Page 11 of 12 FirstFirst ... 789101112 LastLast
Results 251 to 275 of 279

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

  • Share
  • Thread Tools
  • Display
  1. #251
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    60,823
    Mentions
    1825 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    I'd say so, if he can do others for £1250 there's no way on earth he can 'allocate' £6k to yours. you have already noted to the solicitor
    I would also like to remind you that the damage occurred after the claim was filed, and that I am reliably informed repairs will cost less than £1,400.
    which is spot on. I'm not sure if you could include a copy of that advertisement in further correspondance with the solicitor. I'm not sure 'reliably informed' would be enough of an argument as to cost if it comes up at the hearing - but the advert would assist, I'm not sure if you have actually obtained quote on having the repairs done by a third party, but might be worth doing that and getting the quote in writing ?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  2. #252
    fandabby's Avatar

    Member



    Joined
    Jan 2017
    Posts
    169
    Mentions
    2 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Quote Originally Posted by Amethyst View Post
    I'd say so, if he can do others for £1250 there's no way on earth he can 'allocate' £6k to yours. you ahve already noted to the solicitor which is spot on.
    Thanks Amethyst.

    So would I include at end of my WS and a last exhibit I note his facelift price or just include it as a separate document with a cover note or leave out and just take with me on the day ? Not sure what I am supposed to do ? Thanks

  3. #253
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    60,823
    Mentions
    1825 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Sorry I added a little to my last post - have you had a third party quote for fixing the damage ? ( not the original faults, just the Doris damage ? )
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  4. #254
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    60,823
    Mentions
    1825 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    And yes I would add it to your WS and exhibits. If you just bring it up on the day they might be able to argue it's not admissable, or even adjourn things to assess, so be as upfront as possible. When's your WS going in ? ( 2 weeks?)
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  5. #255
    fandabby's Avatar

    Member



    Joined
    Jan 2017
    Posts
    169
    Mentions
    2 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Quote Originally Posted by Amethyst View Post
    Sorry I added a little to my last post - have you had a third party quote for fixing the damage ? ( not the original faults, just the Doris damage ? )
    Yes quote included in my WS and Exhibit from a bodyshop repair for just the bumper and wing damage (done in April) - this came to an estimate of £1286 which is why I put less than £1,400.

    So leave as is and take his advert to support me during the trial ? Thanks Amethyst. Crossing T's and dotting i's... to ensure I am prepared as I can be to cover all my bases

  6. #256
    fandabby's Avatar

    Member



    Joined
    Jan 2017
    Posts
    169
    Mentions
    2 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Quote Originally Posted by Amethyst View Post
    And yes I would add it to your WS and exhibits. If you just bring it up on the day they might be able to argue it's not admissable, or even adjourn things to assess, so be as upfront as possible. When's your WS going in ? ( 2 weeks?)
    Just seen this, so I would add his advert to back of my WS and exhibit to ensure it is admissable.

    Would I just say something like:

    I note the Defendant has an active advert on his website, www.xxx and ebay (exhibit 66) for a VW facelift - noting the price £1,250.

    WS being posted 23rd. Yikes.

  7. #257
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    60,823
    Mentions
    1825 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Yes I would. I'd slot the mention of it in near the mention of the formal quotation though rather than just shoving it as a afterthought xxx
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  8. #258
    fandabby's Avatar

    Member



    Joined
    Jan 2017
    Posts
    169
    Mentions
    2 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    So I have come up with this to be following the receiving of the bodyshop quote :


    Defendant’s advert (exhibit 61) for a VW T5 FACELIFT T5 T0 T5.1 OR T6 SPORTLINE £1,250. I wanted to see how much the Defendant charges in comparison to the <bodyshop> repair quote for a replacement bumper and side wing, fitted and sprayed.

    The Defendant’s advert includes a new bumper, bonnet, headlights, bulbs, wiring, sportline rep splitter, black gloss grill, all sprayed to match the van.



    Is this okay to add - or should I word it differently ?

    Many thanks
    Last edited by fandabby; 14th September 2017 at 10:02:AM.

  9. #259
    ostell's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    2,562
    Mentions
    182 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Remember to include that this is the retail charge and so the cost to him will be significantly less, probably less than £1,000

    You could also state that this is specifically less then the amount quoted by previously, casting doubt on the veracity of his statement

  10. #260
    fandabby's Avatar

    Member



    Joined
    Jan 2017
    Posts
    169
    Mentions
    2 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Quote Originally Posted by ostell View Post
    Remember to include that this is the retail charge and so the cost to him will be significantly less, probably less than £1,000

    You could also state that this is specifically less then the amount quoted by previously, casting doubt on the veracity of his statement -

    So paragraphs to read something like:

    Defendant’s advert (exhibit 61) for a VW T5 FACELIFT T5 T0 T5.1 OR T6 SPORTLINE £1,250. I wanted to see how much the Defendant charges in comparison to the <bodyshop> repair quote for a replacement bumper and side wing, fitted and sprayed.

