Car Dealer - 30 Day Right to Reject

[Mitche11]

If the defendant does not pay the Judgement after the 14 days I have given, what do I need to do to transfer to the High Court?

The address on the claim is the defendants accountant as this is their registered address listed on Companies House and also on their website, the trading premises where I purchased the vehicle is at a different address, also on Companies House there is a correspondence address, I presume this is the defendants home address, what address do I use to enforce the Judgement?

Because the defendant did not respond to the claim and on the claim I put the following: Interest pursuant to section 69 of the County Courts Act at such rate and for such periods as the court deems just. What do I do about the interest?

Who pays the cost of Enforcement of the Judgement, the defendant or claimant?

Can anyone give me advice on choosing an Enforcement Officer?

Many Thanks

[ostell]

Google "HCEO" and you will find lots of hits on how to contact the sheriffs.

The cost of the action is added to the claim so the defendant pays. You only have to pay if they are unsuccessful.

You give the sheriffs all the adresses that you are aware of.

[Mitche11]

I have been looking into the dealership from whom I purchased the vehicle from and have found on Companies House that he is a director of 3 active companies. Two of them are car dealerships but with different company names and the other one is a vehicle recovery company.

Should I be concerned?

My claim is against the company I purchased the vehicle from, can Enforcement Officers go to the other companies and enforce my judgement? Should I have claimed against the director?

[des8]

The HCEOs will only enforce against the company named on the judgement.
You could not claim against the director personally

[Mitche11]

Thank you DES8 and OSTELL for your information. Just a quick question is the enforcement address the address I put on the claim (it's the defendants accountant) or the premises I purchased the car from? I will give the enforcement officers other addresses in the more information they ask for but was unsure of the main address I use for the defendant.

[des8]

I would use the registered office address, but under further info advise that it is their accountant's premises and that the judgement debtor trades from xyz
and has connections with any other addresses you know about.

[Mitche11]

Ok, thank you for the clarification DES8

[Mitche11]

UPDATE: I instructed The Sheriffs Office to transfer up and enforce Judgement on the defendant and paid the £66 fee on Friday 13th September 2019. Today I have received a letter for Notice of Transfer of Proceedings and a copy of the defendants Application Notice giving the reason and why, here is what the defendant states: set Judgement aside, we did not receive by post any claims forms. There is no faults to the vehicle, asking the claimant to collect the vehicle from us.

I phoned The Sheriffs Office today and they asked me to email the letter I received today, which I have done.

What happens now?

[des8]

Is this court advice that an application has been made, or just a letter from the defendant?
Could you please post up a scan so we can see?

So you will oppose the Notice of Transfer of Proceedings as you are a consumer and the Defendant is a Limited Company and you request the hearings are in your local court.
You will also oppose the set aside application because the company, as their emails show,knew you had rejected the vehicle as it was unsatisfactory and were about to issue a claim.
They would also have received the further Particulars of Claim which you sent in August (certificate of posting obtained from PO I hope)
With all that information they should have made enquiries about any possible claim.
Also their defence has no reasonable prospect of success as the defendant has tacitly admitted the vehicle was unsatisfactory by claiming the right to change the illegal tyres which were on the vehicle when delivered, besides the other problems

[Mitche11]

I think it is from the court. I have attached the letter with names and addresses blocked out. I sent the detailed Particulars of Claim and have proof from the Post Office I sent it from but upon checking the tracking number it doesn't seem to have been signed for and there is no other information only the date I posted the letter.

How do I oppose the Notice of Transfer and the set aside application? Notice of Transfer - sensitive information blocked out.pdf

[des8]

Did you send the Particulars "signed for"?
You should have just sent them first class with certificate of posting.
If you sent it "signed for" it probably hasn't been delivered as it was possibly refused.
You'll get it back in a few weeks!

did you write as per post 51 warning him of impending claim?

[Mitche11]

Yes I did send detailed Particulars of Claim to their registered address "signed for", I phoned the post office helpline and they just said it must be lost in the post, I did not put a return address on the back.

