dodgy car seller.

[dangar786]

Hi- the modifications were on the car when I bought it

[dangar786]

Hi thanks for your reply.

all the Modifications came when I bought it lol

[dangar786]

Thanks for the replies. The car was bought that way.

I have now issued proceedings as of last week.

[Pezza54]

When you said you have commenced proceedings do you mean you have got the car repaired yourself and made a claim to recover your costs?

[dangar786]

Dear all - mediation with this company failed. The mediator called 5-6 times before they answered. They have now resorted to lies to say they did not produce or give me a receipt and somebody else did.

Anyhows, I have prepared my witness statement and assortment of evidence. There is a lot and I am unsure if I should send it via email or another method?

Could I copy it onto a CD and send it that way to the Corut and the Defendant?
Thanks

[Pezza54]

If your claim has been allocated to the small claims track the judge controls the evidence. You need to wait until your receive directions from the court about witness statements and evidence.
Why cd and not a memory stick?

[dangar786]

Thanks for all replies.

So far DA CAR AND COMMERCIAL LTD has failed to serve their witness statements/evidence etc by the alloted date which was the 30th October at 4pm.

I have since contacted this company to ask for it, but they have failed to send it to me.

What do you think?

Contacting the Court within the week to apply for defence to be struck out.

[Pezza54]

No wait to hear from the court. You could phone the court to find out if the defendant filed a witness statement. If the court did not receive a witness statement the defendant will need to provide a good reason for not filing one.
If the judge decides that the defendant's witness statement is crucial to the case the judge may issue summary judgement

[atticus]

Did the court order the Claimant to pay a hearing fee by a specified date, saying the case would be automatically struck out if the fee is not paid by that date? If so, has that date passed? If the answer to both questions is yes, contact the court - ask if the fee was paid, and if not would they please implement the automatic strike out.

[dangar786]

Hi all thanks for your replies.

The defendant has filed a defence statement etc

I have not received this and have emailed the Defendant asking for it. I have been ignored.

I have also emailed the Court but from experience, all that happens is they just adjourn the hearing for another date until I receive it.

Many thanks

[Pezza54]

Without the Defence you are unable to file a Reply to Defence.
You could try phoning the court and asking for a copy of the Defence to be sent to you
You started your claim last August. I started mine over a year ago and I am still waiting for court orders, hearing date

"The wheels of justice turn slowly, but grind exceedingly fine"
Just not sure about the last part of the saying

[dangar786]

Hi all.
my claim failed today.

the judge noted that the
1. invoice
2. v5

was in my companies name.

i explained this was for administrative purposes. I explained o can provide insurance and road tax showing personal use and paid for by me personally. She wasn’t having any of it.

i showed the repair paid for by me personally- as per invoice.
i showed some monies paid bank transfer by a personal account.

she wasn’t having any of this and told me i am not a consumer

Part 4 - stated the trader must PROVE that the purchase is within my craft, trade or profession.
the trader had neither a witness statement or anything else.


is if fair to just rely on an invoice and v5 to do that?

my argument is I have business vehicles but a luxury estate car is not synonymous with what I do for a living. (Which requires heavy and large machinery)

i am 50-50 to appeal it at the moment.

than you

[dangar786]

No option to edit last post-
in Addition:

a consumer is someone who acts outside of their profession, trade or craft.

I would not purchase a luxury style estate car for my craft.

im thinking of appealing it on the fact that, matters need to be examined in more detail and upon which capacity I was acting in when I purchased the vehicle- irrespective of whether an invoice or v5 is in my name surely isn’t the be all and end all.

i can from a tax point of view purchase things for personal use from my business account registered to my business but if does not neccesarily mean its for business use. There is then a benefit in kind tax I need to pay.

there are quite a few “arguments”

what do you think?

[atticus]

I can see the judge's point. You gain tax and other financial advantages through having the vehicle bought by your company.

I observe that you did not mention the purchase and registration arrangements previously in this thread.

You have had your cake.

[des8]

CRA2015 defines a consumer as an individual.
The Explanatory notes explain "the definition of “consumer”. Firstly, a consumer must be an “individual” (that is, a natural person) "

I don't see any of your "arguments" persuading a judge to uphold any appeal