    The Defendant’s advert includes a new bumper, bonnet, headlights, bulbs, wiring, sportline rep splitter, black gloss grill, all sprayed to match the van all for £1,250 which is the retail price, however the cost to the Defendant likely to be significantly less, probably less than £1,000. This advert also includes more work as apposed to the replacement of a bumper and side wing, fitted and sprayed quoted by <bodyshop> to offer like for like repair.

    ? Not sure what to state when you comment on "You could also state that this is specifically less then the amount quoted by previously, casting doubt on the veracity of his statement" ??

    Thanks
    Last edited by fandabby; 14th September 2017 at 10:02:AM.

  11. #261
    fandabby's Avatar

    Member



    Joined
    Jan 2017
    Posts
    169
    Mentions
    2 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Sorry guys just rewording the extra bit for the WS.

    Does this sound ok now? @Des appreciate if you could cast your eye over too please when you get chance. Many thanks


    This to be placed next point following receiving the bodyshop quote:


    Defendant’s advert (exhibit 61) for a VW T5 FACELIFT T5 T0 T5.1 OR T6 SPORTLINE £1,250. I wanted to see how much the Defendant charges in comparison to the <bodyshop> repair quote for a replacement bumper and side wing, fitted and sprayed.

    The Defendant’s advert includes a new bumper, bonnet, headlights, bulbs, wiring, sportline rep splitter, black gloss grill, all sprayed to match the van all for £1,250. This cost listed is the retail price, however the cost to the Defendant is likely to be significantly less, probably less than £1,000.

    This advert also includes more work as opposed to the replacement of a bumper and side wing, fitted and sprayed quoted by Taylor & Bushnell to offer like for like repair.

    The retail cost for the Defendant to undertake this facelift (which includes extras) is specifically less than the amount quoted by <bodyshop>.


    Once you guys think this is ok then I will update all the paperwork. Many thanks

  12. #262
    des8's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    8,114
    Mentions
    471 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    You've been busy while I was out, but it sounds fine to me.

    It's good to see from his advert that he has lots of assets if he becomes awkward about paying when you get judgement..... positive, that's me!

  13. #263
    des8's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    8,114
    Mentions
    471 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Dodgy van dealer's WS now available (https://1drv.ms/b/s!AqtA1NDCtfOqg3k81WiTcFZ0-VgT)

    What is notable at first glance are the lack of exhibits, and the gaps in the timeline.

    On a closer examination paragraph 42 is most interesting.
    He tries to show that because Fandabby had examined the vehicle she accepted its condition which then negates her statutory rights (interesting proposition!!)
    However more interesting is the statement ".. I reiterate the points made in my defence....in addition to making the following comments" and then follows the series of points trying to make out that Fandabby was a victim of caveat emptor.
    It is a blatant attempt by his solicitor to add to the filed defence, which surely requires court's permission.
    not concerned about the attempt, just the protocol.

    Does any one think it worth pointing it out to the court? If it was a LIP I wouldn't bother, but as it is this bully of a solicitor ........ @Amethyst @R0b

  14. #264
    R0b's Avatar

    VIP Member



    Joined
    Sep 2015
    Posts
    4,180
    Mentions
    690 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Well it should be raised paragraph 40 onwards regarding the defence points and request they be struck out and disregarded since a WS is a statement of fact and not to advance legal arguments, especially if there are additional legal points that were not contained within the original defence.

    I've only had a quick scan but there is always going to be an issue with a high mileage vehicle, though you would still expect the van to be of satisfactory quality, and any position of caveat emptor cannot overrule consumer rights.

    For the price paid (£14k I think it was?) you would expect the car to last longer without fault and be in a roadworthy condition. 550 miles isn't really that much if you break it down. For example, 50 miles means you've only really had 10 days usage on average. In any event, it would certainly be less than one month's worth of use if you want to be more generous about it.

    I haven't really kept track of this thread so I may be running over old ground here. One thing I spotted was there seems to be two witness statements, one shorter than the other whats up with that?
    DISCLAIMER: AS A PUBLIC FORUM, THE CONTENT POSTED BY ME IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE NOR DOES IT CREATE ANY KIND OF SPECIAL OR OTHER RELATIONSHIP BETWEEN YOU AND ME. IF YOU CHOOSE TO FOLLOW ANYTHING THAT I HAVE PUBLISHED THEN YOU DO SO AT YOUR OWN RISK AND COST, AND I CANNOT ACCEPT LIABILITY. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  15. #265
    des8's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    8,114
    Mentions
    471 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Thanks @R0b
    The second WS is from defendants friend who was previous owner and can be ignored.

  16. #266
    fandabby's Avatar

    Member



    Joined
    Jan 2017
    Posts
    169
    Mentions
    2 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Good morning

    I have just had an email from Defendant's solicitor informing me they have a Barrrister now and have submitted a skeleton to court and copied me which they are relying on in court.

    Can they produce this document day before hearing ? It is tomorrow at 10am ?

    Thanks

    Should I have also received a change of legal representative notice ? Which I have not or are these not needed because the Solicitor has taken this Barrister on ?
    Last edited by fandabby; 9th October 2017 at 10:01:AM. Reason: Added at bottom

  17. #267
    des8's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    8,114
    Mentions
    471 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    @Amethyst @R0b What thinks you?

    I have already responded to OP via PM.
    The main problem in the skeleton is that at the beginning there was an agreement for a sliding window to be repaired, and a smoking problem to be looked at, and the barrister is claiming that meant OP elected for repair.
    I'm suggesting the agreement applies solely to the window, possibly the smoking but not to all the other faults and so short term right to reject has not been lost

  18. #268
    R0b's Avatar

    VIP Member



    Joined
    Sep 2015
    Posts
    4,180
    Mentions
    690 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Maybe too little too late for this but usually a skeleton is giving 3 days in advance to the hearing, if you were given it 24 hours before you could request an adjournment on the basis of having no opportunity to review the skeleton. You would not have received any change of notice for representation unless the trader has switched solicitors, or gone directly to the barrister. If the solicitors have simply instructed a barrister then there is no change.

    You should also argue that any legal arguments in the witness statement should be struck out particularly about the defence as it is not a statement of fact and seeks to introduce further arguments not contained within the original defence.

    @des8 I see your point but perhaps it depends if the other faults were known after it was agreed to repair or before. If after, then arguably the realisation of further faults occurring could displace any previous agreement to repair and still allow the right to reject. It's a moot point I think.
    DISCLAIMER: AS A PUBLIC FORUM, THE CONTENT POSTED BY ME IS FOR EDUCATIONAL PURPOSES ONLY AND IS NOT INTENDED AS LEGAL ADVICE NOR DOES IT CREATE ANY KIND OF SPECIAL OR OTHER RELATIONSHIP BETWEEN YOU AND ME. IF YOU CHOOSE TO FOLLOW ANYTHING THAT I HAVE PUBLISHED THEN YOU DO SO AT YOUR OWN RISK AND COST, AND I CANNOT ACCEPT LIABILITY. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL ADVICE BY GOING TO Law Society's Find A Solicitor OR CONTACT YOUR LOCAL Citizen's Advice Bureau.


  19. #269
    fandabby's Avatar

    Member



    Joined
    Jan 2017
    Posts
    169
    Mentions
    2 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Still waiting to go in.

    I will ask that recent submissions be struck out and let Judge decide.

  20. #270
    Kati's Avatar

    LB Team Member



    Joined
    Jun 2014
    Posts
    11,644
    Mentions
    1194 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    good luck @fandabby xx
    Debt is like any other trap, easy enough to get into, but hard enough to get out of.

    It doesn't matter where your journey begins, so long as you begin it...

    recte agens confido

    ~~~~~

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    I can be emailed if you need my help loading pictures/documents to your thread. My email address is [email protected]
    But please include a link to your thread so I know who you are.

    Specialist advice can be sought via our sister site JustBeagle

  21. #271
    fandabby's Avatar

    Member



    Joined
    Jan 2017
    Posts
    169
    Mentions
    2 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Just been informed we delayed until 2. Prev case took longer.

  22. #272
    Amethyst's Avatar

    Site Owner



    Joined
    May 2007
    Posts
    60,823
    Mentions
    1825 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Ugghhh just what you want to do, spend the day hanging about court .... Are the recent submissions anything useful/interesting or just faff to try and complicate matters?
    “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

    Any advice I provide is given without liability, if you are unsure please seek professional legal guidance.

    Find Solicitors offering fixed fees on our sister site - JustBeagle.com

  23. #273
    des8's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    8,114
    Mentions
    471 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Quote Originally Posted by Amethyst View Post
    Ugghhh just what you want to do, spend the day hanging about court .... Are the recent submissions anything useful/interesting or just faff to try and complicate matters?
    OP told me they were guidance notes business on consumer rights act and a case they referred to in the skeleton.
    The case concerned inclusion of engineer's report fee in listed costs.
    So basically more scare tactics!

  24. #274
    fandabby's Avatar

    Member



    Joined
    Jan 2017
    Posts
    169
    Mentions
    2 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    Hi everyone - HERE IS THE UPDATE


    Finally back home. WE LOST :

    We were in court for just under 3 hours, allocated 90 mins, got from there 5.15pm

    Firstly I had an opening and raised concerns over defence and read from the notes re not turning up for allocation and completing DQ with me and said about advancing legal arguments in WS para 42 and the skeleton from the barrister only being submitted yesterday and being handed additional papers today in the waiting room supporting their skeleton, with this submission also a change in pleadings in their original defence which surely should not be allowed aside from the fact the lateness in submission and asked her to consider they are struck out from the hearing. She said no I will allow them !

