** WON ** A bar was put in place

[des8]

Re: A bar was put in place

You will next receive a "Directions questionnaire" which you must complete and return by the stated date, together with the appropriate fee. At this time you may file a reply to the defence. (You may wish to post this up before submitting it so knowledgeable peeps here can give it the once over)
Then you will receive "notice of allocation" with Directions telling by what date you have to file at court and serve on the defendant COPIES of all the documents you intend to rely on.
These directions will most probably require you to file and serve a witness statement (which is advisable IMO anyway)

[emerson1988]

Re: A bar was put in place

Hi All

What would be the best way to file my reply to the defence should I refer to the the defence like below respond to all claims that the dealer has made I have everything documented
What would the courts view be that CAB and Trading Standards are involved in the issue

when we first arrived to look at the car were given warranty information from the dealer he told us that the warranty was with warranty wise and he said its not just any garage that can offer cover with warranty wise(the dealer no longer deals with Warranty Wise)
the dealer has put in his defence that I contacted him a few days later when in fact it was the next day and we were told to wait for the warranty information from Warranty Wise they will cover any problems you have, we waited a few weeks and still nothing arrived that's when we called Warranty Wise they confirmed that they new the dealer but they had no record of the car being covered by them they also said that they would call the dealer to make sure he new the rules of what can be covered and what cannot also the dealer has put that the car had 3 months parts and labour warranty from them in correspondents he states the warranty was an over site on there part and that the car didn't have warranty then after more emails and letters the dealer changed and said in a letter that the car had there own 3 months warranty to this I told him that I do not have any paper work that tells me what kind of warranty is on the car what parts are covered and what's not covered
he claims that he made loads of calls sent letters and emails fact is I had one letter from the dealer he only replied to my emails and I don't recall any phone calls
The dealer seems to forget he sold the car with a faulty handbrake and I made it quite clear that i was not prepared to drive the car with faulty brakes as this would be breaking the law I would get fined and points if I drove the car I offered to get the car transported back but at there cost
I also told them that they can collect the car the response I got was the car has am MOT so its legal to drive the car
he states that situation remains unresolved by him for some 6 months despite our best efforts to have the vehicle returned to us.

As mentioned I made things clear to the dealer that he would have to collect the car or I can transport it back at there cost I am still waiting
I like this part "We find it astonishing that he chooses to use Court time when this matter could of been resolved at no cost to himself back in March 2015"
I have only driven the car 4 times and its been parked in my garage since the 29 th March

It has taken 6 months due to myself following advice given to me i have made the effort to resolve this I have shown that I have given the dealer every opportunity to Refund me my money and for him to collect the car
Should I send a copy of all documentation to the courts to prove it has been myself that has tried to sort the issue and not the dealer

If I based my response on the above what would you guys think
I am really grateful for help and advise you have all given me
I still think I have a strong case despite his defence which I must say is full of holes that I can prove

[des8]

Re: A bar was put in place

When producing statements of case for a court case you should head up the paper in the correct format, don't use " I" , "we", "you" "they", but refer to yourself in third party i.e. "The claimant"
and the other party as "the defendant". Paragraphs should be numbered, printed in 12 point font size with 1.5 line spacing.
This makes it easier for third parties reading and understanding the text.

In your response you need to deny or agree or be neutral about each of the statements in the Defence.
eg:1) the defendant claims to have sold the car for the below market price of £4495. This is denied as the market price is only what the market will pay. The claimant was only prepared to pay £4495, which therefore is the market price.
2) The defendant asserts the claimant drove the car away after a thorough inspection. This is denied, The claimant is not a motor engineer and is unqualified to carry out a thorough inspection
3) The defendant asserts the vehicle had a current MOT. Agreed
4)............and so on

The other bits, about who said what and where are to be included in your witness statement.
Did you refer to the Sale of Goods Act in your original claim , or as it exactly as posted in post 27?