I have attached a letter that was received by the defendant and signed for. Letter 31:07:2019.pdf to their trading address. The following email was also sent to the defendant on 6th August 2019:

I am making one last attempt to try and resolve the matter before initiating court proceedings as the court likes to see that we have tried to resolve the matter out of court. I have asked you on numerous occasions if you are a member of an ADR Scheme but you are unwilling to give me a yes or no answer.

I don’t think that you fully understand that under The Consumer Rights Act 2015, Short Term Rights to Reject, a consumer can reject a vehicle 30 days from the day after they take delivery of the vehicle and request a full refund. You cannot insist that I accept a repair or replacement if I want a refund.

I reported to you on the 13th June 2019 that there was a fault with the differential, you also spoke to Wicken 4x4 yourself. You was also made aware that putting mismatch tyres on the same axle of a vehicle, potentially causes mechanical stresses in the transmission system, especially the central differential.

On the 17th June 2019, I was made aware by you that the rear tyres you fitted to the vehicle, were not new. Upon further investigation of the rear tyres by Tyresafe, who work closely with Trading Standards, I was informed that the tyres do not meet The Motor Vehicle Tyres (Safety) Regulations 1994 which are part of the Consumer Protection Act. The tyres you fitted prior to purchase made the vehicle unsafe and unroadworthy, therefore made the vehicle unsatisfactory and not fit for purpose under The Consumer Rights Act 2015. The Road Traffic Act 1988 makes it illegal for any person (including private individuals) to sell, offer to sell or supply, and expose for sale an unroadworthy vehicle.

You are saying I cannot reject the vehicle because of tyre noise, can I make it clear I have not rejected the vehicle because of tyre noise. The reason I am rejecting the vehicle is because of a fault with the differential and most importantly the vehicle is unsafe and unroadworthy because the rear tyres do not meet The Motor Vehicle Tyres (Safety) Regulations 1994, part of The Consumer Protection Act.

You have replaced the tyres that did not meet The Motor Vehicle Tyres (Safety) Regulations 1994, I did not request or agree for any repair or replacement on the vehicle. I exercised my Short Term Right to Reject under The Consumer Rights Act 2015 within 30 days of purchasing the vehicle, you cannot insist that I accept a repair or replacement and you cannot issue me with a storage charge for the vehicle.

If you are still refusing me a full refund then I will be initiating court proceedings, you was given 7 days notice on the 31st July 2019.

Regards,

The defendant replied on the 6th August 2019 with the following email:

We will not redound on the base they were nothing wrong with the vehicle when we sold to you. We have a pdi report when we got car back that there was very, very Minuit noise coming from the back of the vehicle. We changed all four tyres which sorted the road surface noise so they for car does not have a mechanical fault for the car to be rejected.

Also, we need vehicle picked up by you as soon as possible. Please inform us prior you arriving to collect your vehicle.

[Mitche11]

I sent all letters to their trading address but the claim and particulars of claim were sent to their registered address (their accountant).

I just can't help thinking that they ignored the claim, they are saying that they did not receive any claim forms. How could they not have received at least one, the detailed Particulars I sent or the court claim form from the court? The registered address is their accountant and it clearly states the address on their website and on Companies House, I also checked the address of their accountant online so I had the correct address!

One thing I did notice, on the letter received today the defendant put claim forms but isn't it a claim form unless issued with separate detailed Particulars. I maybe reading to much into it but I just can't help thinking that they are doing anything just to drag things out.

[des8]

So write to the Peterborough court asking for the proceedings be transferred back to your nearest county court on the basis that you are an individual and the applicant for set aside is a limited company as per CPR 13.4

[Mitche11]

So write to the Peterborough court asking for the proceedings be transferred back to your nearest county court on the basis that you are an individual and the applicant for set aside is a limited company as per CPR 13.4

Good Evening DES8 the proceedings were transferred to Peterborough as I started the claim on MCOL and they transferred to Peterborough.

The defendant has applied to have Judgement set aside, it has not yet been heard, therefore the Judgement is still in force. I am in receipt of the sealed Writ for enforcement and a Notice of Enforcement is being sent to the defendant.

I was told by the County Court that it could take weeks before application to set aside Judgement is heard.

I have been working on my Witness Statement in case Judgement is set aside and proceedings go back to claim stage.

I have attached a copy of my Witness Statement but have blocked out names, address etc.

Blocked Out Witness Statement.pdf