    Judge said as a LIP I had an excellent presentation and was very impressed and that normally barristers do not attend, but let's get on with it.

    I answered carefully and caught the barrister off guard and kept going back to the core and argued 9, 10 & 11. I couldn't have done any better, was very precise with my answers.

    He lied as did his mate about informing us about tyres on legal limits and corroded door strap and that I said I would buy tyres anyway - I objected and said that is incorrect and said that defendant said it was a great van, cracking van no issues except wiper motor (for which I said they did not disclose he asked because it was noisy in operation) pointed them to his email exhibit 2 etc.

    Anyway in short Judge ruled the vehicle is unsatisfactory however my argument that I went on to reject the goods because of all the additional faults following agreeing for him to look at the window and intermittent smoke it not valid as the trader having the opportunity to look and repair the window and smoke can repair all the faults presented and others that he finds at that time is classed as a single repair regardless of how many faults found at the point of him having it back. I then argued on the basis of not as described or fit for purpose so I was not only rejecting under section 9 not satisfactory and she said that doesn't come into it because the fix should have happened first.

    Barrister had the Judge jumping all around paperwork talking about the repair stuff between the CRA 2015 and the additional papers served this morning; Consumer Rights Act: Goods, Guidance for Business, September 2015. She actually argued with the Judge which surprised me during her submission of this.
    I then argued what Barrister was saying and highlighted all the facts to why it led to rejection and then the Judge did her bit.

    Judge said defendant do repairs and let's see if you fix them all satisfactory. If not will see you back in court.
    Told me I have to work with the defence with arrangements and I need to get damage repaired first.

    Court costs to pay their travel and his mate's loss of earnings.

    Judge said we lost on technicality of agreeing the first repair although it was only for smoke and window he would have been expected to repair everything known at the time.

    They grinned ear to ear. Barrister was arrogant and looked me up and down and said you can go and I be in touch tomorrow.


    She has said that she will put a stay for 6 months (defence wanted 2 months) to protect us in case we need to put claim in again.

    If I got that skeleton out we would have won but judge refused for it to be struck out, I don't know why and I did say it was advancing legal arguments and changing their plead for defence as well as it being served very late but she dismissed me.

    I was massively polite, bit my lip - didn't interrupt.


    So what do you think this cost defence having solicitor writing all those letters, prep work for court and this barrister prep of skeleton and a full day in court ? Hope it cost him thousands!

    So I guess I have to see their proposal now.

    THANK YOU SO MUCH FOR ALL YOUR ADVICE, GUIDANCE AND SUPPORT, really appreciate it.

    I will keep in touch as it ain't over yet is it !

    Hubby just said, no wander she was rude to me at the end because I gave her sh*t in the court room and my answers went around to get in what I needed to say before actually answering and think she wasn't liking that at all.

    Glass of wine now and some food, not ate all day !

    PS my now liaising with this van repair I guess I wait for their proposal and see if they are genuine. I did ask him in front of the Judge would you repair this van with used or new parts as our discussion on 27 March had me worried when you spoke of collecting parts and taking off a van to get it fixed ! He said in a pause ' new of course '.


    Thanks everyone and @Des for keeping me grounded.

    I will hang around because it isn't over as he needs to repair the faults to be satisfactory.

    PS Judge did not rate Dekra report, found it confusing and incomplete, not describing it thoroughly, however she did rule it was unsatisfactory and if not to technicality (because agreed he can look at 2 faults, infact from law that means all faults so was unable to reject for the additional faults).

  25. #275
    des8's Avatar

    VIP Member



    Joined
    Mar 2013
    Posts
    8,114
    Mentions
    471 Post(s)

    Default Re: Court Claim issued, Storm Doris now damaged van UPDATE

    @fandabby You need to clear some of your PMs to receive new!!

Page 11 of 12 FirstFirst ... 789101112 LastLast

Similar Threads

  1. Is debt statute barred, court claim issued!
    By Nicki1906 in forum Received a Court Claim?
    Replies: 158
    : 13th November 2016, 17:37:PM
  2. Help please - County Court Claim Issued?
    By Glory1505 in forum Parking - Live Court Claims
    Replies: 45
    : 29th September 2016, 14:06:PM
  3. Help please - County Court Claim Issued?
    By Glory1505 in forum Welcome Forum
    Replies: 0
    : 3rd June 2016, 18:53:PM
  4. Court claim issued by HSBC on a faulty DN & TN
    By jumper999 in forum Consumer Credit Act
    Replies: 352
    : 13th May 2011, 12:29:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2017
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP