Sold a faulty car

[ostell]

Re: Sold a faulty car

Check with the court to check the status of the claim. It's getting close to him having to acknowledge the claim. Like many others have done he could just be ignoring the claim form in the belief that nothing will happen if there is no response. Also asking for an inspection is trying to take belated action hoping that you will not proceed with court. So if no acknowledgement 14 days after service then apply to the court fo default judgement.

[ammalik786]

Re: Sold a faulty car

Thanks for your comments guys...much appreciated. I think the court papers are served today. Shall I get him to do an independent inspection at site of car?

[ostell]

Re: Sold a faulty car

That's taken a long time to serve!

I wouldn't bother giving him more time to inspect again, you have your own report. You have rejected within 30 days and you don't really want him to offer repair do you?

Sit back until the court paperwork goes through, only respond to him if he makes a reasonable offer. Did you add all your extra costs to the claim?

[ammalik786]

Re: Sold a faulty car

I added all the costs.

[ammalik786]

Re: Sold a faulty car

Hi. Repair wise he was saying bring it back but I refused. Car is un roadworthy so can't take it back anyway.

[ammalik786]

Re: Sold a faulty car

Update...court papers have officially been served today. He still keeps harassing me with emails (after a month of ignoring me) asking for him to take the car away for inspection....any advice much appreciated

[des8]

Re: Sold a faulty car

Update...court papers have officially been served today. He still keeps harassing me with emails (after a month of ignoring me) asking for him to take the car away for inspection....any advice much appreciated

As per post18 [MENTION=39331]ostell[/MENTION] "only respond to him if he makes a reasonable offer", which has to include all costs including court fees

[ammalik786]

Re: Sold a faulty car

thanks des8 I will now seize all communication however he keeps on insisting for an inspection

[ammalik786]

Re: Sold a faulty car

Finally got court issue form through the post with dates of serving it on defendant and 14 day timescale to respond. He has until 03 may to respond. What do I do now please?

[ostell]

Re: Sold a faulty car

Sit back and wait. On day 15, 1 minute after midnight and if nothing has been received by the court then request a judgement from the court. It's easy with MCOL.

Are you sure it's 03 May? Date of issue and 5 days for date of service then 14 days after that.

[ammalik786]

Re: Sold a faulty car

Thanks ostell. Yes it's that date because of the Easter break. Do I have to do it in MCOL as the claim was on paper form.

[ostell]

Re: Sold a faulty car

It's just easier with MCOL. Don't know how it would be checked for paper submissions. Was the claim form served late because of the Easter break. Court times after service are in calendar days, not working days.

[ammalik786]

Re: Sold a faulty car

Yes the claim form was delayed due to the Easter break. I have also today received an email from trading standards who have paid the dodgy trader a visit. They say he has the right to take the car and check it?? I dont really know whos side their on but they are also investigating another complaint against the dealer.

[ostell]

Re: Sold a faulty car

I think your Trading Standards people have remained stuck on the Sale of Goods Acts and have not updated to Consumer Rights Act, not for the first time. You rejected the goods within 30 days after your own independent inspection, he has not taken the opportunity to collect the goods himself at his own expense.

[ammalik786]

Re: Sold a faulty car

Thanks ostell. Yes certainly looks like trading standards are on his side. I think he's going all the way as i've had no response.