Defence dispute

[Rougeout]

I have filed a claim in small claims against a used car dealer due to them totally ignoring my request for a refund for parts i paid for on a car that i rejected under 30 day right to reject (initial rejection was sent with a copy of a inspection report that had been carried out before i had even seen the car advertised, to the dealer, broker & finance compay 18 days after taking delivery of car) due to me discovering that significant faults had been identified & an inspection report provided, some of the parts i paid to have replaced, after enquiring if these had been replaced due to age & mileage of the car, and if they would be done by the dealer (cam belt/ water pump, servicable parts). Unbeknown to me these parts were identifed as being at fault at least 1 month prior to me purchasing the car but had not been replaced by previous owner & the issues i was experiencing with the car obviously hadnt been rectified by the dealer prior to the dealer selling it to me. (Sorry if this doesnt quite make much sense. Very long story)
Without going into all the details, my partner submitted a claim for a refund via MCOL due to my laptop being broken. However he only put a brief description of my particulars of claim & not the whole situation or attached any evidence i have in order to support my claim. Upon recieving the dealers defence response i dont agree with their defence as they have stated a few incorrect & untruthful events.
I recieved this along with the directions questionare.
Is it too late to forward all my evidence to support my claim to the courts & give a full detailed particulars of claim?

[jaguarsuk]

Re: Defence dispute

I have filed a claim in small claims against a used car dealer due to them totally ignoring my request for a refund for parts i paid for on a car that i rejected under 30 day right to reject (initial rejection was sent with a copy of a inspection report that had been carried out before i had even seen the car advertised, to the dealer, broker & finance compay 18 days after taking delivery of car) due to me discovering that significant faults had been identified & an inspection report provided, some of the parts i paid to have replaced, after enquiring if these had been replaced due to age & mileage of the car, and if they would be done by the dealer (cam belt/ water pump, servicable parts). Unbeknown to me these parts were identifed as being at fault at least 1 month prior to me purchasing the car but had not been replaced by previous owner & the issues i was experiencing with the car obviously hadnt been rectified by the dealer prior to the dealer selling it to me. (Sorry if this doesnt quite make much sense. Very long story)
Without going into all the details, my partner submitted a claim for a refund via MCOL due to my laptop being broken. However he only put a brief description of my particulars of claim & not the whole situation or attached any evidence i have in order to support my claim. Upon recieving the dealers defence response i dont agree with their defence as they have stated a few incorrect & untruthful events.
I recieved this along with the directions questionare.
Is it too late to forward all my evidence to support my claim to the courts & give a full detailed particulars of claim?

You should complete the Directions Questionnaire, with this you may return a "Reply to Defence" essentially telling the court where you disagree with the points that have been raised. It shouldn't be to wordy though. In this thread someone has done just that: http://legalbeagles.info/forums/show...l-Claim-and-DQ

Read the defence, the original Reply to Defence they as the claimant constructed, what I cut it down to and then finally what @Amethyst cut it down to. You should aim to get your version down to a similar size. This document isn't the whole story, just the why his defence points are not valid and your evidence supporting that.

If after this is submitted a judge orders the case go to hearing, you'll then be able to file a full witness statement and this can include all of the why's and wherefores if the whole story and all other evidence.

Hope this helps, once you have composed your Reply to Defence post it here along with the defence (minus personal info) and I'm sure you'll be guided in the right direction.

[Rougeout]

Re: Defence dispute

Thank you for your advice. I have drafted up a reply to their defence but its about 4 pages long. Is it ok to remove identifiable info & post it on here or should i draft up another smaller response to their defence?

[jaguarsuk]

Re: Defence dispute

Thank you for your advice. I have drafted up a reply to their defence but its about 4 pages long. Is it ok to remove identifiable info & post it on here or should i draft up another smaller response to their defence?

Try drafting it to what you think is the least information you want to put in there. That current length would be for the witness statement.

Once rationalised down, remove the personal info and post it here. Also, please post a copy of the defence as we all need to know what has been said to illicit your responses.

[Rougeout]

Re: Defence dispute

Will i blank out identifying info on the defence to post it? Can only post a photo of the defence as i have downloaded their defence on my phone or have the paper copy swnt to me by the court. Is that ok?

[jaguarsuk]

Re: Defence dispute

Will i blank out identifying info on the defence to post it? Can only post a photo of the defence as i have downloaded their defence on my phone or have the paper copy swnt to me by the court. Is that ok?

Yes, but if you aren't able to do it yourself you can email admin@legalbeagles.info along with the link to this thread and they will be able to do it, then post it for you.

[Rougeout]

Re: Defence dispute

Ok thanks. i'll email the screen shots

[jaguarsuk]

Re: Defence dispute

Ok thanks. i'll email the screen shots

Cool.
[MENTION=49370]Kati[/MENTION] or [MENTION=6]Amethyst[/MENTION] could you confirm the email address above is the right one?

[Amethyst]

Re: Defence dispute

Indeed it is - if you can stick a link to this thread on the email that would be helpful - my memory is a bit pants and I might end up putting the docs on some random post otherwise lol.

[Rougeout]

Re: Defence dispute

I've emailed the pics of the defence.

My reply to their response is that the inital rejection email along with a copy of an inspection report i obtained from the last known garage it had been serviced at as documented in the service book as advised by the broker to send was sent to them aswell as the finance co & brokers on the 23rd of may. I took delivery on the 4th may 19 days after delivery therefore it was rejected within 30 days. It took the dealer a further 14 days to collect the car. The car was available for collection at any time. It then took a further 10 days for them to refund the finance company.

The inspection report that was produced a month prior to my purchase is the proof of my claim under s9 CRA 2015.
I have pictures i took of a not selotaped to the steering wheel with the dealers sign in the picture when i returned the car for a repair to be carried out.
Also an invoiçe for air con regass, an invoice for oe quality air & fuel filter & reciept provided by them for the cam belt/water pump.
The inspection report carried out a month prior to purchase advising of water pump/cam belt change.
An inspection report i had carried out myself after rejection which backs up the inspection carried out prior to purchase.
All of which can be supplied if required.
The 2 inspection reports were forwarded to them via email which can be proven.
At no point did the dealer respond directly to me to any emails i sent them therefore i did not agree or accept their basis of refunding the finance company. The broker delt with the dealer on my behalf.
What was replaced isn't improvements but servicable parts on recommendation of manufacture aswell as advised in inspection report.
The car was not as described as air con did not work, have an exerlant history, aswell as other points in their advert. Of which i have screen shots taken when i purchased it.
My claim refers to Sections, 7 (2) 9, 11, 17 (2)+(5), 19, 20 to 22 of the CRA 2015.

I am more than happy to provide copies off all emails, inspection reports & paperwork upon request.

[Rougeout]

Re: Defence dispute

Indeed it is - if you can stick a link to this thread on the email that would be helpful - my memory is a bit pants and I might end up putting the docs on some random post otherwise lol.

Email sent with a link to this post

[Kati]

Re: Defence dispute

Email sent with a link to this post

If Ame doesn't get back to you by tomorrow morning (she's majorly busy!!) you could forward the email to me (kati@legalbeagles.info) and I'll post it xx

[Rougeout]

Re: Defence dispute

If Ame doesn't get back to you by tomorrow morning (she's majorly busy!!) you could forward the email to me (kati@legalbeagles.info) and I'll post it xx

Forward to you thank you
I have until the 8th september to send the N180 back to the court

[Rougeout]

Re: Defence dispute

Thank you. Its much appreaciated.
Its not something i have ever done before so am a little confused by it.

I have until the 8th september to have the N180 back to court.

[Kati]

Re: Defence dispute

pics: