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Car Dealer - 30 Day Right to Reject

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  • No matter.
    Just take everything with you.
    You will need to argue that he has no reasonable prospect of winning his claim if he obtains set aside.
    Your WS is your evidence and it is better that the judge gets the chance to read it before the case than you try and spring it upon them during the hearing.
    So at least submit the WS to court with short letter
    .
    Judges manage cases as they see fit, so it is always best to be prepared for all eventualities

    Comment


    • Originally posted by des8 View Post
      No matter.
      Just take everything with you.
      You will need to argue that he has no reasonable prospect of winning his claim if he obtains set aside.
      Your WS is your evidence and it is better that the judge gets the chance to read it before the case than you try and spring it upon them during the hearing.
      So at least submit the WS to court with short letter
      .
      Judges manage cases as they see fit, so it is always best to be prepared for all eventualities
      Hi DES8, I have attached my response to defendant's application to set aside judgment and have also attached my witness statement. I was hoping you would take a look and give me feedback. If everything is in order with my witness statement and response shall I email them to the court and the defendant also send them by post?

      Judgment Response blocked out.pdf
      Draft Witness Statement blocked out.pdf

      Many thanks
      Attached Files

      Comment


      • As you are so near court date I would email to court only "for information" and not bother with dealer.

        Comment


        • Is the Witness Statement and Judgment response ok, is there anything I need to change and shall I send both to the court? I was under the assumption that I had to send to the defendant as well otherwise I am going against the rules, is that correct?

          Comment


          • The court has not directed you to file or serve WS,.
            You send for information to the court a copy of what you would produce at a hearing of your claim in the hope the judge will read it and dismiss the application for set aside as having no reasonable prospect of success.
            Documentation OK

            Comment


            • Ok, thank you for clarifying

              Comment


              • UPDATE: Attended Court today and the defendant was a no show, his application to set aside Judgment was dismissed.

                Comment


                • That's good, but what a waste of time!
                  Back to enforcement agent then

                  Comment


                  • Throughout this case the defendant has wasted time. Yes back to enforcement, it's not over until I receive the money but I have a feeling the defendant will try something else to avoid paying.

                    Comment


                    • Good Evening DES8, I would just like to give you an update. The Enforcement Agent visited the defendant today and the defendant paid the debt. I have to wait 14 days to receive the money but at least I have not got to worry about the defendant not paying.

                      Just one last question: I still have the Log Book for the vehicle and a key, what should I do?

                      I want to thank you for all the help and advice you have given me, it is very much appreciated and I cannot thank you enough. I hope my experience will help others in a similar situation.

                      Comment


                      • That's good
                        Send the key and documentation back to the dealer (get a free certificate of posting from post office)
                        Don't forget to advise DVLA of new keeper if you haven't already done so.

                        Comment


                        • Ok, thank you DES8

                          Comment

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