** WON ** A bar was put in place

[emerson1988]

Hi All i am new to this site and i need a little bit of help
I have issued court proceedings against a motor dealer he sold us a car that should never have been sold
It was missing parts from the engine i discovered it had a faulty handbrake as well as a lot more defects we paid cash for the car
Its the first time i have been able to do this I thought i would treat myself and bought a BMW X3 it wasn't a new car but November of last year i had a brain tumour removed i saw the car paid the deposit were told that the car had 3 months warranty that turned out to be a lie i I asked the dealer if there was any discount for cash and i was told that if i got discount then i would not have the warranty i agreed to pay the full price so that included the warranty i contacted the dealer on a number of occasions when we found out the car didnt have the warranty and brought up all the defects and problems i only drove the car 4 times finally he agreed to give me a full refund he has now told me that he wants to inspect the car i have t in writing the offer of the refund
i have now began court proceedings the dealer has decided to ." I intend to contest jurisdiction" and defend the whole claim he was served with the papers on the 10/08/2015 and i have checked the claim (Its through Money Claim On line) he has filed his defence it also states . "A bar was put in place" can some tell me what this means please

[nemesis45]

Re: A bar was put in place

What is problem with jurisdiction are you in England/Wales and the dealer in Scotland or vice versa?

[Amethyst]

Re: A bar was put in place

''A bar was put in place'' is put on usually if a defence is filed but not processed fully yet, so it stops the claimant requesting a default judgment in the intervening period.

After defence the case generally proceeds on paper ( so you will get letters from the court )

With the jurisdiction bit, often people who aren't all that au fait with the court process check the contest jurisdiction button as they don't know what it means, the court usually susses that out and ignores it if there isn't something worth contesting jurisdiction over ( ie dealer in scotland, you in england etc )

[emerson1988]

Re: A bar was put in place

Thanks for your quick response this is the first time i have done anything like this but CAB and Trading Standards are involved with my case basically the dealer sold us the car that he claimed was under warranty with Warranty Wise he made that very clear in fact it was the first thing he gave us as soon as we arrived when we test drove the car we brought up concerns with the car he told us that its with the car being stood and the issues we brought up he told us would go once the car was driven the engine would run in again I couldn't pick the car up until the next weekend and he told us that he wouldn't send the warranty details till we get the car so we wouldn't lose a week i drove the car home but when i took my farther in law to an appointment the car started to judder and it made loud noises we contacted the dealer the next day only to be told to wait for the warranty details arrive and they will sought it out we waited a couple of weeks nothing arrived we went to the lake district in the car and when I parked on a slight incline the car started to roll forward the dealer sold me the car with faulty brakes is that braking the law on his part is it an offence to sell a car with faulty brakes this is where the sticking point I accepted the full refund that he offered me but I informed the dealer that he would have to collect the car with the faulty brakes his response was the car has an MOT so its legal to drive i really on my licences and I wasn't prepared to drive the car knowing the brakes were faulty if i was pulled by the police would I get points and a fine
am i right to keep telling the dealer that I have accepted your offer of the full refund but you will have to collect the car i have this in writing we were asked to wait a few weeks as the director was away so we did but then when the director got back they backed out of the full refund and asked me to take the car back so that they could look at the alleged faults the car was not as advertised not fit for purpose it has parts missing from the engine the dealer alleged that the parts must have fell off whilst i drove it home the parts that turned out to be missing would have caused a crash or made major damage to the engine when you start the car the rear passengers can smell strong fumes there is bad smells coming from the engine the 4x4 light is now on the air bag light has come on and the engine management light is now on as I have only drove the car 4 times its been parked in my garage since do i have a strong case to get the courts in my favour and the dealer will have to collect the car and return my money i have all details of everything its all in writing and the dealer has a copy of everything i have followed advice by CAB and Trading Standards who also have copies of everything

- - - Updated - - -

We are both located in England

[emerson1988]

Re: A bar was put in place

''A bar was put in place'' is put on usually if a defence is filed but not processed fully yet, so it stops the claimant requesting a default judgment in the intervening period.