[emerson1988]

Re: A bar was put in place

Hi All
In response to your post which is very much appreciated
Through all the letters and communication I did refer to the sales of goods act on formal letter that I sent to the defendant this was on the 16 April
I used a template that CAB have on there web site its free to use I gave the dealer ample time to respond to the letter
In the letter i sent I refereed to the faulty handbrake and again I agreed to the offer of a "full refund but due to the handbrake being faulty I require you collect the car I am not willing to drive the car on a public road with this fault as I may be braking the law
I have also sent the dealer a Letter Before Court Claim
This states That i again accepted the offer of a full refund and request the dealer to collect the car or I can arrange for the car to be transported back at the dealers cost again i used a template supplied to me by CAB at the and of the letter it had the following "I refer you to the Practice Direction on pre-action conduct under the civil Procedure Rules and in particular to paragraph 4 which sets out the sanctions the court may impose if you fail to comply with the practice Direction
I have taken all advice that the CAB supplied to me
The length of time that its taken for me to start court action is to show the courts that I have tried to resolve the issue and not rushed in to take court action it has been me that has tried to sort the problem I got the feeling from the dealer that we would let it drop and would not carry on with the claim as i have said i have only had one letter from the dealer no calls that I can remember

What are your views on the above?

[emerson1988]

Re: A bar was put in place

Hi Guys
I have just been looking through all the correspondents we have had with the dealer and on the 25th March I had the car checked by my local garage that's when they discovered the parts missing from the engine and on more than one occasion they offered me a full refund when the director returns
When I told them about the parts being missing due to me taking the car to my local garage is this classed as an inspection?

[des8]

Re: A bar was put in place

It is all good.
Just needs to be presented in right order and format.
Write out your reply to defence and post it up.
You will then have it ready for when you have to reply to the Directions Questionnaire

[emerson1988]

Re: A bar was put in place

Here you go All my defence
I would really like any thoughts on the information below where I have gone wrong or if its too long any advice i will gladly take

1) The defendant claims to have sold the car for the below market price of £4495. This is denied as the market price is only what the market will pay. The claimant was only prepared to pay £4495, which therefore is the market price.
2) The defendant asserts the claimant drove the car away after a thorough inspection. This is denied, The claimant is not a motor engineer and is unqualified to carry out a thorough inspection the claimant brought up some concerns about the car but was assured by the defendant once driven the car would be ok once the engine had regenerated
3) The defendant offered the claimant a full refund which the claimant accepted and has done on many occasions the claimant was asked to wait for the refund as the director was away and was not due back until 14^th April the claimant agreed to this
The claimant asked the dealer to collect the car as the handbrake is faulty the defendant advised the claimant that it was ok to drive the car on a public road as it had a current MOT denied the claimant would be driving a car that was not road worthy the fault with the handbrake was faulty when the car was purchased but only visible when the car was parked on an incline the claimant stopped using the car straightaway and parked the car in a locked garage and advised the dealer of this issue the defendant should not have sold the car with defective brakes as this is a criminal offence
4) The defendant asserts the vehicle had a current MOT. Agreed
5) The Defendant claims that the claimant called a few days later this is denied the claimant called the next day as soon as the defendant opened for business
6) The defendant claims to have asked the claimant to return the car to their own premises for inspection this is denied the claimant was told to over the phone to wait for the warranty details and that Warranty Wise will cover any work

