Has the dealer breached the law and what can I do?

[Pezza54]

IMO not worth the tome, hassle and stress for a small claim that may be diminished in court
However small the claim, the claimant still has to follow CPR

[trover]

IMO not worth the tome, hassle and stress for a small claim that may be diminished in court
However small the claim, the claimant still has to follow CPR

Hi Pezza, 14 days has passed and I haven’t received a penny. Should I start the court claim now or wait for a little while? It seems the cost is cheaper using the Money Claims Service (£25 instead of £35), is there anything that I should pay attention to? Thanks very much.

[Pezza54]

Did you send the proof the dealer requested in post #43?

[trover]

Did you send the proof the dealer requested in post #43?

Yes I did, in fact almost two weeks ago.

[Pezza54]

Yes MCOL
Provide brief details of your PoC and tick the box full PoC to be forwarded. Send the full PoC to the defendant within 14 days. No need to file a copy with the Production Centre. It should be sent to the allocated county court within 5 days of you receiving the allocation notice, which can be several months into the process.

[trover]

Yes MCOL
Provide brief details of your PoC and tick the box full PoC to be forwarded. Send the full PoC to the defendant within 14 days. No need to file a copy with the Production Centre. It should be sent to the allocated county court within 5 days of you receiving the allocation notice, which can be several months into the process.

Thanks, I will look in detail this evening. If I file the claim today and the next day the payment turns up, will I be able to get my court fee back?

[trover]

Pezza54 I have some great news. After the defendant rejected my claim, the case was sent to my local court. The defendant then emailed me and decided to settle the case, paying me the remaining amount. I am going to accept it as the full and final settlement.

I called my local court and was told that an email notifying the court regarding the settlement would suffice. However, I am aware of the existence of the N279 form. How should I notify the court, and is there anything I should pay attention to when accepting settlement? Thanks.

[Pezza54]

Great news, thanks for the update
An email to the court will suffice. It is only a very small claim so any court order regarding legal costs does not apply
Just make sure you receive the money from the dealer before you send the email to the court and a copy of the email to the dealer

[trover]

Great news, thanks for the update
An email to the court will suffice. It is only a very small claim so any court order regarding legal costs does not apply
Just make sure you receive the money from the dealer before you send the email to the court and a copy of the email to the dealer

Thanks for the swift response. I will do that when the payment has cleared.