Car Dealer - repair refused at the outset.

[Apollo14LMP]

No idea why these people havent put defence in ... assuming they get post from R Office ... still trading so will see what goes next.
reading suggests that it would now cost 255 for set aside and will need to satisfy court of cdrtain things
delighted to cause these people some hassle and costs .. could have fixed the car would have been cheaper ... very difficult to do and have had amazing support from people here ....
ICO aware of this sham outfit also need to get theur act together and stop selling joey cars
thanks for all the help ...

[Amethyst]

Did they acknowledge the claim ?

If so, and you issued on 1st Feb they do still have a few days to file a defence ( 33 days allowed (28 plus 5 for service ) ) so 5th March deadline ?

If not acknowledged then you could ask for judgment in default now but of course they may apply to set aside .... you can defend the set aside if you have evidence that they had received the claim ( eg mentioned it in any of their emails/letters after it had been filed )

Of course if you do get Judgment and they don't apply to set aside there will still be the matter of enforcement.

[Apollo14LMP]

Court said they received nothing from car dealer. No acknowledgement .. no defence - seem blissfully unaware I did warn them.

I sent only obligatory warnings ... to RA and LS4U they are woeful not sure what their client will think ???

Set aside will cost them more money and time ... dont know why they didnt respond ... listen to LS4U who thoguht they could tell me what to do and send mail to them ?? after being aggressive and rude ..

Been told before set aside happens judge will have to look at case ... i did things right so default judgment applied for.

My experience of these skinflints is that they dont collect or have mail sent to their R Address sent on or out ...

Put a good case forward so court might not set aside anyway ... ?

Money wasted on LS4U and set asides could have bought engine repair car !

The arrogance of these people and their contempt saddens me ..

Spoke to HCEO yesterday and am going to pay the 150 fees to take the CCJ to high court no messing .. get my money back anyway ... just need that piece of paper would be worth 150 to see their little faces ... nasty people they they are !

[des8]

Well good luck with enforcement ... please keep us informed

[Apollo14LMP]

I will I have to say a very big thank you to you personally ... you have been so helpful at a difficult time. Your patience and kindness are appreciated without this site and people like you these rogues would run amok. Rogues that's what they are ...

Whatever happens might think twice next time ...

need to focus on wifes health now ...

thank you all so much .... good health to you all .

[Apollo14LMP]

Disappointed - court have just informed me that they filed Acknowledgement of Claim (22/2/19) - not seen it yet - so how long before they have to send in their defence ? ... here we go again ... I think they have until the 7th March ?

Guess their efforts will be centre on the form I signed to send the car back to them !

Been discussed before but will that stand up - mentions 30 days ! these people have so much neck !

[Amethyst]

You issued the claim on the 1st Feb - so you COULD have asked for default judgment on the 19th.... but it is likely it would have just gone to a set aside application so don't worry about that. So Defence is due 28 days after service, and 5 days are allowed for service - 33 days overall - so 4pm 6th March deadline and you could ask for default judgment on the 7th.... but if they file a day or two late then it is likely to be allowed so I'd wait until Monday to file for a default judgment if they don't defend tomorrow.... can you not log in on moneyclaim online to see the information or did you file on paper in your local court ?

[Apollo14LMP]

Thanks ... not on line ccmcc as i claimed fee exemption which isnt available for small claims online ... i would imagine LS4U will concoct some kind of a defence for the car dealer ..
i will look out for the dates though see if the defence does come. Im sure it will .... this solicitor who is struck off is gettting dealers to fight these things in court he promotes it in fact like lawgistics sort of do ...

[Amethyst]

Okay might be a bit slower so I'd def wait till Monday and speak to the court before asking for default judgment. It really just prolongs things if you jump on a default judgment as they'll only apply to set it aside..... personally I'd write to them on 7th to say - your defence was due on 6th, haven't had it, I'll be asking for default judgment on 14th. Recorded delivery to the actual defendant. Then if they apply to set aside they have much less chance of succeeding.

[Apollo14LMP]

I have just received the Acknowledgement of service dated 22/2/2019 - it says they are defending all the claim ?? - so no defence yet as I rang court. They said ring back on Tuesday after 16.00 hours to ask for default judgment if they don't reply. Im sure they will come up with some nonsense / rubbish. But who knows this LS4U is doing its best to see people turfed by these car dealers … who could make this up !

Court say Tuesday (16.00) is the last date for filing but they are days behind . ...

Not sure who would represent the car dealer in court ? as he didn't seem to be an Oxford graduate to be honest !

Just upset to see this car seizing up outside - its battery is dead and cannot be moved what a sad sight - no transport ..

What would happen if I went to court and lost - would they still have to put the car right ?? - though I fear that a new engine in it would be uneconomical ?

I rang them asked to fix it and refused .. and it s all my fault … how can that be right.

[des8]

Why should you lose?
The car did not conform to contract (you have an independent diagnosis) and you asked for it to be fixed.
Trader refused so you rejected vehicle and have gone to court as they refuse to pay.
This was as explained at start of thread, and assuming your claim was worded correctly all should be well.

[Apollo14LMP]

I have just received a defence from the court - from the defendant - LS4U.co.uk I mean...

I will post it up in another post redacted of course ... basis of claim ignores my phone calls to them and various other nonsense ..

[Apollo14LMP]

[Amethyst]

Who has signed the statement of truth ?

What are paragraphs 1,2,3,4 ?

[Apollo14LMP]

The car dealer has.... para 2 3 4 5 identify dealer no legal value so left it out....