Court Claim issued, Storm Doris now damaged van UPDATE

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

That's all fine.
This is your letter and you can put in whatever you want, but I would not say"i look forward etc unless they were sending a cheque in full settlement!

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Good point, I will leave that line out.

I will leave in the other extra bits as having his friend with him on that visit already suggests intimidation and with it getting dark, What was he thinking !

thanks Des.

Too late to get to post office now so will get that posted with proof of postage tomorrow morning. It's within their timescale and up to them if they come back with a suggested appointment.

Will update once I hear. In the meantime I'll carry on getting those exhibits ready to accompany my WS so I can be ready for 20th. Presumably I keep adding to the WS up to when it is asked for so will need to include now receiving this letter and sending mine ?

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

The hearing on 20th is a short allocation hearing, so these last few letters aren't important.
It is in your interest to have the case allocated to the small claims track (costs!) so you really need to show the point in dispute is quite simple, basically as per the start of the reply to his solicitor ie short term rejection does not give trader a right to offer a repair!

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Thanks Des.

Was just reading letter once printed and


***********************

The vehicle has not been used since 26 November 2016, except for essential travel to tyre shop and relocation to a new house.

The mileage was almost all completed before rejection within the first thirty days and therefore does not constitute a change of position.
the "almost" word here, refers to the drive to tyre shop on 2/12 and house move on 9/12? all within the 30 days from purchase.

I read your other post too, thanks. Will be mindful to keep it direct and simple and refer to the first part of this letter.

Thanks

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

If you haven't yet printed the letter you could add in at the end something along the lines of:
"I would also at this point remind the court of your client's failure to follow court directions regarding the completion of the Directions Questionnaire."

Just to let the solicitor know what a D******D he has as a client. Not that it will worry him as it is probably on a conditionalfee arrangement.

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

So last paragraph to read..

Regarding your comments about the Court's attitude towards mediation/settlement I would welcome a discussion before the Judge about your client's ignoring my earlier offers of mediation or ADR. If he had responded positively to those overtures we may have avoided a lot of extra expense and not have had to initiate court action. I would also at this point remind the Court of your client's failure to follow Court Directions regarding the completion of the Directions Questionnaire. It appears the imminent court proceedings have forced him into taking his current action.


Thanks

Will print and post in the morning....

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Letter was sent yesterday 1st class with proof of postage.

Should they try and call to make inspection arrangement, (in letter asks for it in writing), do I

1. answer the phone ?
2. if answer the phone ask for them to write ?
3. if answer the phone make the arrangement there and then ?


I'm thinking they may phone as court date is 20th and their letter was dated 26th but did not get til 30th and my reponse sent 1st, that already makes it a week on and they said "it is a must that client inspects van within 7-14 days to then having meaningful discussions for settlement .. " on lines on this

Does it sound like they are trying to push for this with settlement before 20th so I close the court claim down ?


Another question; would it be unreasonable to ask that the inspection happens after 5pm on a week day or Saturday afternoon ? My OH works self employed and would want him here in which case we would not want him to have loss of earnings so would rather inspection when he has finished his work. Or is this unreasonable and again we lose more money and fit in with trader ?

Wandering what everythings thoughts were.

Many thanks

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

They can make all the threatening noises they like, but what can they do?

The court has set the timetable, and they had plenty of time to make an offer or attempt negotiations prior to that.

Also the court hearing is only to decide in which track to hear the case, so there will be time after that for them to make an offer.

You fulfilled all your responsibilities under CPR, but they have suddenly woken up and smelt the coffee.

Only arrange a collection or inspection when it is convenient for you. You could agree the appointment over the 'phone, but insist it is confirmed in writing.

This should have been settled back in December, I would not bow to them now they realise their position is not very positive!

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Thanks, stay on track and do not waiver to pressure or threatening letters.

I also spoke to the parent from the school this afternoon and she is not prepared to do a WS, don't want to get involved, pretty adamant and said her partner said no way too.


Will update when I hear from his solicitor.

[adamchrly]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

You have done a great job by taking pictures, you have every thing right to claim the case. Better consult an experienced attorney who can handle the case well and make you get compensated.

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

You have done a great job by taking pictures, you have every thing right to claim the case. Better consult an experienced attorney who can handle the case well and make you get compensated.

Like you Adam? Air fares across the pond might be a bit of a problem though!

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

We can't afford a solicitor, all our money paid for the van ! ....

Hence seeking support and guidance from the good people on this forum... to guide me as Litigant in Person in winning this case.

Thanks

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

I have some photos dated 4 December showing condition of van ie - not damaged and this is post rejection 26 Nov. We did a lot and posted to trader as he was trying to say we damaged the van.
I also have 4 videos two dated 28 Nov showing the turn of keys to start, smoking from exhaust and you can hear the engine fan kicking in (part of the fault) - one when it is still dark before OH went to work and the other about an hour later so show more clearly the smoke getting chucked out of exhaust. One dated 10 January showing it parked at new address again smoking and you can hear engine fan kicking in which I point out but more importantly it shows the bumper intact!

The other one is dated 23 February, day of damage showing the front where you can see the bumper has been ripped out.

Can I include these in my WS and put them individually on a disc, obviously all photos as same date can go on one but then all the video clips on their own disc. The date created can be verified presumably by a court technician. Would the Judge look at them in support of my case?

I won't include the damage in WS but have it on disc for in case trader's solicitor brings it up and he hasn't inspected the vehicle yet.

Please advise what you think here.

many thanks

[des8]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

If you want to include a video as evidence, you need to inform the court at an early stage.
This is becase the court will issue special directions as per Practice Direction 27 for Small Claims Track: (I'm guessing the case will be reallocated)
If either party intends to show a video as evidence he must –
(a) contact the court at once to make arrangements for him to do so, because the court may not have the necessary equipment, and
(b) provide the other party with a copy of the video or the opportunity to see it at least days before the hearing

[fandabby]

Re: Court Claim issued, Storm Doris now damaged van UPDATE

Thanks Des.

Do you think by showing these videos it will strengthen my case or the Dekra report should be sufficient ? They show all the smoke and you can hear the fan kicking in. Not sure ..

I can include the photos as an exhibit and print them but then the aren't date stamped just pictures.