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Court Hearing 08/01/2021 I "won" but not happy with findings or decision.
I had a court hearing on 8/01/2021. The Judge ruled that there was a fault at point of sale, allowed me to reject the vehicle (paid £4995) less an amount for use (£1000) thus £3995 within 14 days and to collect the vehicle.
His verdict was that I cannot merge the right to reject with the claim for damages and losses.
The defendant's defence was that the car came with a 12 months MOT, was RAC inspected (paid for myself), had a pre-delivery inspection, and they had a biased expert report of their own on the basis of all the evidence I provided them.
The Judge allowed the defendant representative (a disbarred barrister operating under the lay representative act, disbarred for lying) to dominate the hearing and no surprise, he lied utterly and throughout. He stated that some documentation included in the bundle wasn't given to them prior (it was, with their approval) and that it should be discarded. His lines of enquiry were obtuse, reaching and utterly irrelevant. Also explained in the expert witness report I commissioned and answers to the defendant.
Under court procedures, they did not comply with them. "Pre delivery inspection" never materialised, answers to notice to admit facts, never answered, questions of their expert, ignored.
They had the audacity to argue that I did not comply with rules and procedures as I included documents without their knowing and permission. This was a lie as I recovered an e-mail expressly granting permission to include it!
Their expert report was predominantly predicated on an RAC inspection report I paid for. I included the terms and conditions, and it clearly stated it is a visual inspection, no form of guarantee and should not be used in court.
They claim that they stated every service the car had in the autotrader advert. These numbers were grossly inaccurate and rounded down. According to their blog on their website, they clearly stated this is misrepresentation and attempting to limit a customer statutory rights is in breach of the consumer rights act 2015 and contracts and information act. Yet, they continued to argue that they stated all these, as fact.
I also made it clear to the defendant prior to and when purchasing the vehicle that I have significant disabilities. I felt that he has taken advantage of this and as a result, I was screwed. He did not disclose pertinent information at time of sale which would have affected my decision to purchase the vehicle.
For example, on his website it stated all vehicles checked, HPI checked, RAC Passport check. This was not done at the time and only provided to me eight months later along with a servicing invoice not included at point of sale, and only when I asked for it in line with court rules and procedures and risk of penalties if not complied with.
This was also included in my particulars of claim which the judge did not address in his scope of fact finding.
In my witness statement, after every paragraph I stated the relevant consumer rights act or breach of trading standards law. I feel this was also ignored by the judge.
The Judge was a family judge and seemed overriding concerned with everyone getting on as opposed to finding the facts and acting accordingly.
At the end he was more concerned about if we were to meet again it would be in person, rather than online. He did not state anything about appeals.
There were also technical issues and points I wanted to make myself were ignored, and I was limited to only communicating with my lay representative and for him to raise anything, which he didn't.
To conclude, my argument would be that by allowing the defendants representative to represent him during the hearing, he consistently lied, was in breach of the court procedure and rules, by producing documents there and then (such as a letter to settle which was not included in the court bundle?!) and making wildly and grossly incorrect statements of fact which I can prove with the relevant documentation.
Most of all, I am disappointed that I went above and beyond to try and settle, reach an amicable agreement without going to court and I have not been able to recover any of these costs whatsoever. Even costs the defendant admitted were true, such as replacing the correct manual.
I haven't got the judgement yet but believe I need to act quickly if I am to lodge an appeal. The Judge stated that I cannot claim the right to reject and merge it with damages which I believe to be incorrect.
Consumer Protection from Unfair Trading Regulations 2008 give you rights to redress: the right to unwind the contract, the right to a discount and the right to damages.
In my opinion, I should have been given the right to unwind the contract and the right to damages.
Had the car dealer been honest in his description of the vehicle and our conversation prior to and when I purchased the vehicle, I never would have bought it.
Included in the bundle were documents pertaining to the relevant trading standards consumer law. This was not addressed.
Finally, the defendant was aware of my disabilities, and took advantage of the fact. Had I not had these disabilities or if the defendant made small allowances and confirmed that I understood what I was signing and disclosed all information prior to sale, rather than only handing it over afterwards, I would not have purchased the vehicle.
On this basis- do I have grounds for an appeal that the Judge was incorrect in his findings and inevitably his decision. Or that I would have more success calling for a further hearing on the basis that my particulars of claim was not addressed in full?
The hearing was also much shorter due to technical difficulties.
I feel that as the Judge did not rule on the entirety of what I claimed in my Particulars of Claim and the relevant trading standards law breaches and other breaches as stated clearly in my witness statement, I have a case to have a further hearing?
I am in desperate need of assistance to fill out and file the relevant appeal forms and contempt of court forms as I am aware I have either 14 or 21 days to lodge an appeal.
Am more than happy to upload a copy of particulars of claim and witness statement.
Any help, greatly appreciated. Thank you.
His verdict was that I cannot merge the right to reject with the claim for damages and losses.
The defendant's defence was that the car came with a 12 months MOT, was RAC inspected (paid for myself), had a pre-delivery inspection, and they had a biased expert report of their own on the basis of all the evidence I provided them.
The Judge allowed the defendant representative (a disbarred barrister operating under the lay representative act, disbarred for lying) to dominate the hearing and no surprise, he lied utterly and throughout. He stated that some documentation included in the bundle wasn't given to them prior (it was, with their approval) and that it should be discarded. His lines of enquiry were obtuse, reaching and utterly irrelevant. Also explained in the expert witness report I commissioned and answers to the defendant.
Under court procedures, they did not comply with them. "Pre delivery inspection" never materialised, answers to notice to admit facts, never answered, questions of their expert, ignored.
They had the audacity to argue that I did not comply with rules and procedures as I included documents without their knowing and permission. This was a lie as I recovered an e-mail expressly granting permission to include it!
Their expert report was predominantly predicated on an RAC inspection report I paid for. I included the terms and conditions, and it clearly stated it is a visual inspection, no form of guarantee and should not be used in court.
They claim that they stated every service the car had in the autotrader advert. These numbers were grossly inaccurate and rounded down. According to their blog on their website, they clearly stated this is misrepresentation and attempting to limit a customer statutory rights is in breach of the consumer rights act 2015 and contracts and information act. Yet, they continued to argue that they stated all these, as fact.
I also made it clear to the defendant prior to and when purchasing the vehicle that I have significant disabilities. I felt that he has taken advantage of this and as a result, I was screwed. He did not disclose pertinent information at time of sale which would have affected my decision to purchase the vehicle.
For example, on his website it stated all vehicles checked, HPI checked, RAC Passport check. This was not done at the time and only provided to me eight months later along with a servicing invoice not included at point of sale, and only when I asked for it in line with court rules and procedures and risk of penalties if not complied with.
This was also included in my particulars of claim which the judge did not address in his scope of fact finding.
In my witness statement, after every paragraph I stated the relevant consumer rights act or breach of trading standards law. I feel this was also ignored by the judge.
The Judge was a family judge and seemed overriding concerned with everyone getting on as opposed to finding the facts and acting accordingly.
At the end he was more concerned about if we were to meet again it would be in person, rather than online. He did not state anything about appeals.
There were also technical issues and points I wanted to make myself were ignored, and I was limited to only communicating with my lay representative and for him to raise anything, which he didn't.
To conclude, my argument would be that by allowing the defendants representative to represent him during the hearing, he consistently lied, was in breach of the court procedure and rules, by producing documents there and then (such as a letter to settle which was not included in the court bundle?!) and making wildly and grossly incorrect statements of fact which I can prove with the relevant documentation.
Most of all, I am disappointed that I went above and beyond to try and settle, reach an amicable agreement without going to court and I have not been able to recover any of these costs whatsoever. Even costs the defendant admitted were true, such as replacing the correct manual.
I haven't got the judgement yet but believe I need to act quickly if I am to lodge an appeal. The Judge stated that I cannot claim the right to reject and merge it with damages which I believe to be incorrect.
Consumer Protection from Unfair Trading Regulations 2008 give you rights to redress: the right to unwind the contract, the right to a discount and the right to damages.
In my opinion, I should have been given the right to unwind the contract and the right to damages.
Had the car dealer been honest in his description of the vehicle and our conversation prior to and when I purchased the vehicle, I never would have bought it.
Included in the bundle were documents pertaining to the relevant trading standards consumer law. This was not addressed.
Finally, the defendant was aware of my disabilities, and took advantage of the fact. Had I not had these disabilities or if the defendant made small allowances and confirmed that I understood what I was signing and disclosed all information prior to sale, rather than only handing it over afterwards, I would not have purchased the vehicle.
On this basis- do I have grounds for an appeal that the Judge was incorrect in his findings and inevitably his decision. Or that I would have more success calling for a further hearing on the basis that my particulars of claim was not addressed in full?
The hearing was also much shorter due to technical difficulties.
I feel that as the Judge did not rule on the entirety of what I claimed in my Particulars of Claim and the relevant trading standards law breaches and other breaches as stated clearly in my witness statement, I have a case to have a further hearing?
I am in desperate need of assistance to fill out and file the relevant appeal forms and contempt of court forms as I am aware I have either 14 or 21 days to lodge an appeal.
Am more than happy to upload a copy of particulars of claim and witness statement.
Any help, greatly appreciated. Thank you.
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