Court Claim issued, Storm Doris now damaged van UPDATE

[fandabby]

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

As for inspection just going to see if he turns up, then uncover and there is no way the van will start we struggled when we moved it to the back and it is front in so no access for vehicle to jump start it. Will need to be pulled out !
Do I give him crime report and quote involuntary bailee he should have collected when rejected or rather let him go away and do it through his solicitor ?

Thanks

[fandabby]

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

Missed that, sorry.
Might be worth while slipping it in, but omit " and since then I have been an involuntary bailee, since he has not made arrangements to collect his vehicle." Put it in at the end of chronology of events after listing the CRA legislations and before breakdown of costs ?

As judge has specified it must be filed and served by Monday I would send court copy Special delivery (or by hand if court is nearby.) our local court staff only there on court days (only security there I think normally) otherwise at head office some 50 mins away. I will call there head office and find out if there are clerks around to drop locally before deciding if should post. Managed to get Dekra report sorted too so will post all that off together.
Solicitors copy first class but with certificate of posting.

Thanks

[des8]

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

I would add " When the vehicle was rejected the contract could be treated as at an end (CRA 2015 20 (4); ownership passed back to Defendant "after Para 9. as that is when it happened chronologically

[fandabby]

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

I would add " When the vehicle was rejected the contract could be treated as at an end (CRA 2015 20 (4); ownership passed back to Defendant "after Para 9. as that is when it happened chronologically

Yes that makes sense, thanks

[fandabby]

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

[MENTION=39710]des8[/MENTION], I have PM'd this but thought I could put it in thread too:

So got myself in a pickle with these costs.

I paid the insurance up front full amount £439.
I put in 6 months as was thinking this would be over within 6 months and yes just did 439 / 12 X 6 to get that figure.


My full claim amount on the claim form including the interest and court fee comes to £16,155.27.
If I put in the full premium which is £439 it will take it over total claim amount?

How do i put these figures in now ?

This is what is in the statement of case on how I originally worked out the costs back in February for the claim:

Cost of Van Purchase £13,995.00
Inspection Report £199.00
4 x Wheels and Tyres due to cracked alloy and worn tyres £576.00
Fee to put original wheels and tyres back on for inspection £10
Vehicle tax @ 6 months (£230 / 12 X 6) £115.00
Vehicle insurance @ 6 months (£439 / 12 X 6) £219.50
Projected Cancellation Fee Vehicle Insurance £59
Postage fees up to 15/02/2016 £11.39

Sub Total £15,184.89

The claimant claims interest under section 69 of the £274.70
County Courts Act 1984 at the rate of 8% a year from
26/11/2016 to 15/02/2017 on £15,184.89 and also interest
at the same rate up to the date of judgment or earlier payment
at a daily rate of £3.35

Court Fee £695.68

TOTAL £16,155.27


?? What do you suggest and I presume it needs to add up to the £16,155.27 doesn't it ?

Thanks Des.

Hoping to get this completed today so I can post special delivery to the court to ensure it is there on time.

Thanks, appreciate your assistance.

[des8]

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

Replied on PM , and not writing it all again!

[fandabby]

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

Statement of Case all posted off. Another tick in the box thank you.

So tonight, Inspection. Thanks for all the advice Des.

My OH asked earlier, if he turns up with his mate again (very likely) we let them both on property for inspection? OH wants to say no to his mate but I have said no we can't be seen to be unreasonable. Am I right?

[des8]

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

I'd go along with you, Chelle, but if he /they become intimidatory have no hesitation in telling him/them to leave.
If he/they do not, then call the police

[fandabby]

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

Been and gone. He brought a neutral person to look over the van.

They pushed the van back, had no equipment. Took loads of photos.

The damage, he looked at it and didn't even ask what happened. Too calm !
So I said YOUR van got damaged day of storm doris. Reported to police. They immediately came as shocked there has been a crime as we live in such a safe place crime is unheard of. They asked me who'd i'd upset. Told him could be vandalism or storm it's unknown. I held out a piece of paper with date and crime no but he never took it so I put it back in my pocket.

He wanted to see smoke but never brought any equipment so van did not get started. They pushed van back and said won't take up any more of your time and he'd be in touch.

So what do you make of that?





He said nothing, took lots of pictures.

They engaged electrics and engine fan immediately kicked in and defendant commented that's the fan you were talking about. Looked under engine and he said yes there is an engine leak. Spoke quietly to his associate. They were here probably around 10 mins. Asked me to leave off the cover as it's rubbing the paintwork. So now uncovered and kids have even more strict instructions to go nowhere near it.

And I looked around the van after they left, OMG so much rust and patchwork on side panels, rear spoiler corner had paint over the top (cover up), botched paint job in places around the van. First time I saw what a cover up he sold me ! NEVER BUY A VEHICLE IN THE RAIN BUYER BEWARE !

[des8]

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

I would expect an attempt to reduce the amount of the refund due by arguing the damage occurred whilst in your care and custody.
You can prepare along the lines already discussed ie his vehicle from time of rejection. Damage occurred long time after that (it wasn't present when DEKRA inspection carried out) and you were only an involuntary bailleee, taking reasonable care.

Did he not make arrangements to collect?

[fandabby]

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

Will keep this thread posted and thanks Des.

Now I wait to hear what the offer is but I already know I am not prepared to take less because he has behaved so badly in this and I am not taking responsibility for the damage as yes it occured some 3 months after rejection.

I told him that I have video footage of van parked at top of drive dated and it's intact!

7 months on practically, court date around the corner, Judge said she wants to get this sorted so let's play it out if he cant offer properly.

[fandabby]

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

No no arrangements to collect, cool calm I'll be in touch. Just asked to keep cover off as it will damage paintwork. I told him police told me to cover after damage. He didn't respond.

[fandabby]

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

Hi

The court trial fee is due by 12 September, do I wait and pay end of Aug for in case I get an offer but tbh I don't think I will hear as it will be 6 weeks this thurs since inspection and no communication since - or do I pay now.

I won't forget but not sure when to make the payment.


As for my costs I am preparing ( receipts for postage, and losses resulting from this purchase etc) do I do 4 copies like WS or 2 one of me and one for Judge ?

Many thanks

[Amethyst]

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

I'd wait to nearer the deadline for paying the hearing fee - if you settle after you have paid it remember to account for it in the settlement figure as the hearing fee is no longer refundable.

Costs schedule you should do a copy for the other side too ( so 3 copies at least).

[fandabby]

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

Quick update.

Received a letter from another letter head from Solicitor for Notice of change of Solicitor.

Says to notify me and court of change and they will be in touch again shortly.

It is the same Solicitor and from checking this Solicitor has set up their own company 19 Apr 2017 so is now representing defendant under their company and not the previous company solicitor worked for. (checked with companies house and is the same person first and last name). Also just checked the website from previous letters and said Solicitor no longer on their list of lawyers so now setup for themselves.

So I wait and see what happens. Will hold off paying trial fee until beginning of September (due 12th) for in case they make me an offer but I am after full settlement due to him being a complete Ar*e and it's been months of stress and by the time we in court will be 5 weeks short of a year this has been going on .. and will have lost money anyway as I only allocated 6 months insurance. Is this reasonable of me ?

Urgh 8 weeks to wait and hopefully I can move on !