Car Dealer - 30 Day Right to Reject

[des8]

Have you written to Peterborough county court requesting reallocation of proceedings to your home court as you dispute their application?

It should be transferred to your local court IMO, and you will then be sent directions for the hearing (either a paper or in person) at which point we get your WS in place

[Mitche11]

I think Peterborough is my local County Court, there is a court closer to me but I don't think it is a County Court.

Can I dispute their application to set aside Judgement before the hearing or have I got to wait until I am sent directions for the hearing?

I phoned the County Court yesterday and they informed me that the Judgement has not yet been set aside and the Judgement is still in force, they also said it could take a minimum of 4 weeks for a hearing.

The Enforcement Agent is in receipt of my sealed Writ for Enforcement and are sending the defendant a Notice of Enforcement, if payment is not made an Enforcement Officer will attend. What should I do?

Do I need to make any amendments to my WS?

I would just like to thank you for all the advice and help you have given regarding my situation, it's very much appreciated :-)

[des8]

For some odd reason I thought Peterborough was 200 miles from you...... and no, I don't know why!!!
Find your local court here: https://courttribunalfinder.service.gov.uk/search/

You should wait for directions for the hearing,

Whilst the enforcement agent can still collect, if the set aside is granted it could cause problems.
Have you discussed the options with the enforcement agent.

Will go through your WS later, as no urgency at the moment

[Mitche11]

Morning, I have received a hearing date of the 24 October 2019 and I have gone through my Witness Statement again, I have attached a copy. The Court have said I can email everything over to the them before the hearing date. Should I wait until the hearing date or email everything over now? Draft Witness Statement.docx

[des8]

Don'y file or serve your Witness statement until the last moment.
When serving it on defendant send it by first class post with free certificate of posting from PO (do not send "signed for")

Can't read your WS as i don't use Word, but asking Amethyst if she can change format for me, please

[Mitche11]

I received today from the County Court a Notice of Hearing of Application for the defendant to set aside Judgement, it only gives the date, time and County Court address, I have not been given any directions by the court. It does not state if I need to attend or if there is anything else I need to do.

What can I expect at the hearing and is there anything I need to take to the hearing or send to the court before the hearing?

Please can you advise of my next step?

[des8]

You possibly won't have to attend.
You could write a very short note to the court explaining that the dealer has (in your opinion) no viable defence to your claim following your short term rejection as he supplied the vehicle with illegal tyres which made it unsatisfactory, and there is no right to repair. (Consumer Rights Act 2015)

[Mitche11]

On the Application Notice N244 the defendant has not supplied any information to question 10 but has ticked the evidence set out in the box below. The defendant has put the following in question 3. What order are you asking the court to make and why? Set Judgement aside, didn't receive claim forms, there is no faults to the vehicle and asking claimant to collect the vehicle from us.

I would like to attend the hearing.

Would the following be ok to send to the court before hearing to set aside or wait until the hearing?

The defendant has not supplied any evidence on the Application Notice but states the following as to why the Judgement should be set aside:

Defendant says he did not receive the claim form or my detailed particulars of claim.
The address the forms were posted to was the defendants registered address as listed on Companies House and on the defendants website.

Defendant says there are no faults with the vehicle.
The vehicle was collected by the defendant on the 19 July 2019 so they could inspect the faults, on the 31 July 2019 the claimant received an email from the defendant saying that the vehicle is free from faults and they have replaced all tyres. Claimant did not agree or request for the defendant to repair or replace anything on the vehicle.

Defendant has asked claimant to collect vehicle.
Claimant has not collected the vehicle from the defendant because she exercised her Short Term Right to Reject and then the defendant carried out repairs and replaced all tyres without the claimants authorisation.

As in the case of Bowes v J Richardson and Son Ltd (Rugby County Court 28 January 2004) the retailer had carried out repairs without Mr Bowes authorisation, this was taken as evidence of their acceptance that the car had been rejected, also it jeopardised the chance of getting an independent expert report.

Can I put in a request to the court to supply the evidence with regards to the above?

I sent a copy of my detailed Particulars of Claim by email to the County Court today, when I issued the claim through MCOL they only ask for the Certificate of Service to be sent to them by email and not the detailed POC.