As this is now in place how long has the dealer got to to file his full defence also is he over the allowed days
given the service day was the 15/08/2015 and he filed them this morning was he supposed to file something before now with him
" I intend to contest jurisdiction"

[dan_1207]

Re: A bar was put in place

It sounds like you have a good claim, but it will naturally fall to what you have put in your particulars of claim.

Jurisdiction has two meanings within CPR (court rules):

1. territorial jurisdiction; and,

2. the court's power or authority to try a claim.

In those instances, an application to contest must be made (CPR 11.1) within 14 days of the acknowledgment of service. If this deadline is missed, the defendant will be taken to have accepted the court's jurisdiction.

[emerson1988]

Re: A bar was put in place

I have done everything that i was advised to do by CAB everything was sent recorded special delivery
I have stated all the faults with the car what we were told by the dealer we even called Warranty Wise they were going to contact the dealer to make sure he understood everything what really gets me is the dealer sold us the car knowing full well that it didn't have the promised warranty the time we were asked to wait for the director to return I really don't think he was away
when the dealer back tracked he sent a letter asking for us to return to car and they would fix the car under the guaranteed warranty he claimed that the car did have warranty and all items covered under the warranty would be fixed at no cost this was sent nearly 1 month after the offer of the full refund as we didn't have any paper work to back this up and that Warranty Wise had confirmed we didn't have a warranty given all the faults lack of paper work I didn't know what would and what wouldn't be covered i couldn't drive the car back with the faulty handbrake I have kept up my stance that i have accepted the offer of the full refund Dated 30/03/2015 am I right in doing this at the end of the day the dealer was telling more and more lies all I want is a full refund as offered and accepted

[emerson1988]

Re: A bar was put in place

Both of us are located in England

[des8]

Re: A bar was put in place

You are correct not to drive a car that is unroadworthy, it is a criminal offence.
Likewise it is a criminal offence to sell a car in an unroadworthy condition. (Have Trading Standards picked up on this point?)
The existence of an MOT certificate only says the vehicle was roadworthy at the time of testing

[emerson1988]

Re: A bar was put in place

Hi thanks for the info I thought It would be an offence to drive the car i got in-touch with the DVLA as advised by CAB
All the information has been passed to Trading Standards through CAB DVLA could not do anything about the MOT as it was outside the permitted time limit to challenge an MOT had it been inside then they would have surely failed the MOT
I am not sure what Trading Standards are doing but they have all the information i have made sure its all up to date

[nemesis45]

Re: A bar was put in place

Both of us are located in England

Then there is no contention as to jurisdiction whatsoever, as Des says don't
drive the car.

Have you had an independent inspection done?

nem

[dan_1207]

Re: A bar was put in place

Then there is no contention as to jurisdiction whatsoever, as Des says don't
drive the car.

Have you had an independent inspection done?

.

nem

Jurisdiction isn't just about location. See my most above.

[emerson1988]

Re: A bar was put in place

[QUOTE=nemesis45;572613]Then there is no contention as to jurisdiction whatsoever, as Des says don't
drive the car.

Have you had an independent inspection done?

My local Garage have seen the car and they can confirm that parts were missing from the engine and have seen the faulty handbrake so i guess if i need to i can ask them for a written report on the car I don't know how dealers can do this to people take hard earned money knowing that we have been fed a load of lies that's why I have taken this action I wont let it drop

[nemesis45]

Re: A bar was put in place

Jurisdiction isn't just about location. See my most above.

Jurisdiction is about under which legal system a case is brought in the UK Scotland or NI or England and Wales!

Which post are you referring to?

[Amethyst]

Re: A bar was put in place

Jurisdiction - Dan's post is Post #6 It's also things like limitations in cut and dried limitation cases like medical negligence, employment, human rights etc or where a court claim has been brought when it should be an application to an official body etc instead. We don't usually have to worry about that. In cases on here it is normally because the defendant is either overseas OR just ticked the box as they weren't sure whether to or not.