7) The defendant claims that they had put their own 3 months parts and labour warranty this is denied the claimant was told at the time of purchase that the warranty was with Warranty Wise on communication with the defendant the defendant claims that the warranty was an over sight on their part and that the car did not have a warranty the claimant has not received any paper work from the defendant on what parts were covered by the alleged warranty
8) The defendant claims to have asked the claimant to return the car to their own premises for inspection this is denied the claimant was told to wait for the warranty details and that Warranty Wise will cover any work
9) The defendant claims to have sent numerous requests by telephone, letter and email for the claimant to return the car this is denied the defendant only sent one letter the defendant only replied to my emails and the defendant cannot recall any telephone calls
10) The defendant asked for the claimant to return the car this is agreed the claimant stated to the defendant that the car had a faulty handbrake and as such the claimant was not prepared to drive the car with such defects as this would be seen as a criminal offence the claimant also stated to the defendant hat the handbrake was faulty when the claimant purchased the car this is a criminal offence by the defendant to sell a car with defective brakes
11) the defendant claims that they have not been given the opportunity to examine the vehicle this is denied on may occasion the claimant asked the defendant to collect the car or the claimant can get the car transported back to the defendants premises at their cost for a full refund as offered by the defendant due to the faulty handbrake
12) The defendant finds the claimants attitude towards seeking a resolution to this matter astonishing this is denied the claimant would not take this course of action had the defendant given the claimant the full refund offered and accepted by the claimant on many occasions

witness statement
The claimant purchased the car from the defendant in good faith the defendant made a big thing about the warranty offered with the car the claimant asked the dealer if there was any discount for cash the defendant said no otherwise the car would be sold without warranty the claimant decided to pay the asking price to have the warranty included the defendant gave the claimant paper work that explained the type of warranty Warranty Wise cover there was different types of cover
The claimant started to have problems with the car on the night the claimant collected the car and contacted the defendant the next day when the claimant asked what type of cover has the car got the defendant didn’t know
This turned out to be false the defendant told the claimant that the warranty paper work would be sent when the claimant collected the car so that the claimant didn’t lose a week’s warranty with warranty wise the claimant waited a few weeks for the paper work to arrive but nothing arrived the claimant then called Warranty wise and was told that the car did not have a warranty with themselves and once everything was explained to Warranty Wise the claimant was told that Warranty Wise would contact the defendant to make sure they understood the rules and procedures when offering warranty’s
The claimant had the car looked at by a local garage and discovered parts were missing from the engine the defendant claims that the parts may have fallen off on the way home due to the size and weight of the parts the claimant finds this hard to believe if the said parts had fallen off they would have either damaged the car or caused some type of accident the parts missing were the crank shaft damper pulley and the belt other problems were found with the car the 4x4 warning light was on the engine management light was on the air bag light was on, on acceleration the car judders and make loud clunking noise the rear passenger cabin fill with fumes the engine is extremely smelly
The claimant referred the defendant to the sales of goods act 1979(As Amended)goods the defendant supplies must be of satisfactory quality, be fit for purpose and match there description
The claimant contacted the Citizens advice Buru for advice and explained the issue they told the claimant that due to the nature of the problems they passed all the information to Salford and Darlington Trading Standards the Ref number is AW- 12740281

The claimant has made every attempt to solve this situation and the defendant has left the claimant no choice but to pursue things through the courts
The claimant has sent the defendant copies of all communication Trading Standards and Citizens advice Buru have been sent all communication by the claimant
This information can be sent to the courts if required

[des8]

Re: A bar was put in place

will look in later as have family visiting today.
Hopefully others will give us their tuppence worth in the meantime!

[emerson1988]

Re: A bar was put in place

Hope you have a good day with your family
I will look forward to your view on what I have done like I said any help is greatly received
I need to thank everyone for there views and comments and of course all the help i have been given so far

Once I submit my DQ and defence and send it back to court how long dose it take to go to court

[emerson1988]

Re: A bar was put in place

Hi Guys

I have got my DQ now i only have a limited time before I need to submit it i would be grateful for any comments on the Post i submitted yesterday
I have looked at the letter it dos not mention anything about me being able to submit any additional information

[des8]

Re: A bar was put in place

Can you post up the DQ?
Will respond later this evening.

