Taking motor trader to court

[Dona150]

I’m definitely carry on with this he hasn’t ring since ,that’s wat the partner said to him that’s it’s not gonna cost us anything,,it would be so much easier to just refund us,,he said at the beginning I can take it to court and will take months to sort out and he can pay the £5000(like he knew how much we will go for )but if he can pay for it then y don’t he just refund us,,his got till the 15th..he always told me he never received my recorded delivery letters but he received the court letter strange that lol

[Dona150]

Sorry me again he still hasn’t replied he has 10 days left ,what happens after do we pay for more fees

[des8]

Not sure where you are in the court process.
You have issued the claim and are awaiting his response, which will be either an admittance, a partial admittance or a complete denial.
Of course if he is an idiot he might ignore it all together.

Extra costs if the matter proceeds to a hearing.

[Dona150]

He has till the 15th feb he hasn’t been in touch since..how much would the cost be if he ignore the claim from the courts,so I can do a judgement on him if he don’t respond,,thank you for ur help

[des8]

Cost of applying for judgement in default of a defence for an amount in excess of £5000 is £35 (I think!)

File your request for a default judgement asap after 15th if no defence filed.
If you phone court they will probably tell you there is a backlog and the records are not yet updated.
If that happens send your request for judgement anyway.

[Dona150]

I had a phone call from him today and asked for him to send Everton a message or email ,,then he saying if he takes this car back then wil there be another problem then another problem and accusing us of lying and he started shouting at me ,,partner took over as it’s his car and partner said listen mate all we want is the car fixed ,,he wants us to take it to him and started screaming at us saying his not listening to anyone’s bull****..with that he told us about using foul language and we are the rudest plo he has met but we never swore at him or raised our voice my partner did raise his voice once he started screaming at him,,and he said his trying to help us out,,I’m actually confused and I send him a message explaining I think it was wrong hun screaming at us and not once did we swear at him or was rude to him now waiting on his message,,this is getting all to messy but he knew about the problem at the start,,looks like we going to court

[MIKE770]

Get onto the court proceedings then no more argument .

[Dona150]

His saying his coming to pick up the car now his got less than a week,,wat do I do pls

[Dona150]

Saying his gonna get it fixed

[des8]

At what date did you first tell him the vehicle had a problem?

Continue with the court case.
He will be asking (ordering?) you to discontinue, but ignore him.
The time to discontinue will be when he delivers the vehicle back to you repaired, and you have had the repairs checked by your own garage to ensure they have been done properly.

[Dona150]

He took the car yesterday and now I’m panicking as I’ve heard Borgia out it and he told us in 3 hrs we will know wats happening either fixed or refund but now so far no word from him ,,wat if he says his keeping the car ,,I can’t stop worrying over it

[des8]

If he refunds, all well and good.
If he repairs it satisfactorily, (have it checked), all well and good.
If he keeps the car and says nothing the court case continues.

Do not discontinue the court case until you know what is happening

[Dona150]

That’s wat I’m thinking his gonna try and keep the car ,,if we get it back we definitely going to take it to our garage to have it checked,,he said it was checked first and said it looks like a oil leak and it’s not a major fail for the not,,but it’s different to what our garage said ,,his not in a rush to update us I have to keep messaging for him to reply back and also a message he sent to me earlier was a scrambled message and u have to rub over it so u can see the message,,I’ve never seen that b4

[des8]

Don't bother chasing him, and take anything he tells you with a large pinch of salt!

[Dona150]

I’m not I was gonna message him to see wat time his bringing the car back then I thought no I shouldn’t be chasing ,he should be telling me wats happening so so far I ain’t messaged him and he ain’t contacted us,,I’m a bit confused yesterday wen he sent me a message he said he did tell my husband hrs ago but he hasn’t said nothing about the car and the day he took the car we got charged for going through the tunnel but it wasn’t us and. I dunno if it’s been paid or not ,,I’m wondering if he will bring the car back or another one of his lies