Car purchased not as described / not satisfactory / not fit for purpose

[Stewjitsu72]

Yesterday I received an email from MCOL stating that the defendant has responded with a full defence. The defence was attached along with a directions questionnaire which I am required to return by 14th June.

I wasn't planning on calling an expert witness but should I seek permission to do so in the event that one is needed? Would it be better to submit a witness statement as evidence from the workshop that made the preliminary diagnosis of the gearbox fault?

Also, should I request that the case be heard by my local county court? I have no problem travelling to Derby / Nottingham (defendant's home court), even though it is almost 90 miles from me.

Any other advice of completing the directions questionnaire would be most welcome.

Thank you.

[des8]

I wouldn't be looking to bringing in an "expert" witness.
A signed statement from the gearbox workshop should be sufficient.

Request the case is allocated to your home court as defendant is a ltd company and you are a litigant in person.

[Stewjitsu72]

I've just got several emails from Companies House. I've been following the dealership that sold us the car for a while now.

The gentleman that signed the full defence has resigned as a director. In addition, he has ceased to be the person with significant control of the company, and has also ceased to be a secretary.

Do you think this is a coincidence or is there something suspect going on?

Looking at the company, there have been numerous changes in directorship since the company was registered just under two years ago. Some of the directorships have lasted a matter of weeks.

[des8]

It is the company you are taking to court, not the directors.
I doubt he has resigned simply because of your initiative
Could be any number of reasons for the turnover of directors

[Stewjitsu72]

Thanks Des8.

[Stewjitsu72]

The defendant has submitted their Directions Questionnaire and I'm surprised to see that they have agreed for the case to be referred to the small claims mediation service. What level of expectation should I have for success, given that the defendant has submitted a full defence?

[des8]

Depends on whether or not they are serious about mediation, or just ticking the box because the courts expect all parties to try and settle out of court.
Besides agreeing to mediation he would have to file a defence in case mediation fails

[Stewjitsu72]

Depends on whether or not they are serious about mediation, or just ticking the box because the courts expect all parties to try and settle out of court.
Besides agreeing to mediation he would have to file a defence in case mediation fails

I guess I’ll find out on July 26th. I have a mediation appointment with the designated negotiator.

In order to qualify for mediation the defendant has to agree that he/she is willing to compromise in order to reach a settlement out of court (I also have to be willing to compromise).

[des8]

You have to be ready to compromise does not mean a compromise solution will be agreed.
Go into mediation with a figure (below which you will not go) in mind, but don't declare it immediately

[Stewjitsu72]

You have to be ready to compromise does not mean a compromise solution will be agreed.
Go into mediation with a figure (below which you will not go) in mind, but don't declare it immediately

Understood. I’ll bear that in mind, thank you.

[Stewjitsu72]

Lodged the claim and opted for Court Mediation.

Defendant didn't show up for the mediation appointment.

It's been referred back to the court.

Waiting for a letter....... Yawn.

[Stewjitsu72]

Case has been issued to my local court, which is better than having to travel 90 miles to the defendant's chosen court I guess.

Will post here when I learn more but I am assuming there will be a big backlog of cases to be heard.

[des8]

You certainly have time to make a brew