[des8]

On the Application Notice N244 the defendant has not supplied any information to question 10 but has ticked the evidence set out in the box below. The defendant has put the following in question 3. What order are you asking the court to make and why? Set Judgement aside, didn't receive claim forms, there is no faults to the vehicle and asking claimant to collect the vehicle from us.

I would like to attend the hearing.

Would the following be ok to send to the court before hearing to set aside or wait until the hearing?

The defendant has not supplied any evidence on the Application Notice but states the following as to why the Judgement should be set aside:

Defendant says he did not receive the claim form or my detailed particulars of claim.
The address the forms were posted to was the defendants registered address as listed on Companies House and on the defendants website.
The court will know this as they have copy of claim forms.. so leave out
Defendant says there are no faults with the vehicle.
The vehicle was collected by the defendant on the 19 July 2019 so they could inspect the faults, on the 31 July 2019 the claimant received an email from the defendant saying that the vehicle is free from faults and they have replaced all tyres. Claimant did not agree or request for the defendant to repair or replace anything on the vehicle.
Change to: vehicle faults on delivery included noisy drive train and tyres which did not meet the UK requirements under The Motor Vehicle Tyres (Safety) Regulations 1994 (reg.7.)
Defendant has asked claimant to collect vehicle.
Claimant has not collected the vehicle from the defendant because she exercised her Short Term Right to Reject and then the defendant carried out repairs and replaced all tyres without the claimants authorisation.

As in the case of Bowes v J Richardson and Son Ltd (Rugby County Court 28 January 2004) the retailer had carried out repairs without Mr Bowes authorisation, this was taken as evidence of their acceptance that the car had been rejected, also it jeopardised the chance of getting an independent expert report.
Keep in

Can I put in a request to the court to supply the evidence with regards to the above? No, this is a hearing for set aside, not a trial of your claim,
failing to complete the form is his problem

I sent a copy of my detailed Particulars of Claim by email to the County Court today, when I issued the claim through MCOL they only ask for the Certificate of Service to be sent to them by email and not the detailed POC.

comments in red

[Mitche11]

Thank you DES8 for the above.

I have attached my detailed POC for you to see, I sent a copy by email to the court on the 2 October 2019 along with a copy of the Certificate of service. I have also attached a letter to send to the court in defence to the defendants Application to have Judgement set aside.

Please could you check the letter and if everything is ok, should I post it to the court or email or maybe do both?

Many thanks DES8

Detailed Particulars of Claim - Blocked Out.pdf Reason not to set aside Judgement - Blocked Out.pdf

[des8]

Your letter re set aside;

IMO 1) better to address "Dear Sir"
2)Judgment (not judgement) in legal proceedings.
3)omit " I am keen to offer my defence"
4) omit "In my defence I feel" and substitute "I believe"
5)omit "for the reason given below:" and substitute "as the defence has no reasonable prospect of success"

Email and hard copy

[Mitche11]

Thank you DES8, very much appreciated :-)

[Mitche11]

Good Evening DES8, I sent the attached letter to the Court on 7 October 2019, I have had no response from the court and the hearing is on 24 October 2019. I received the letter, Notice of Hearing of Application for the defendant to set aside judgment but the only information it gives is date, time and court address. The letter gives no indication if I need to attend nor any directions. Any advice?

Letter - Judgment not to be set aside blocked out.pdf
Notice of Hearing of Application - blocked out.pdf

[des8]

You should attend the hearing, and take with you all your original papers.
Did you file & serve your witness statement? If not, do so now

[Mitche11]

Original papers? I have not filed or served my witness statement as the judgment was by default (the defendant did not respond to the claim). I maybe wrong but I was under the assumption that if the judgment is set aside then it goes back to the claim stage and then the judge will give directions to file and serve my witness statement and exhibits to the court and the defendant.

When I phoned the court they said the hearing would not be that long and that the judge would ask the defendant 2 questions, I believe the defendant should have given evidence with his application but there was nothing other than they did not receive any claim forms, there is no faults to the vehicle and claimant to collect vehicle.

I am attending the hearing and I was going to take with me the evidence of the defendants registered office, the evidence of the faults with the vehicle and also the evidence that they have replaced the tyres, these being in defence of why I believe judgment should not be set aside. I thought the hearing was for the defendant to give evidence as to why they believe Judgment should be set aside?

Should I have sent a copy of the letter opposing Judgment to the defendant?

I am really confused