[emerson1988]

Re: A bar was put in place

This is the information thats in the DQ i have been sent

We sold the claimant a BMW X3 on 15th March 2015 for the belowmarket price of £4495. The car had done 150000 miles which ishigh mileage but was driven away by the claimant after a thoroughinspection and had a full current MOT supplied with it. A fewdays later the claimant telephoned our office to inform us the carhad developed a fault he was advised as the vehicle had a 3 monthparts and labour warranty with ourselves to return the vehicle to
our premises so we could investigate and rectify any issues.

Despite numerous requests by telephone, letter and email theclaimant has failed to return the vehicle to us for eitherrectification of any issues or a refund and also failed to supplyan independent report as to the validity of his claims regardingthe purported faults. We have responded diligently to allcorrespondence throughput this process and still we have not beengiven the opportunity to examine the vehicle. The claimantswarranty has now expired as this situation remains unresolved byhim for some 6 months despite our best efforts to have the vehiclereturned to us. We find it astonishing that he chooses to useCourt time when this matter could of been resolved at no cost to
himself back in March 2015.We are reputable used car dealers with FCA authorisation and VATregistered with 25 years experience within the motor trade andfind the claimants attitude towards seeking a resolution to matter astonishing.

I would be great full for any advice and help on how to respond to the above defence i have posted nt response to the above statement
1 i could not drive the car with the faulty handbrake 2 i accepted the full refund that was offered 3 my local garage looked at the car and found parts missing 4 i have only had 1 letter from the defendant i have done all the chasing to try and resolve the issue 5 I have said i can get the car transported back at the defendants cost to this i have had no response 6 the only paper work i had to do with a warranty was that i was handed with warranty wise the defendant made a big thing of the warranty the time we new we didn't have any warranty was when we called Warranty Wise when we contacted the dealer about the warranty he told us that the car didn't have a warranty and that it was an oversight on there part
then we were offered a full refund but had to wait for the director to return he was the only one that could do the refund
on the day of his return we got a letter asking for us to return the car so that it could be checked and if the parts were covered by there own warranty they would be replaced we didn't have any paper work on what was covered what wasn't covered after all I had accepted there offer of the full refund
7Despite there best efforts to get the car returned the defendant has made no effort at all in fact the defendant wanted me to break the law by driving the car with the faulty handbrake and stated the car was fully legal as it had a current MOT and was OK to drive the defendant sold the car with the faulty handbrake committing a criminal offence 8 i am taking this course of action as the defendant will not give me the refund he offered and i accepted i have hard copies of communication made between myself and the defendant
all the paper work i have can i send this to the courts to strengthen my claim? the defendant must have forgotten about all the paper work i have he has a copy of everything as well as CAB and Darlington Trading Standards and Salford Trading Standards

[des8]

Re: A bar was put in place

Here's a reply to Defence for you.
Do read it and make sure it is correct.
Fill in the XXXXXXXs as appropriate
You can send it off with your DQ, also a copy to defendant.


County Court MoneyClaims Centre Claim No: XXXXXXXX


between Claimant emmerson 1998
and DefendantXXXXXXXXXXX




Reply to Defence.


