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Received a civil money claim - please help!

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  • #31
    So I think para. 4/5 overlap a little bit - might be worth incorporating them together. Rest of it looks ok to me.

    The Claimant alleges that the car has previously been in an accident and therefore the mileage is incorrect, but I fail to see the relevance of what that has to do with the car’s mileage. It does not automatically follow that because the vehicle may have been in accident - that the vehicle did not accrue the mileage as stated on the advert. The mileage stated on the advert was taken directly from the odometer. Furthermore, I have checked vehicle’s MOT history on https://www.check-mot.service.gov.uk/ which confirms that the last recorded mileage was 42,704 miles (with the rest of the mileage being accrued whilst in my possession). In addition to this, the HPI check that I done prior purchasing the car stated no mileage issues. The Claimant is required to prove by way of expert evidence the causal link between the car having been in an accident and the stated mileage.




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    • #32
      Thanks Rob, I will submit the defence and will keep you guys updated. Thanks again for your amazing help!

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      • #33
        Hello guys,
        Just an update as of today the claimant has rejected my defence and wishes to proceed. This is the current status of the claim

        Wait for the court to review the case


        Mr Claimant has rejected your defence.

        The court will review the case. We'll email you if we set a hearing date to tell you how to prepare.

        They've also sent us their hearing requirements.

        I am guessing that now a judge will take a look at both the claim and my defence and will take a decision?

        Comment

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        SHORTCUTS


        First Steps
        Check dates
        Income/Expenditure
        Acknowledge Claim
        CCA Request
        CPR 31.14 Request
        Subject Access Request Letter
        Example Defence
        Set Aside Application
        Directions Questionnaire



        If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





        NOTE: If you receive a court claim note these dates in your calendar ...
        Acknowledge Claim - within 14 days from Service

        Defend Claim - within 28 days from Service (IF you acknowledged in time)

        If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




        We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
        If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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