Court Claim issued, Storm Doris now damaged van UPDATE

[des8]

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

Yes,he should have sent you a copyof his DQ.

Only include in your WS matters which bear on your claim.
You might find this link useful: .civillitigationbrief.com/2014/07/28/drafting-witness-statements-4-golden-rules-directly-from-the-judges-who-hear-the-cases/

[fandabby]

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

Thanks Des, I have done chronological from first contact following his advert up to submitted DQ yesterday.

Everything I have detailed are events taken place prior, during and post sale of the vehicle.
At the end I have also included the impact this has had on us (I did read a format where this was included at the end - is that correct or rather take it out?)

I have tried to keep opinion out and stuck to event facts. I have done the statement in Word and followed suggestion of Ariel 12 with 1.5 spacing. The document is 17 pages long.

I would like to upload it for opinion as want to ensure I have done it correctly to ensure it does not get rejected by the Judge. Since I am bringing in the witness statements for OH and more importantly the Dekra Engineer. Is it better to copy and paste it up or add the word document ? I have left names out for anonymity.

Many thanks

[des8]

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

!7 pages long omg, copy and paste and the site might crash!
I reckon it would be better to sharethe word document (but don't ask a dinosaur like me how!)

[fandabby]

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

Yeah I know, it's long but captures everything since last year.

I have removed the " impact on me" section as not sure if that should be included or not.

I have also attached word document so hopefully can be opened and read.

Good luck opening and please let me know your opinion.

Many thanks

[fandabby]

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

Update again

Defendant/Trader just telephoned me and has said he wants to settle as does not want to go to court.

He said he can come and inspect the van and if in the same condition as sold to us he will refund the purchase price of £13995. I asked about my losses and court costs and he said he can't afford to pay any more.

? if I agree to his inspection he will know then about the damage to bumper and refuse to pay presumably the £13995. Then we go to court because I am not prepared to take less tas we have made losses anyway and already him offering only the purchase price is not reasonable is it ? since my claim is £16,155.27.

Will this damage affect this claim in the sense he will argue it's damaged ? Is Judge likely to include this within this claim although the damage was done months after I rejected and only done after claim issued ?

Opinions please...

Many thanks

[MIKE770]

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

if under £10.000 it is allocated small claims but over £10,000 the more expensive route where cost get involved, the opposition should look out as he could find a very costly bill if he looses, even to a stage if he does not pay the cost of Bailiffs make it a lot more also, do not get soft they are in business is my mind. cost he pays not you = reimburse. on the other foot he would have you pay in different circumstances, like the one said to me I am a small business and little income, as he walked around the corner and got into his Rolls Royce

[fandabby]

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

This case is Fast Track as over £10,000.

My instinct tells me refuse his offer because otherwise he will come to my property, see that the bumper is missing and wing damaged and argue that he should pay much less and he is only offering the purchase and nothing for my losses. The bumper damage was since claim issued in February so I ought to stick to wanting costs back too as why should I lose out.

Do people on here think I ought to see him in court to protect myself with this bumper problem? He may not even attend the hearing as he sounded worried on the phone so could get automatic judgement ?

Many thanks

[MIKE770]

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

bump

[fandabby]

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

[MENTION=39710]des8[/MENTION], sorry to bother you just wandered what your thoughts are for last few threads ? I'm supposed to phone trader tonight with my decision.

Many thanks Des.

[des8]

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

Hi,been out babysitting all day and just back.

If 'twere I, I would refuse his offer.
He has suddenly woken up and realised he is on to a loser,so is trying to limit his losses.
Also, seems odd to me that he is offering refund conditionally on condition of van.
Was he responsible for the damage to the bumper and so knows about it?
Of course he can't bring the matter up in court if he doesn't view the vehicle in advance, as he shouldn't know about it.

I would hold out for refund plus damages, and if he can't up his offer continue with the court case.

Of course, if by some miracle you have a judge who is also a part time dodgy motor trader you could lose.
And if the poverty stricken seller of your van has engaged the services of a solicitor and barrister your costs could spiral.
But........

[fandabby]

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

Thanks Des.

I'm also inclined to say no and thought it weird he wanted to inspect first to ensure same condition as sold. Especially since I have already December sent him lots of pics as did Dekra in the report so you can see it's intact.

If he ups his offer, do I insist on funds cleared first before he comes ? And to be honest I don't want him coming to my property, could I ask for cleared funds and then arrange for van to be delivered to him ?

Trader said in previous tele conversation on 27th Mar that he can't afford a solicitor so let's hope he doesn't show as has expressed he doesn't want to go to court.

Does anyone know if traders shy away from the court room therefore giving default judgement to claimant ?

Many thanks

Forgot to ask should I rather letter him again rather than telephone to tell him his offer was not accepted and am looking to include my losses too ?

Also
I spoke to the transferred Court later this afternoon as was worried the DQ needed to be there by 21st (tmorrow) and not Northampton which is the address in the letter as didn't want to take risk with them getting funny. When I spoke to them they said Northampton had received yesterday the DQ and are forwarding on to them. When I asked when would they likely receive she said didn't know. I then asked does the DQ need to be there with them by deadline and yes it does. I questionned that it was not my fault the CCBC incorrectly sent Small Claims DQ and then Fast Track DQ weeks later and since transferring it to them and surely that by Northampton having the DQ yesterday I should be covered. She said she did not know. So I asked for email address to email scanned copies of what I sent to Northampton Tue to cover myself. To be fair I am not feeling confident as feeling I am already being messed about since Claim was issued.

IMO he only phoned today because he would have had the DQ I sent him and he panicked and why now does he suddenly have 13995 when he said on 27th Mar he didn't have money to give me. This trader is certainly playing games.

[des8]

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

As he telephoned I would return the call.

If you agree a figure verbally tell him you want the offer made in writing in accordance with CPR 36.

Part of your negotiations are that you will arange return of the van, but at his cost.

[fandabby]

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

Thanks des8.

What if he letters us and conditionally says he will only offer if van in same condition as sold (which is what he said to me earlier on the phone). ? Then that's not going to work because of the damage as he may still also insist on inspecting van before offer made. He's playing and likely it could go that route.

I am also considering putting up cctv and beam alarms by the van on our drive because I don't trust him, thinking if he is getting desperate what else could happen to the van. That will not be cheap to do.

The only figure I will agree is the £16,155.27 minus the tyres/wheels cost as could keep those.

So conversation should be I would have only accepted £13995 should he have refunded in the beginning but because he has dragged this out and has increased my expenses I am only willing to accept X amount with a condition that the funds are cleared in my account and once received I will make arrangement for the van to be trailered back to him at his cost which is included in the X amount stated.?

If he wants to inspect first before agreeing sums what you think my best move is?

Many thanks, appreciate your assistance.

[fandabby]

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

@des8 ...

OMG door bell just went, him and his friend at my doorstep asking to view the van and wanted to settle. It got heated a bit and they kept asking whilst they were here they wanted to view the van and I told them they had to leave otherwise I would call the police.

They left and I told him I will only accept £16k and he had to refer to CPR 36 which I would text him with.

Emotions ran with them although they appeared calm but you could tell and they were pushing to see van and kept asking if it was alright, we said yes, OH got well angry and stormed in house and I had to march them off my property.

Not happy. What the heck do they think they are doing just turning up at 8.45 pm !!!

What if they looked at van before knocking.

[des8]

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

Difficult to advise as one can't anticipate how a conversation will go.
Just remind him you have a claim for the cost of the vehicle plus your costs and if he doesn't agree there will be additional court costs for him to meet.

Also remind him that any offer has to be by lump sum payment, not installments, and paid within two weeks and before the van will be released to him.

Also tell him you do not give him permission to enter your property, and you will arrange the return of the vehicle (even at your cost if you want to be nice to him!)
In other words he cannot see the vehicle until payment is made as you do not want him on your property.
That means that if he is unprepared to make an offer before seeing the vehicle, then he has not made an offer and the court action proceeds.
The only offer that will be acceptable is the refund which was due when you rejected the vehicle 8 months ago.


HAHA just seen your last post re scary visit.
Nothing to be done now except continue with case unless he reapproaches you.
As we discussed earlier in this thread the current condition of the van has little to do with your claim.
It is a separate matter, and is either his responsibility or if pushed onto you, you can fall back on your insurance.