** WON ** A bar was put in place

[emerson1988]

Re: A bar was put in place

I see what you have done its a response to the defendants statement all other information can be brought up at the hearing is that correct?
Thanks once again

- - - Updated - - -

This will be in the post tonight

[dan_1207]

Re: A bar was put in place

All information which is contained in your witness statement can be, yes.

[emerson1988]

Re: A bar was put in place

Dose any one no what the time scale is I sent the response to the defence so the dealer will have got the response yesterday I sent it special delivery guaranteed delivery before 1 pm or is the claim a long way off from going to court?

[des8]

Re: A bar was put in place

You did send the "Reply to Defence" to the court as well, together with the DQ.?

Regarding time delay, the last one I dealt with was 5 weeks between submitting DQ and receiving Notice of Allocation
Then another 6 weeks before Witness Statements had to be filed.

[emerson1988]

Re: A bar was put in place

Hi des08

Yes I sent the reply to Defence to the court together with the DQ
Thanks for the information on the time delays its mainly to see how long this process takes from early talks with the dealer I think he thought I would drop things with the length of time it takes sorry Dealer not this time I don't care how long it takes

[emerson1988]

Re: A bar was put in place

Quick update for everyone just looked at the case on-line and the dealer has filed the DQ this was done yesterday
The Bar looks like it has been taken off as the bar message has gone what will happen next with the claim
its dose not say anything about the DQ i filled with the courts

[Amethyst]

Re: A bar was put in place

THE Dq's will be looked at and you should get a letter from the court saying it's been allocated to a particular local court, usually in 2/3 weeks time, maybe longer. It will possibly give you a hearing date and details of when evidence and witness statements should be exchanged and filed with the court. When you get the letter check it carefully and let us know and we'll give you a hand with the next steps xx

[emerson1988]

Re: A bar was put in place

Thanks for the quick response I am so grateful for all the help and advice I am given I cannot thank everyone enough for everything
When I get the letter I will read it very carefully so this is the time when I file all my defence I.E all communication between myself and the dealer
Do I send the dealer a copy of everything even though I have already sent everything in the past I need to prove to the courts that I have tried to resolve the Issue and that court action is the only option left I have sent things as directed by CAB even sent a pre-court letter giving the dealer the last chance before proceeding with the courts action
If I win my case what possible affect would that have on the dealer also the dealer will take the car back from me (please say yes)

[des8]

Re: A bar was put in place

Thanks for the quick response I am so grateful for all the help and advice I am given I cannot thank everyone enough for everything
When I get the letter I will read it very carefully so this is the time when I file all my defence I.E all communication between myself and the dealer YES
Do I send the dealer a copy of everything YES even though I have already sent everything in the past I need to prove to the courts that I have tried to resolve the Issue and that court action is the only option left I have sent things as directed by CAB even sent a pre-court letter giving the dealer the last chance before proceeding with the courts action
If I win my case what possible affect would that have on the dealer possibly like water off a duck's back! also the dealer will take the car back from me (please say yes) Should do what the court orders, but if doesn't you might have to take enforcement action!!

Response in red

[emerson1988]

Re: A bar was put in place

looking at things it would appear that I am not the only person taking this dealer to court it looks like there are many more customers with the same complaint and they are saying that they are going to take the dealer to court

[emerson1988]

Re: A bar was put in place

Just checked my claim and it says its been transferred to Manchester on the 22 nd September and the defendant filed his DQ on the 22 nd September
is the a time limit on filing a DQ also is Manchester the court that will be dealing with my claim i thought it would have been closer to my address
what happens if the DQ is filed late could someone please tell me what stage my claim is at please so great full for all the help and advice you all have given me so far

[des8]

Re: A bar was put in place

Is there a County Court nearer to you than Manchester?
If so when you have received the allocation letter you can request the case be transferred to your local court.

That letter will also possibly give you a hearing date and instruct you regarding the date by which you must serve and file witness statements and exhibits.

[emerson1988]

Re: A bar was put in place

Thanks for the post I will take a look and see which County Court is closer I thought that the claimant had the choice of which court was going to deal with my case if the letter has the hearing date and it gives me the date when I must serve and file witness statements Is this all communication I have had with the dealer and is it where I mark my documents exhibit 1,2,3 etc. My son will be able to tell the courts his witness statement do I have to
Document that and do I give it a number like above. When I get the letter I will post it
Hopefully someone can help me with what I need to do

[des8]

Re: A bar was put in place

The case automatically is heard in the defendant’s nearest county court if:

• the case is defended, and
• the claim is for a fixed amount, and
• the defendant is an individual, not a company.

In other cases, either party can ask for the case to be transferred to another county court.

Is the defendant a company or an individual (sole trader)?

[emerson1988]

Re: A bar was put in place

The defendant is a sole trader the claim is for a fixed amount the trader is defending the whole claim