Help with form N180 please

[Sterling]

Hi. I am the claimant making a claim against a used car dealer for a fault on the vehicle. I have had an independent expert provide a written report, on the vehicle fault, which I have paid for and included in the total amount being claimed. The defendant has received a copy of this report. In section D2, Expert Witness, do I answer yes or no?
The question appears ambiguous as I will be submitting a written report but not calling them as a witness.
Many thanks

[echat11]

Hi. I am the claimant making a claim against a used car dealer for a fault on the vehicle. I have had an independent expert provide a written report, on the vehicle fault, which I have paid for and included in the total amount being claimed. The defendant has received a copy of this report. In section D2, Expert Witness, do I answer yes or no?
The question appears ambiguous as I will be submitting a written report but not calling them as a witness.
Many thanks

It states 'Are you asking for the court's permission to use the written evidence of an expert?' So the answer is 'Yes', that's what you tick.

[Sterling]

Thank you

[Sterling]

Hi. I submitted the N180 with section D2 completed stating that I wished to use the written evidence of an expert witness which I had already obtained, I included the name of the company, the subject of the report, the cost of the report and also noted that the defendant had been sent a copy of both the report and the invoice.

I have subsequently received a Notice of Allocation to the Small Claims Track (Hearing), this made no mention of my request to use expert witness evidence but paragraph 13 states that neither party may rely on an expert witness report unless permission has been granted by the court, and anyone wishing to use it should write to the court and seek permission.

I wrote to the court requesting permission to submit an expert witness report, stating what the report relates to and the importance of said report on my case. I also stated that the defendant was given 14 days notice in writing that I would be obtaining the report.

I have received this reply -
"The claimant must apply on notice, providing details of the proposed expert, the costs of obtaining a report, the timescale for producing a report and seek to agree the identity of the proposed expert and letter of instruction to the expert with the Defendant"

Can anyone shed any light or advise my next move please. Many thanks.

[echat11]

Have a read of Chapter 12 covers Expert Evidence -

https://www.judiciary.uk/wp-content/..._in_Person.pdf

des8 Can you take a look and advise, many thanks.

[Sterling]

Thank you for your response ECHAT11, much appreciated. If I read correctly then I need agreement from the defendant regarding the choice of expert witness.

Following guidance from The Citizens Advice I used a three letter strategy. In my 3rd letter 'before court' to the defendant I stated that I intended to obtain an expert witness report and that if no response was received from him within 14 days of my letter then I would take it that he (the defendant) agreed to it.

I have not received any response from the defendant to any of my 3 letters so getting his agreement was always going to be be difficult.

Just to give a bit more background, my claim covers 3 issues with the vehicle, this report covers the major issue.

I have a copy of his defence in which he states that I have not made any mention of this issue. Prior to the date he wrote his defence I had sent him, over a period of two months, 2 emails and 2 letters (special delivery) covering this issue in detail.

I am not sure what to do or where to go with this now.

[echat11]

Email the court, ask for further Directions, summarize using points, i.e. the defendant has been informed by the Claimant that he wishes to use Expert Witness, but the Defendant has continued to ignore the requests. So the Claimant seeks permission from the court to use Expert Witness. See what they say.

[Sterling]

Thanks again, have sent them an email.

[Sterling]

Received an email from the court this morning referring me back to the letter they sent me, I wonder if they even read it.

[echat11]

R0b Can you take a look and advise, Many thanks.

[Sterling]

Thank you ECHAT11.

I have attached a copy of the email that I sent to the court.

My claim is against a motor trader from whom I purchased a van. I am a sole trader and the van was for my business use, payment for the van was made by bank transfer. (Hindsight, credit card for part of the payment etc, sigh)

Citizens Advice told me that I need to approach this using the Sales of Goods Act 1979 and using a 3 letter strategy, which I have done.

Thanks again.