.

  18. #118
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Thanks des8.

    What if he letters us and conditionally says he will only offer if van in same condition as sold (which is what he said to me earlier on the phone). ? Then that's not going to work because of the damage as he may still also insist on inspecting van before offer made. He's playing and likely it could go that route.

    I am also considering putting up cctv and beam alarms by the van on our drive because I don't trust him, thinking if he is getting desperate what else could happen to the van. That will not be cheap to do.

    The only figure I will agree is the £16,155.27 minus the tyres/wheels cost as could keep those.

    So conversation should be I would have only accepted £13995 should he have refunded in the beginning but because he has dragged this out and has increased my expenses I am only willing to accept X amount with a condition that the funds are cleared in my account and once received I will make arrangement for the van to be trailered back to him at his cost which is included in the X amount stated.?

    If he wants to inspect first before agreeing sums what you think my best move is?

    Many thanks, appreciate your assistance.

  19. #119
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    @des8 ...

    OMG door bell just went, him and his friend at my doorstep asking to view the van and wanted to settle. It got heated a bit and they kept asking whilst they were here they wanted to view the van and I told them they had to leave otherwise I would call the police.

    They left and I told him I will only accept £16k and he had to refer to CPR 36 which I would text him with.

    Emotions ran with them although they appeared calm but you could tell and they were pushing to see van and kept asking if it was alright, we said yes, OH got well angry and stormed in house and I had to march them off my property.

    Not happy. What the heck do they think they are doing just turning up at 8.45 pm !!!

    What if they looked at van before knocking.
    Last edited by fandabby; 20th April 2017 at 20:06:PM.

  20. #120
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Difficult to advise as one can't anticipate how a conversation will go.
    Just remind him you have a claim for the cost of the vehicle plus your costs and if he doesn't agree there will be additional court costs for him to meet.

    Also remind him that any offer has to be by lump sum payment, not installments, and paid within two weeks and before the van will be released to him.

    Also tell him you do not give him permission to enter your property, and you will arrange the return of the vehicle (even at your cost if you want to be nice to him!)
    In other words he cannot see the vehicle until payment is made as you do not want him on your property.
    That means that if he is unprepared to make an offer before seeing the vehicle, then he has not made an offer and the court action proceeds.
    The only offer that will be acceptable is the refund which was due when you rejected the vehicle 8 months ago.


    HAHA just seen your last post re scary visit.
    Nothing to be done now except continue with case unless he reapproaches you.
    As we discussed earlier in this thread the current condition of the van has little to do with your claim.
    It is a separate matter, and is either his responsibility or if pushed onto you, you can fall back on your insurance.

  21. #121
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Ok so I have put together a letter to send to trader as a result of yesterday's excitement.

    Here it is:
    ~
    Dear defendant

    With regard to our telephone conversation yesterday with you offering to settle for only the value of the van sale and me telling you I would need to call you with my answer either very late or next morning since my husband was working late, I do not appreciate you turning up unannounced last night with your friend knocking on my door at 8.45pm. This incident has been reported to the police.

    I have a court claim which is now processing in the Fast Claims Track against you and we both know this can end up with a costly bill for the losing party. We have followed the law and rejected the vehicle within 30 days under the new Consumer Rights Act 2015. This van has cost us money which forms part of the claim which we are entitled to. Should you have honoured our refund at point of first rejection we would have accepted £13,995 and wore our losses, however since you failed to do that and forced us months later down this route we will only accept an offer of £16,155 + the delivery charge of £220 to have the van transported back to you.

    If you do not agree and we go to court then I will be pursuing all additional costs as a result of this to be met by you.

    Any offer made by you in writing and signed in accordance with CPR 36. I will accept a lump sum payment, not instalments, and paid within two weeks of offer accepted via Faster Payments.

    Please refer to: https://www.justice.gov.uk/courts/pr...l/rules/part36

    I do not give you or any of your associates permission to enter my property, and once payment in full is received I will arrange the return of your vehicle.

    My bank details for the payment are as follows:
    Name:
    Sort Code:
    Account Number:

    If an offer is not made by you, the court action proceeds.

    I will look forward to hearing from you in due course.

    Yours ...

    Is this letter ok to send?

    Can I send this to his email address detailed on the defence form or rather post it ?

    I am awaiting more quotes for flatbed delivery so that price may change if can get cheaper...

    Any opinions welcome please, many thanks
    Last edited by fandabby; 21st April 2017 at 12:09:PM.

  22. #122
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    seems fair enough to me
    i prefer snail mail, but that is a reflection of my age!!

  23. #123
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Thanks.

    Have printed and will post tomorrow can't get to post office today but in meantime will email a scanned copy also. Fingers crossed this will come to a settlement now.

    Many thanks

  24. #124
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    I emailed the letter to defendant/trader yesterday and posted today.

    Police have spoke with me this afternoon to say he had telephoned them this morning but could not tell me what he said. He asked me what happened so holly knows what the trader said. They are telephoning the defendant back to tell him he can't just turn up unannounced and to only schedule an agreed visit otherwise it's breaching the peace since we are in a civil matter.

    I have also had a security guy here today to see what he can do about installing an alarm system to include those beams to trigger alarm if someone enters front or back of property to protect the van. He seems to think that the trader and/or his mate would have already had a look or run hand along front over the tarp before knocking and trying to get us to admit there is damage to lessen his payout or muddy it to say I have had an accident and that is why I am rejecting and refuse to pay or make a ridiculous offer. Seems to think by him turning up he's getting desperate because I have not offered up what happened day of Storm Doris and trying to muddy the case by catching me out. My brother on the other hand thinks he'll come back and maybe damage more (if it was him in the first place, may not have been) or attempt a theft, like they'd get far with no bumper, wing hanging out and non starter oh and not to mention a trail of thick smog from the exhaust plus the fact the tyre will probably blow since the alloy is cracked. Never mind all the others stuff going on with the van.
    Anyway, getting a quote in next 24 hours and installing as priority for incase he comes back !

    I have also had a letter this afternoon from the defendant's local court to say that "As a result of an order made on 13 April 2017, this claim has been transferred to my local court" - so my request must have worked but from the Small Claims DQ as they would have only got Fast Track DQ, as otherwise it would have remained in his county court town.

    Onward we go. So I now assume the next step is wait and see what directions we get from the Judge and in meantime keep updating my witness statement, OH and Engineer.

    On my statement do I now say "In the <my home town> County Court"

    I see I have had views on my statement uploaded earlier this week but no comments yet about it. If anyone can please advise what they think over the coming weeks; is it detailed correctly, layout, information provided etc I would be grateful. Don't want to chance it being wrong and Judge not allowing it in.

    Many thanks

  25. #125
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    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Haven't forgotten about or ignored you WS.
    Just very tied up with my own matters at the mo.
    There is no great urgency as it will be sometime before it is required.

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