Blackhorse Tesla - Issues with Settlement - Small Claims - Eversheds Sutherland LLP

[nothpyBH]

For finance agreements - the car belongs to Blackhorse - so they pay 49,990 to Tesla for the whole car.
Then I pay the deposit of 7699 to Blackhorse - of which 3k is the plug in grant - this is also how it reflects in Blackhorse's system too.

[nothpyBH]

My reason for taking this up with the courts is on 2 levels -
- they consistently told me that I should keep using the car - for over 3 months - and promised it wouldn't impact the outcome - but it did - they charged me 3 instalments worth for it - about 2400 - and then said we will train our staff better next time
- While this 3k has been part of the deposit - they don't include it in the calculations while making the deductions for usage - so it's 3k they get to keep for free.

All I want is my 3 months worth back - it doesn't seem fair to pay for a car that had issues right out of delivery (acknowledged by Tesla and Blackhorse)

[R0b]

So if I am correct in what you are trying to explain, is that BH have received a Ł3,000 plug in grant and despite the return of the vehicle, that Ł3,000 received covers any usage in the vehicle used by you since the grant itself doesn't need to be returned to the government. By deducting a further amount then they are doubling their recovery.

Is that the gist of it?

[nothpyBH]

Absolutely - you got it. I've confirmed with the office of zero emissions as well that they have no way to get the monies back

[R0b]

Thanks, I understand now.

As I mentioned in my earlier post, you can file a reply to their defence. A reply to defence is not mandatory but it allows you to address anything that was not originally covered in the particulars of claim. It doesn't, however, allow you to introduce or plead new allegations. Equally, you don't have to respond to every paragraph because unlike a defence, you will not be deemed to admit anything you don't specifically address.

That might be a good start to respond to some of the points raised by the dealer and that might assist moving forward when it comes to narrowing down the issues for the judge to determine. If you want to file a reply, then I think the first job is for you to go through each paragraph of the defence and make a note as to whether you admit in full, partially admit or deny what they are stating.

If you can put that into a document and upload on here then we can construct a formal reply which can be filed with the court and served on the dealer. Should you deny or partially admit anything in the defence, you will need to clearly identify the parts you admit or deny and provide an explanation why.

[nothpyBH]

R0b Sounds good - I'll put a draft together and share before close of play

[nothpyBH]

R0b Hi - this is the response I've put together - tried to use the format used in the defence - I guess it needs work. please let me know what you think?

I have some emails to provide as evidence - do I provide it with this response?

Also - have received a email today from the Court asking both parties to complete the attached Directions Questionnaire, form N180

[nothpyBH]

here is the final response letter they refer to in the defence statement

[R0b]

Will try to look at it today, what's the deadline for filing the questionnaire?

[nothpyBH]

R0b its 3rd June - thank you

[R0b]

I'll have a look in the next couple days and get back to you.

[R0b]

I've attached an incomplete example of a Reply to the Defence. I did struggle a litle bit with what you had written so I've kickstarted the process. There's bits in there that fall within square brackets and if you wish to use then you will need to complete.

I suspect there's bits missing from the document you uploaded so you will need to decide what (if any) information you want to retain from the example and/or delete or include from your own material. Please have a read and make sure you understand the points I've written because there's no point relying on the examples I've given if you don't have a clue about the argument behind it then you will look silly at the hearing - happy to clarify anything.

Note that paragraph 2 is a bit of fluffy wording but should hopefully keep their lawyers (and the judge) at bay. Also note paragraph 8.5 where I refer to a comparable electric vehicle. That's just an example and I assume Jaguar falls within the same category of luxury as Tesla but I guess that's subjective. Anyway the pence per mile was based on the example given on Jaguar's website, which if you do intend to rely on, will probably want to screenshot/save the example in case it changes.

When you've digested and updated/amended as you feel necessary, post up the next draft and I'll have another look and feedback.

[nothpyBH]

R0b Thanks for providing this - appreciate all that you are doing - the table that I had put together - would it not add any value in terms of showing that they have kept 3k with them?

the idea of pence per mile is sensible - I’ll add the particulars for this

[nothpyBH]

R0b Hi - I've filled in the details to the template you shared. Please let me know if this makes sense. I've also put some comments for clarification

Also - while filling in the n-180 form - is it Ok to fill in Preference for county court location - as Online if the option is allowed?

Further more, I've received another letter from Everlands this morning - they have again made a reference to a section to which this is not a valid claim

"Your Particulars of Claim do not comply with paragraph 6.2 of Practice Direction and Part 16 of the CPR. We refer you to the Practice Direction on Pre-Action Conduct and Protocols (“PDPACP”), and in particular, paragraph 6.2 of Practice Direction 16 of the CPR which sets out the prescribed contents Particulars of Claim for a claim arising from a Hire Purchase Agreement must include. Additionally, the Particulars of Claim do not contain a concise statement of the facts on which you rely, contrary to rule 16.4 of the CPR. Accordingly, BHL has invited the Court to strike out the Claim Form and the Particulars of Claim"

They have also said that if I take this forward - I could be liable for their fees.

[nothpyBH]

R0b Should I add this table as an appendix to help the court understand the issue with the 3k not being included in the calculation?