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Car Dealer - repair refused at the outset.

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  • #91
    Originally posted by Apollo14LMP View Post
    Thank you for your kind advice ...
    I think t he case does have merit , if i were going to strike out, which you need to be aware carries risks including the risks of adverse costs, but if i were stiking out this case id go on the evidence that you have in that when all the dust settles they have no defence because you offered to allow a repair they refused, the repair wasnt in a reasonable time and therefore the rejection is valid. Therefore the case put forward by the defendant has no merit
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    • #92
      So whilst awaiting Directions questionnaire I suggest you start drafting your witness statement so it doesn't have to be rushed.
      We can also draft a reply to his defence.


      • #93
        I did a pretty comprehensive Particular of claim - will i have to repeat much of that ? or do I need to just start with drafting a reply to the defence - the POC was detailed and I referenced many documents in that ... the phone records - copies of breach letters - LBA and documents relating to the car.

        I did post full defence but Im wary of these people. Im happy to and thanks for all the help !

        I really felt I had to warn others about these Legalsolutions people they are aggresive vile and may scare some people ... Amethyst mentioned I am distracted by then and to that point I am I agree but I would want others to be wary in dealing with these pond bottom feeders.


        • #94
          You will need a witness statement, which is a chronological statement of facts.
          Each paragraph numbered and references to exhibits by number.
          The exhibits are each numbered and in a separate bundle with an index
          Each page numbered.


          • #95
            examples of witness statements here https://legalbeagles.info/forums/for...ness-statement


            • #96

              Thanks for the links - I have made a formal complaint to the court. They responded quite quickly, next day in fact and have promised to contact me in so many days ( by 26th). I have also sent an N 244 Application as it will not cost me to apply - I do not consider the N 244 submission to be unreasonable. So it might be the case I can get it struck out. I have used the example of false statements, I have also used the advice from PT2537 and DES8 to suggest that I have made a fair complaint to the car dealer. The car was rejected after they refused a repair - they never did anything in a reasonable time frame. They effectively gave their opportunity to fix the car up when they refused to fix it ... so I have a valid reason to reject the car. Hopefully, the court might save us all some time and effort and do the right thing. I just said that - I cannot see that their legal argument has any chance of success. But that would clearly be a matter for the court if this application is not approved.

              I had nothing to lose by doing the N 244 might draw some attention to the cowboys! and I'm not sure if it might cost them to defend the N 244.

              I also think that the defendant has not been signing the court forms with the statement of truth wording on them. The court
              were very swift responding and asked me were the N 244 was ? (in the post) ... so I m not sure how they deal with people in the civil courts who just disregard the law. If it was a criminal matter would all be locked up lol. That is my gut feeling - the dealer just sends everything to their "legal man" - he is not someone who is adverse to signing and altering forms !


              Car dealer emailed me yesterday - offering to look at the car share the cost of transporting the car ... still my fault
              etc etc .. not even responding to their "kind" offer ...

              Thank you DES8 I have started to construct the statement doing it bit by bit using that wonderful template ! thank you so much !!!


              • #97
                The defence of the defendant statement contains NO statement of truth ... I have also found some clear cut lies ... what happens when someone sends in a statement which is false and full of lies ?


                • #98
                  CPR 22 (2)
                  (1) If a party fails to verify his statement of case by a statement of truth –

                  (a) the statement of case shall remain effective unless struck out; but

                  (b) the party may not rely on the statement of case as evidence of any of the matters set out in it.

                  (2) The court may strike out(GL) a statement of case which is not verified by a statement of truth.

                  (3) Any party may apply for an order under paragraph (2).

                  Failure to verify a witness statement

                  22.3 If the maker of a witness statement fails to verify the witness statement by a statement of truth the court may direct that it shall not be admissible as evidence.

                  Practice Direction 22
                  4.1 If a statement of case is not verified by a statement of truth, the statement of case will remain effective unless it is struck out5, but a party may not rely on the contents of a statement of case as evidence until it has been verified by a statement of truth.

                  4.2 Any party may apply to the court for an order that unless within such period as the court may specify the statement of case is verified by the service of a statement of truth, the statement of case will be struck out.

                  4.3 The usual order for the costs of an application referred to in paragraph 4.2 will be that the costs be paid by the party who had failed to verify in any event and forthwith.



                  • #99
                    Been on phone to court complaints who have been most helpful ... N244 wasn't needed. The case has been sent to the Deputy District Judge for determination on the basis of a well-founded complaint from me made with all the help from kind people here. False signatures on court forms ... false signatures on statements .. and evidence contrary to what I can prove! Oh dear, i hope they don't get into trouble ...

                    Hope this gets struck out will then pay HCEO to deal - hope Judge doesn't give them time to submit something else !
                    Last edited by Apollo14LMP; 18th March 2019, 10:16:AM.


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