Dealer Ignoring CRA 2015 & ignored LBA for 15 days. Small claims or cut my losses?

[yogiemoji]

Hi des8,

Just an update:

I received an email from the courts saying:

The dealer 'has rejected your claim.

They’ve suggested you both use the free mediation service. You need to respond to their suggestion before 4pm on 25 April 2022.'

I will accept the use of the mediation service and see if we can come to an agreement, but if we don't reach an agreement it will automatically proceed to court.

I've checked the dealer's claim and he's made two false statements:

1. "We always advise costumers to get private inspection done before purchasing the vehicle" - He never did this.

2. "Even then i offered them return as a good gesture" - He only said he'd accept the vehicle if we pay an admin fee (of £260) + charge us any repairs after inspecting the car. There was no good gesture or offer of a full return.

Part of the mediation section asks whether I want other people to give evidence. My mother came with me to see the car and my brother was aggressively sworn at, repeatedly, by someone in the building when he was delivering a letter on my behalf. Would it be acceptable to put them both down to give evidence, if needed?

Kind regards,
Yogi

[des8]

His false statements don't help his case at all !

Use all the resources available to argue your case at mediation.
It does mean you should be prepared to give some way, and to be honest it is worth it to avoid the stress and cost of court

[yogiemoji]

His false statements don't help his case at all !

Use all the resources available to argue your case at mediation.
It does mean you should be prepared to give some way, and to be honest it is worth it to avoid the stress and cost of court

Thank you for your reply @des8,

With mediation, does the mediator have the power to decide the monetary amount, or is the mediator just a go-between for both parties? In other words, will he explain our side and tell the dealer to come to an agreement, and if they refuse is there anything the mediator can do about it?

I will explain our side in short and the amount we're claiming back in damages, plus the refund; from the dealer's response I'm assuming he's willing to now accept a return of the car but nothing more. I am willing to compromise but the damages are a lot and as the delay in returning the car is due to the dealer I do believe he should pay the majority of the damages. I can't compromise further than that.

Kind regards,
Yogi

[des8]

The mediator will not decide anything for you, nor tell the dealer to come to an agreement
He acts solely as a go between, shuttling between claimant and defendant trying to find common ground.

[yogiemoji]

Hi @des8,
The engineering company has refused mediation, hired solicitors and has asked for an extra 14 days (+1 month). Does the fact that they have solicitors put is at a disadvantage or will the judge recognise that I'm just a citizen without legal knowledge?
Also, if I lose the case would I have to pay their fees?

Kind regards,
Yogi

[des8]

If you kept your claim under £10,000 it should be allocated to small claims track, and as long as you do not act unreasonably, costs allowed are minimal.

As a matter of interest could you name the "solicitors".
Car dealers have a habit of using legal advice firms who are not solicitors, and who do not have the right of audience (so never appear in court)

[yogiemoji]

If you kept your claim under £10,000 it should be allocated to small claims track, and as long as you do not act unreasonably, costs allowed are minimal.

As a matter of interest could you name the "solicitors".
Car dealers have a habit of using legal advice firms who are not solicitors, and who do not have the right of audience (so never appear in court)

Hi des8,
The dealer isn't appointing solicitors yet. Here I am referring to the other case against the inspection company (sorry accidentally called it engineering), they have appointed official lawyers. Would you like the name of the solicitor company?

Kind regards,
Yogi

[des8]

I'm surprised that they would bother to instruct solicitors for a claim under £1000.
If they were to represent them in court the solicitor's charges would be several times the value of the claim, and could not be recovered from you.

More likely scenario is for them to make a claim under their professional indemnity/public liability policy, although the excess on any such insurance is likely to exceed £1000,
.
Always interested in seeing who is working for the other side and checking out their reputation, but not important.. just me being nosey!

[yogiemoji]

I'm surprised that they would bother to instruct solicitors for a claim under £1000.
If they were to represent them in court the solicitor's charges would be several times the value of the claim, and could not be recovered from you.

More likely scenario is for them to make a claim under their professional indemnity/public liability policy, although the excess on any such insurance is likely to exceed £1000,
.
Always interested in seeing who is working for the other side and checking out their reputation, but not important.. just me being nosey!

Hi des8, I'm claiming above 1000 as the claim includes the repair for the damages they've caused and the loss of pay from the day and correspondence with them. It took a whole day to completely break down their engineer's false statement and the engineer's report.

The company representing them is Plexus.

[yogiemoji]

Also, in regards to my other claim, against the dealer, we were not able to come to terms via mediation. He was not willing to pay any of the damages or court fees. He is only willing to offer the return now.

He said that we refused to return the car to him. However, we did try to return the car but we were met with significant aggression, and following that we called the dealer to try and reach an agreement 11 times. He was never willing to budge. I wouldn't want to go back to an aggressive environment without having an agreement to hand.

Kind regards,
Yogi

[des8]

Re engineers:
a claim under £10,000 will be allocated to the small claims track where costs are very limited, so if it ever gets as far as court and you lose, you will not be hit by the defence costs.

I suspect that what has happened is that following your claim the engineers have referred it to their insurers, who in turn have passed it to their panel of solicitors.

Interesting that the engineer reports there was no dent when he inspected the vehicle, but you saw it within 6 minutes of him leaving!


Re dealer:
Remember that having rejected the vehicle it was for him to collect and you to make it available

[yogiemoji]

Hi des8,

I have been ordered by the court to send all documents relevant to the case (contract, emails, witness statements, etc).

In the order letter, it states that 'permission has not been given to rely on the evidence of an expert.' Does that mean we can still add the evidence we've gathered but we can't call in an expert?

Although the engineer's report doesn't add value to the case, as we've discussed, it does state that the crack to the passenger door 'is historic and would have been present at the point of sale', could I use this extract from the report or would I need to include the report in full?

The estimated hearing time is 2 hours with the small claims track. It also states that the judge has issued this order without a hearing.

I really appreciate your time and help DES8, thank you.

Kind regards,
Yogi

[des8]

Hi des8,

I have been ordered by the court to send all documents relevant to the case (contract, emails, witness statements, etc).

In the order letter, it states that 'permission has not been given to rely on the evidence of an expert.' Does that mean we can still add the evidence we've gathered but we can't call in an expert?

Although the engineer's report doesn't add value to the case, as we've discussed, it does state that the crack to the passenger door 'is historic and would have been present at the point of sale', could I use this extract from the report or would I need to include the report in full?

The estimated hearing time is 2 hours with the small claims track. It also states that the judge has issued this order without a hearing.

I really appreciate your time and help DES8, thank you.

Kind regards,
Yogi

You have not used an "expert", but have commissioned an independent report!
If it is not adding anything to your claim don't risk using it, but if you do the court may well disregard it anyway

[yogiemoji]

You have not used an "expert", but have commissioned an independent report!
If it is not adding anything to your claim don't risk using it, but if you do the court may well disregard it anyway

Thank you des8, I included the engineer's report in our claim's evidence list, but if I leave it out would the Judge question me about this?

[des8]

As you have already listed it I would leave it in, and if questions are raised just be 'umble, apologise and say you left it in as it was already mentioned