Rejected car - Disclosing info online

[BurntCookie]

Hello all,

Back in July, I rejected a car back to a second hand car dealership. I rejected it because on day 4 of owning the vehicle, it rained heavily overnight which waterlogged the car's ECU module. So in essence, as it was not raining when I picked the car up, the "fault" (whatever is supposed to protect the ECU from water has failed) was obviously there at the time of sale, especially due to the very short time frame that I had the car. Out of those 4 days, they had the car for 2 fixing a fault that occurred 15 minutes after driving the car away.

The dealership ignored the two letters I sent them about taking them to court so now I'm still in this mess (awaiting preliminary hearing in Jan)

My main question is this:

I asked for advice on another forum I frequent before I rejected the car, but I did not name the dealership. After they ignored those two letters, I felt like I was conned out of the few thousand I spent buying the damn thing so I felt like I had to name the dealership. I also left a couple of reviews online.

This dealership has intimidated me because I've named them online during legal proceedings and claim that their solicitors will get my case struck out because of this. (FYI, this dealership has quite a bad reputation online anyway)

Will it be a possibility that a judge would throw my case out because I've publicly named the company? I believe that I'm entitled to share my genuine experience online and what's been happening. However I have not:

• Made libel threats/directly threatened a staff member
• Made accusations (i.e. said that they deliberately broke the car)
• Named a staff member/disclosed personal information
• Pasted their defence statement from MCOL onto the internet
• Named the Judge listed on the preliminary hearing letter (who would?)
• Disclosed details about what was said during mediation
• Disclosed the reg of the car

Any thoughts?

Thank you in advance

[R0b]

Re: Rejected car - Disclosing info online

I think the dealership is scare tactics.

Statements of case e.g. particulars of claim, defence etc. once submitted are public record and anyone can make an application for those documents to be disclosed to them. In light of that, I cannot see how they can seek to strike out your case because you've named them online unless the judge has made an order that nothing about the case is disclosed or that you cannot name the parties to the claim or something to that effect.

If you can't name them on a public forum, does that mean you can't name them to your friends or family? Of course not.

Has the dealership indicated on what grounds they are looking to strike out the claim, have they even instructed any solicitors?

[BurntCookie]

Re: Rejected car - Disclosing info online

Thanks for the quick reply...

The judge hasn't ordered me/us to hush about the case at all.

All I know is, after I posted a Trust Pilot review about them - they reported it and then contacted me after 2 months since filing their defence to see if the case can be resolved.

I know now after arranging to meet them (and in agreement, delete the review) all they wanted to do is try and intimidate me with print outs of this other forum. The GM said this: "We've been to our solicitors and shown them this forum and they said 'lovely that's all we need'" to get my case struck out.

Before meeting them, he even told me over the phone that he was on his way to the solicitors as we were speaking (knew straight away he was talking out of his fat backside)

I just wanted to clarify this point with the wider community - I posted another review as this case has dragged out for 6 months and they reported that as well because I used people's initials. I've amended that review just waiting for TP to reinstate it, but oddly enough when my review was taken offline, 8 5 star reviews appeared out of nowhere.

[R0b]

Re: Rejected car - Disclosing info online

Rather than explaining how or when a claim might be struck out, you might want to read up on the following links. The first is the specific rule 3.4 under the Civil Procedure Rules on the grounds on which the claim may be struck out, and the second is the Practice Direction which goes into a little more detail on striking out a claim.

http://www.justice.gov.uk/courts/pro...les/part03#3.4
http://www.justice.gov.uk/courts/pro...t03/pd_part03a

The dealership will be entitled to use the forum posts to discredit you in some way especially if you have said one thing on there and then something else in your claim. Many people on this forum refer to the claimant/defendant company and I don't think there is anything within the CPR suggesting you are not allowed to name the parties with exception to any order made by the judge.

In addition, they may have a claim for defamation but that is whether or not what you have said is an honest opinion or belief of your experience with them.

Perhaps the GM is being a bit overenthusiastic here and this sounds like smoke and mirrors. If you are worried, wait until you receive correspondence from their supposed solicitors though if they would have already done so before the defence was filed.

[BurntCookie]

Re: Rejected car - Disclosing info online

Thanks for the links.

I have never lied or made up my experience about these clowns - all genuine. I've also not had any letters from their "solicitors" nor have I said two different things.

I just wanted to clear it up as I suspect they will try and express their hurt feelings to the judge - sounds childish but the stress these idiots have caused me warrants their business closing down. They have quite a bad rep locally and on club sites.

I appreciate the help!

[Kati]

Re: Rejected car - Disclosing info online

[MENTION=39710]des8[/MENTION] may have additional advice xx

[des8]

Re: Rejected car - Disclosing info online

Nothing to add ma'am!

It always amazes me the way some people think they can bully their way through life , 'cos that's all their behaviour is.