Behemoth auction house demanding return of purchased lot - Letter before action

[dylan2408]

Well, times up. No reply - How do I go about getting a court order for the part 18 questions do I just forward my original email to CCBC and state that they have ignored it?

Not sure how I make an application to the court, until now I have just been replying to things sent to me.

Thanks

[dylan2408]

Is this accurate?



To apply for a Part 18 request for further information, you will need to follow these steps:

1. Fill out form N244 - Application Notice
2. In the "Details of the Claim" section of the form, explain that you have sent a Part 18 request for further information, but the other side has not provided the information you requested.
3. In the "Relief sought" section of the form, state that you are seeking an order for the other side to provide the information requested in your Part 18 request.
4. Submit the completed form N244, along with a draft order for the court to sign, to the County Court Business Centre (CCBC) for consideration.
5. Pay the appropriate fee for the application.

Once your application is received, the CCBC will consider your application and the draft order. If the CCBC is satisfied that your application has merit, they will forward it to the relevant court for consideration.

If the court grants your application, the other side will be ordered to provide the information requested in your Part 18 request. If they still fail to comply with the court order, you may need to apply for further court orders to enforce the order for the provision of the requested information.

This was answered by chat GPT

I can see I need to attach a draft order, what would this look like for a part 18 enforcement?

[dylan2408]

Anyone have previous experience getting a N244 form through court for a part 18 request further information from the other side? Court has twice marked my application as invalid citing application order not clear.

First time round specifically put in box 3 "I request an order under Part 18 of the Civil Procedure Rules for the defendant to provide the information in my Part 18 request. The defendant has failed to provide any response, which is crucial for me to understand and respond to their case. Without this information, I will be unfairly prejudiced. I respectfully request that the court order the defendant to provide the information within a specified timeframe."

This was deemed unclear, second time round I extended box 3 and put:
"Extension for Box 3 - What order are you asking the court to make and why?

I respectfully request that the court makes the following order:

I am applying for an order under CPR Part 18 to compel the claimant to provide a full and substantive response to the Part 18 request served by the defendant on 11^th April 2023.

Order the claimant to provide any accompanying evidence or documentation that supports their response to the Part 18 request.

Specify a deadline for the claimant to comply with the order, preferably within 14 days from the date of the order.

I am seeking this order to ensure that the claimant fulfils their obligations under the Civil Procedure Rules and provides the necessary information and documents relevant to the issues in dispute. The claimant's failure to respond to the Part 18 request is impeding my ability to prepare a proper defence and causing undue prejudice in this matter.

Granting this order will facilitate a fair and efficient resolution of the case by allowing me to adequately assess the claimant's position and respond appropriately. I believe it is in the interest of justice and the overriding objective of the court to ensure the prompt exchange of relevant information.

I kindly request the court's consideration of this application and appreciate the opportunity to present my case effectively."


Can someone let me know where I am going wrong I think its quite obvious what I am asking for and why.

Thanks

[R0b]

Sounds obvious, but have you contact the court to find out why they think it is not a valid application?

This:

I request an order under Part 18 of the Civil Procedure Rules for the defendant to provide the information in my Part 18 request. The defendant has failed to provide any response, which is crucial for me to understand and respond to their case. Without this information, I will be unfairly prejudiced. I respectfully request that the court order the defendant to provide the information within a specified timeframe.

Could be amended to this:

1. An order, pursuant to paragraph 5 of CPR Practice Direction 18 that the Defendant provide the following further information or clarification under rule 18.1 to the Claimant within 14 days of the date of the order:


[List out the information being requested]

2. The Defendant do pay the Claimant's costs summarily assessed at [insert amount].

Alternatively in para.1, you could modify the language above to say something like .... information or clarification under rule 18.1 as attached to this application and then attach your P18 questions.

[dylan2408]

Firstly, thanks Rob for your continued support, I have now received a reply to my part 18 request from copart..

Part 1: Please confirm who owned the vehicle 22 November 2022 -- "The vehicle was assigned to Copart by AXA insurance, having been written off by its policy holder and having deemed uneconomical to repair. Copart, acting in its capacity as an agent for sale only."

Part 3 iv: the insurance damage appraisal for this vehicle -- "£71,566"

Is this enough to have the case struck off? Copart are claiming to have lost £20,000 when in fact they did not stand to receive this money, AXA did. Therefore surely invalidating their claim? They also state the vehicle repair cost as £71,566 and the estimate value (pre accident) at £60,000 meaning the £24,000 paid is fair if not too much.

Let me know your thoughts, I can't see how a company can claim they have lost anything if they did not own the lot or stand to receive the money in the first place.

[Pezza54]

Dylan, sorry for joining this thread late.
In your second post dated 9.12.2021 you said the vehicle was category S . Had the insurance company classified it category S?
It is essential all category S vehicles are advertised as such and a buyer who unknowingly purchases a category S car can sue for damages.
A category S car can be worth 20-40% less than the same vehicle that is not cat S
This means the valuation you obtained on Parkers is too much and you could have over paid.
Have you considered a counterclaim?

[dylan2408]

Hi Pezza54, Yes the vehicle was advertised clearly as category S and you are absolutely right that the resale on a category S vehicle normally amounts to around 60% of the retail value.

This is the main reason I have maintained the whole way through that no buyer was willing to pay the final bid the first time round and that I believe they are using "unjust enrichment" to increase the sale price owing to there not being an error their end and them just realising I had previously "bid" more then I paid on a subsequent auction.