Help with court paperwork taking Car Dealer to court! Trading Standards not helping!

[des8]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

As you are joint claimants, and as noted on your other thread you can't use MCOL
Use form N1 download here: https://hmctsformfinder.justice.gov....t_forms_id=338
File at local court

OOPs sorry I'm out of date.. send form with appropriate fee to Salford

[R0b]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

Judging by your other post about two having two claimants on the claim, your best bet would be to send detailed particulars. The POC could be better worded and good drafting of a POC offers the benefit of demonstrating a clear analysis of the claim including the law and facts surrounding the claim but also the first thing a judge is going to read will be the statements of case so you should therefore present it in a clear manner.

A few tips:

1. Number your paragraphs
2. Start with who the parties are and what they do. You've attempted it in the first section about the defendant but there's nothing to suggest you are a consumer. You should explain what business sector the business is in e.g. "At all material times, the Defendant was and is a car dealership in the business of selling new and used cars. The Claimant was at all times a consumer".
3. Was the agreement entered into written or verbal? If written, do you have a copy of the contract to provide to the Court?
4. If you are going to abbreviate something then you should first set out the full wording and then followed by (""). For example you abbreviated CRA so you should set it out as being Consumer Rights Act 2015 ("CRA").
4. Set out the implied terms of the contract under the CRA and a subsection for each implied term you rely on. For example, see below quote

Under the CRA, it was implied that the goods would be:

(a) of satisfactory quality;
(b) fit for purpose;

7. If it helps, set out sub-headings as it would certainly help the judge reading your claim and also makes sure the claim is clear and logical. For example, you could have subheadings such as "The Parties", "The Contract/Background", "The Terms of the Contract", "The Defendant's Breach of the Terms" etc.
8. After setting out the prolems and issues you have had you then need to establish the cause of action your bringing e.g. the breach of contract so you should consider saying something like "The Defendant was in breach of the contract" and then a further subheading underneath (centred in the middle of page, bold, underlined and in caps) such as PARTICULARS OF BREACH and then list again each reason as to why they have breached the terms of the contract.


The above is just a quick guide but is not exhaustive and there is no particular formula as to your POC but you do need it to be a concise statement of facts and the clearer your claim is, the easier it is to argue and persuade the judge as to what you are seeking.

[Jdmw]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

Thank you so much for your help. I was almost at the end of MCOL then realised I needed two claimants

I will start with the paper form again tomorrow!

[Jdmw]

UPDATE Help with court paperwork taking Car Dealer to court!

Just found out as of last week the car dealer has just closed the business!

He was a sole trader and I named him on the court papers with his trading address.

I don't have any other address for him..will this now affect my court claim?

[des8]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

If he doesn't receive the court papers, it means he won't be in a position to defend the claim and you can apply for a judgement by default.

However you will then need to trace him to obtain your money, and he may then apply for the judgement to be set aside and then defend your claim.

can you name him and his business/ Someone on here might know him.

[Jdmw]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

He's called Leigh Waterfield, the business was Everyday Cars, Plymouth. The manager was Rob Hocking. They have also been directors of Sutton Trade Centre, Plymouth but closed that business in 2010. They have also had Laira Bridge Motor Company. All in Plymouth.

When I checked the receipt, it said Laira Bridge Motor Company? So they must be using that bank account?

They have closed down their website, Facebook etc.

We have also found out that they made a claim on our warranty company for the faulty engine and they got paid £1000!! They must have used our details somehow.

I'm worried that even if we get judgement in court..we will have to enforce it..and I know that takes more court costs and money ☹️

[des8]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

I think you will find a Leigh A Waterfield at DERRY AVENUE 43, PLYMOUTH PL46BH.
Might be a starting point for your search.

Have you been in touch with the warranty company?

[Jdmw]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

Thank you. The warranty company called us to see if we wanted to extend it past the six months..we explained situation and not using car and they told us that the dealer had ceased trading and then realised they paid out to dealer in error!

i spoke to my bank today to see if I can use chargeback scheme under circumstances..I'm waiting to see what they say...

[des8]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

How did you pay for the vehicle?

[Jdmw]

Re: Help with court paperwork taking Car Dealer to court! Trading Standards not helpi

I paid half on my visa debit approx £3100 and my partner paid £500 on credit card and £2800 via her visa debit card..