Court Claim issued, Storm Doris now damaged van UPDATE

[fandabby]

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

[MENTION=39710]des8[/MENTION], hope you don't mind me tagging you, you've helped me out a lot and I appreciate it, thanks.


So we are day 8 now and the trader had 7 days to give me his decision on refund or mediation to resolve. - no response ....

Do I now text him to suggest a day/time to call him to complete the Fast Track DQ or shall I complete it myself and send it in.

He clearly has no intention of refund or mediation otherwise he would have been in touch already. I checked Royal Mail tracking and he missed RM delivery last Thurs but he signed for it last Friday morning. Presumably 7 days was up yesterday following him signing for the letter.

On another point, his website is no longer available - "
Looks Like This Domain Isn't
Connected To A Website Yet!

"

So it seems he is trying to hide now. I already have saved webpages on his website, ebay listings and facebook page he runs and his private account on fb which says he owns the business so he can't hide.

Not feeling confident but have to pursue because we are down a vehicle and needed it to get us about. Car we have currently is slowly falling apart and we have no money to buy another vehicle until this gets sorted. All our years and years of savings went into buying this.

How do I proceed from here please.

Appreciate all the support I/we are getting from here. Thanks

[des8]

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

You have another 2 weeks before the DQ is due in, so wait awhile yet.
Perhaps next Monday send him a nudge and if he doedsn't respond within the week get ready to send the DQ back with a note and copies of your requests to him showing his lack of cooperation.

[fandabby]

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

How many letters do you think I need to send to ask him his availability for me to telephone him to complete the DQ before sending the DQ back should he still ignore me? Should I continue to ask if he wants to do mediation too?

It needs to be in by 21st April so would want to send DQ no later than 18th to ensure I do not miss the deadline.

I have the notes in this thread for filling in the DQ, thank you, I will probably need some help with wording the note if that is how it transpires...

Many thanks des8. Will sit tight til Monday and send another letter if nothing in post from him Sat or Mon.

[fandabby]

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

I haven't heard anything from the trader and I know he's about because I have checked his facebook feeds.

I need to send another letter tomorrow to chase this as the DQ needs to be at the court centre by 21 April.

Here is the letter I intend to send:

"
Dear X

Following my letters dated 23 and 29 March 2017 regarding settling the claim before going to court with either you accepting our rejection for refund under Consumer Rights Act 2015 or agreeing to mediation to resolve this, I have not heard from you following my last letter to settle this claim.

Presumably no communication from you means you do not want to settle or go to mediation, therefore we now need to contact each other to complete the Fast Track Directions Questionnaire which will need to be sent no later than next Tuesday 18 April 2017 to ensure it arrives at the Court Centre in time.

In light of this, can you please let me know when I can telephone you to discuss completing the questionnaire.

If I do not hear from you before I will complete the Directions Questionnaire and send it Tuesday 18 April 2017.

I will look forward to hearing from you.

Yours sincerely
"

Is this direct enough to give him a nudge, any different wording suggestions welcome.

Do you think that I need to send it on 18th to make sure it gets to court in time, deadline is 21st?

If I hear nothing do I attempt to call him anyway or rather just fill in DQ and send it off? Not sure how to handle it.

Many thanks..

[des8]

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

That all seems fine.
I would not bother with any furher attempts to contact him after the above letter.

[fandabby]

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

Thanks Des.

I will wait until I receive morning post and if nothing from him will send it.

Many thanks again.

[fandabby]

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

I have been checking Royal Mail tracking as sent the letter signed for Monday and it is still showing "Latest update: Good news, your item is progressing through our network and on its way." When I click on where has it been, it is only showing that it was posted from the post office I sent it through.

Annoyed as that should have got there yesterday and it is bank holiday weekend and I gave him a deadline of next Tuesday to contact me.

Do I send the same letter again tomorrow but then that means it may get there Saturday and he probably won't be there being easter weekend to sign for it, or shall I just send it normal post and get proof of delivery or do I try telephoning him or text him. Not sure what to do now, feeling frustrated because you pay a service and it messes everything up when that service is late.

