Cam Chain snapped on new van after 20 months / 114k miles

[WhiteVanMan5]

....

[WhiteVanMan5]

Response received today. Dated 7th February.

Response was from Solicitors who are handling the case. My quick summary (I presume you'd want me to post the documents received, suitably redacted - I'll do that later):
- The defendant has been taken over, so the legal entity of the defendant has been clarified as the bank that has taken over the credit card company I had served. New address for correspondance with defendant, in London.
- They sent me:
- Acknowledgement of Service
- Notice of acting on behalf of defendant
- Request that future correspondance be sent to solicitors at their Birmingham address
- They confirm they have filed the document with the court
- They ask for permission for me to accept service of documents by email and to provide my email address if I agree (My feeling is to agree on a reciprical basis - i.e. if they also agree to accept email correspondance)
- The notice of change of legal representative looks standard and uninteresting beyond the basic details provided.
- The response pack states they "intend to defend all of this claim". The notes on the form state that they must enter their defence within 28 days of service of the particulars of claim or claim form or judgement may be served against them. So I presume I am just waiting on their defence now.

Confess I'm a bit nervous about this now - going up against solicitors!!! (too late to back out now).

I believe in my postiion and my case, but the system isn't set up for people like me to take on large companies!

[Pezza54]

Thanks for updating the forum
You are welcome to post the defence for comment and advice
Just remember you have the expert report on your side as well as evidence that this is more than a rare fault with the cam chain

[WhiteVanMan5]

I have this evening received the defence by email.

The defence includes a 27 page defence document (6 pages of defence and 21 pages of exhibits).
It also includes a 20 page "Part 20" document which appears to be adding the retailer as a co defendent.

I haven't got my head around it yet, but will post immediately (with some redactions) the key pages of the defence (the first 6 pages)

[WhiteVanMan5]

[Pezza54]

There is nothing to worry about in the defence. The defendant is arguing that the van was reasonably durable because it had been driven over 100k miles.
Not surprisingly the defence fails to mention that the van was under 2 years old when it broke down or that the cam chain was a non serviceable component and should last the lifetime of the vehicle
The solicitors inserting "the claim is insufficiently particularised and should be struck out" is common practice and must be frustrating for the court
Your claim is clear and concise
Make sure you hold onto your evidence regarding the value of your claim, in particular loss of value of the van and loss of earnings. You will need this info as evidence in your witness statement which comes later on in the process

The defendant does not need court permission to add another claim and defendant to your claim, provided the defendant does this before or at the time his defence is filed. CPR states all parties should be served with part 20 documents. The defendant has served you with these papers. Is the defendant's solicitor adding his legal costs in this claim against the dealer?

[Pezza54]

Have you kept your credit card statement that includes the deposit to the dealer?
If not you could write to the bank and ask for a copy of this statement as well as a copy of the original agreement

[WhiteVanMan5]

Thank you for your reassurance. To be honest, their response initially scared the $h!t out of me!

Yes, I have a digital copy for the credit card statement for the deposit as well as the bank statement for the full payment. Further, the solicitors included copies of them both in their evidence exhibits.

Yes, the credit card company specifically includes against the retailer."such sums as [credit card company] incurs by way of its own costs of this action, and generally in relation to the Claimant's claim on an indemnity basis"

The idea that the claims is inflated is absurd (paragraph 24) - the claim has been reduced to keep it in the "small claims" sphere and actual losses are substantially larger!

A lot of their defence also conflates the Timing Belt (servicable item which requires regular replacement - mine was fine after the failure) and the Timing Chain (non servicable item which does not require regular replacement - the part that failed)

[WhiteVanMan5]

Do I respond to their defence now, or do I wait for direction from the court?

[Pezza54]

A Reply to Defence, if the claimant wants to draft one, should be filed with their Directions Questionnaire.
You don't need to reply to every point in the defence.
Your claim depends on whether you can show the court sufficient evidence to convince the judge the van had an inherent fault with the cam chain and that a reasonable customer should have expected the van to last longer than it did, before the engine suffered major damage. So you should concentrate on replying to those points in the defence

[WhiteVanMan5]

That would be this form? https://assets.publishing.service.go.../N180_1124.pdf

I have only had a quick glance at it so far.
- Do I want to proceed with or without a hearing?
- Do I seek a "mediation appointment"? (It appears to be compulsory)
- Do I declare yhe author of my expert report as someone to provide expert evidence? (and presumably contact him to check if he is available to testify in court, for the sum described? Upto £750?
- What kind of reasons do I provide as to the reason for which court should hear the case? (real reason - I just picked the one closest to me!)
- Witnesses will be just myself?

There doesn't appear to be any opportunity in the form to respond to the defence case or to introduce evidence - e.g. My Expert Report.

[Pezza54]

N180 appears to have changed recently
The form does not ask the parties how long they estimate the hearing will last and mediation is now compulsory. Mediations mentions attendance, it used to carried out by phone calls
Yes ask your expert if he is willing to attend court, but doesn't matter if he isn't
Your local Lewes combined court because you are a litigant in person
You agree the small claims track is appropriate, the value is under £10k and the claim is not complex
Ask for permission to present the expert report
Witness will be just yourself unless the expert is willing to attend as a witness
Say you don't consider the claim is suitable for judgement without a hearing. You want to present your evidence in person and talk about the time the serious breakdown occurred whilst you were driving

[WhiteVanMan5]

I have been a bit slow to get onto this, but have now completed the N180. Obviously it is mostly contact details that I have redacted in here. Presumably just a case of printing it off, signing it, scanning it back in, sending electronically to the court and the bank solicitors and physically to the court as well.

Then just a question of being patient until I hear something now?

I have been thinking of posting my story and direction on motoring forums. Any thoughts?
Motivations are:
- might get some further information/insight from people better informed than me
- if Stellantis see it, might be motivation for them to get it settled rather than going through the court case

[WhiteVanMan5]

Could only upload the first 6 pages above - here are the final 2 pages

[Pezza54]

All straightforward. That's fine
You could refer the motoring forum to Leagle Beagles to read about your ongoing claim
I was still unable to find the Financial Ombudsman's final decision on their website. The Defence states the ombudsman gave his or her final decision