1)The defendant claims to have sold the car for the below marketprice of £4495. This is denied as the market price is only what themarket will pay. The claimant was only prepared to pay £4495, whichtherefore is the market price.
2)the Defendant asserts:”Thecar had done 150000 miles “This is denied, the recorded mileage was XXXXXXX
3)The defendant asserts the claimant drove the car away after athorough inspection. This is denied, The claimant is not a motorengineer and is unqualified to carry out a thorough inspection
4)The defendant asserts the vehicle had a current MOT. Agreed
5)Thedefendant asserts “Afew days later the claimant telephoned our office to inform us thecar had developed a fault he was advised as the vehicle had a 3 monthparts and labour warranty with ourselves to return the vehicle to ourpremises so we could investigate and rectify any issues.”
Thisis denied. The claimant reported the faults to the defendant the dayfollowing the sale and was advised to await details of the warrantyfrom Warranty Wise. Eventually Warranty Wise advised they had norecord of this vehicle, at which point the defendant advised theythemselves were warranting the car.
6)TheDefendant asserts:”Despitenumerous requests by telephone, letter and email the claimant hasfailed to return the vehicle to us for either rectification of anyissues or a refund “
TheClaimantresponds the Defendantwas advised that the vehicle was in an unroadworthy conditionand offered to arrange transport delivery to the Defendant at the defendants cost .(as required by Sale and Supplyof Goods to Consumers Regulations 2002 Part 5A 48B Repair orReplacement of Goods 2(b)). The defendant did not respond.
7)TheDefendant asserts the Claimant failedto supply an independent report as to the validity of his claimsregarding the purported faults.”
TheClaimant points out that under the The Sale and Supply of Goods toConsumers Regulations 2002 Part 5A 48A Introductory (3) “ goodswhich do not conform to the contract of sale at any time within theperiod of six months starting with the date on which the goods weredelivered to the buyer must be taken not to have so conformed at thatdate”
Itis for the Defendant to show the faults do not exist.
8)The defendant's assertion “we have not been given the opportunity to examine the vehicle” isdenied. The defendant was made aware the vehicle was available forinspection and or collection by the defendant by prior arrangementwith the claimant, or delivery could be arranged as para 6) above.
9)The defendant asserts “Theclaimants warranty has now expired”. Theclaimant neither agrees nor denies as no copy of the warranty termswas ever supplied to the claimant.
10)TheDefendant's claim“We are reputable used car dealers with FCA authorisation and VATregistered with 25 years experience within the motor trade”, whilstnot appropriate to a defence is neither agreed with, nor denied asthe claimant has no knowledge of this.


Theclaimant believes the facts stated in this form are true


SignedEmmerson



Your Witness statement isn't required yet.
A witness statement is a chronological recounting of what has happened.
So 1) on such a date I viewed a car XXXXXXXXXXXX at XXXXX
2)I agreed to purchase it for £XXXXX.
3) I was advised the price include
4) Isent an email dated XXXX (Exhibit 1)

You will need to include copies of all documents you intend to rely on.
These are "the exhibits" and will need to be numbered and collated with your witness statement

[emerson1988]

Re: A bar was put in place

Hi Des8
Thanks for your time and effort on the reply to defence its is brilliant I just need to change 2 things day following sale I actually saw the car on the 15 and collected it on the 21st so should I change this to collection
as the dealer offered me a full refund should I leave that as part of my witness statement
When I challenged the dealer about the supposed warranty with Warranty Wise the dealer first told me the warranty was an oversight on there part and he claimed that the car did not have Warranty then at first he offered a full refund but then on the 15th April that's when he offered his own warranty or leave this to the witness statement
I really do appreciate all your help with this it is fantastic what you have
You mentioned include copies of all documents intend to rely on do I send all the information to the courts now or later

Thank you once again it is brilliant I could not have done the above statement

[des8]

Re: A bar was put in place

Hi Des8
Thanks for your time and effort on the reply to defence its is brilliant I just need to change 2 things day following sale I actually saw the car on the 15 and collected it on the 21st so should I change this to collection If on collection you drove it away I see no reason to change the reply
as the dealer offered me a full refund should I leave that as part of my witness statement Yes (at this point you are replying to his defence and it is covered in point 6)
When I challenged the dealer about the supposed warranty with Warranty Wise the dealer first told me the warranty was an oversight on there part and he claimed that the car did not have Warranty then at first he offered a full refund but then on the 15th April that's when he offered his own warranty or leave this to the witness statement Leave for Witness statement
I really do appreciate all your help with this it is fantastic what you have
You mentioned include copies of all documents intend to rely on do I send all the information to the courts now or later
Return DQ, together with Reply to Defence. Documents and Witness Statement go later. Copy to Defendant.

Thank you once again it is brilliant I could not have done the above statement

Response in red