Any suggestions please. Many thanks.

[des8]

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

Royal Mail tracking doesn't always update!

Whether or not the letter has been delivered is out of your control,but there is still Thursday & Saturday
No point in resending, and do remember he has received similar instructions from the court
Perhaps try a phone call Tuesday a.m., but then send your reply to court anyway.

[fandabby]

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

Ok Des thanks.

I'm hoping tomorrow it will update and show he has received it. If it does show he received do I still telephone him Tues am?

Also, if he hasn't replied or contacted me by Tues afternoon, do I send copies of my last 3 letters which asks about completing Fast Track questionnaire and mediation along with the Questionnaire to the Court and what do I say to support that he has not engaged with mediation or completing form on the extra comments section should he still ignore me?

Sorry just want to ensure I get every step right so I don't face anything negative in the court room for not following correct procedure.

Many thanks

[fandabby]

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

Good morning

Royal mail have the tracking signed for 13/4/17 @ 10.24am with his initials (as like the other letters, so I know he has now received the letter now).

May I ask now please, since I have not yet heard from him from these last 2 letters and if I still have not heard from him through tomorrow morning, do I:

1. Attempt to telephone him or just complete the questionnaire and send it in and send him a copy and keep copy for me?
2. I have already gone through the DQ in thread #62 so that is already very helpful thanks.
3. Des you mentioned sending him copies of my letters to support I have attempted to settle. I have letters dated 23/3/17 - to ask him to let me know when I can telephone him to complete DQ and invited him for accepting refund or mediation - this prompted the telephone call on 27/3/17 where he tried to get me to take a fix (transcript I posted earlier #84), followed by letter dated 29/3/17 rejecting again his fix and asking for refund or mediation (letter you helped me with #85) and then my last letter dated 10/4/17 giving him the 7 days to refund or accept mediation, letter in thread #94. - Do I send all three copies in with the DQ?
4. The last comment box you suggested in #62 that I wrote on the lines of "simple case regarding remedy due to consumer under Consumer Rights Act 2015 following rejection of goods under short term right to reject. Defendant acknowledges vehicle faulty and incorrectly claims right to repair" Do I also include another sentence saying something like "I have included my last three letters requesting to resolve before court action with continued request for refund or mediation. Defendant and I spoke on the telephone following my letter dated 23/7/17 with him offering a fix only. Last two letters again asking for refund and suggesting mediation have been ignored"

Please advise what you think please as want all this clear in my mind ready to complete tommorrow.

Many thanks.
I think I need to make sure I post the DQ by Tuesday afternoon to ensure it arrives at the court centre no later than Friday 21st as this is deadline date. Letter I sent last Monday took 3 days...

[des8]

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

1) don't waste anytime trying to phone him
2)
3) I would send copies of all three to the court, just to show you have tried and he has not. It won't hurt you.
4)leave as suggested originally

Return DQ with very short covering letter stating you endeavoured to agree directions with defendant(as per copy letters enclosed) but he failed to respond.

[fandabby]

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

Thanks Des.

Cover letter to say:

Dear Sir/Madam

Re: Case No ....

Please find enclosed completed Fast Track Directions Questionnaire. I have endeavoured to agree directions with defendant (as per my letters enclosed) but he failed to respond.

Yours faithfully

X


I will complete and send after lunch tomorrow if heard nothing from him.

I only send copy of DQ to trader not cover letter?

Many thanks Des appreciate guidance.

[des8]

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

Yes .. only send copy of DQ to defendant

[fandabby]

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

So I have now sent DQ along with last 3 letters to court house Special Delivery to ensure it gets there, and signed for copy of DQ to trader.

I have just checked MCOL and it looks like the trader has already sent in DQ which was showing filed 30 March and now transferred to his court house in his home town.

He has made no attempt to complete with me or sent me a copy !

[fandabby]

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

I am back to working on my Witness Statement, do I keep adding to it for instance events up to now and continually until court hearing ?

I have also emailed CCBC to ask if I can get a copy of the defendant's DQ that he completed since i was not sent a copy. Was he supposed to send a copy to me like I had to for him?

Many thanks