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

[Pezza54]

Please read CPR 27.2 (1) (e)
If the defendant objects to your expert or has named a different expert in their DQ, the court may appoint a single joint expert (CPR 35.7 and 35.8)

There is a good chance the judge will set a case management hearing to decide on the appropriate expert for a report.

[WhiteVanMan5]

The Ombudsman said "Thank you for your email. So you didn't take the case to decision, so you don't have a DRN number."

Ok, being unable to find it, I emailed the ombudsman to ask for the number, he responded with the following:



To be honest, that has taken me somewhat by surprise as I understood the judgement he sent me to be a decision. The statement from them was it could be taken further with added evidence (which I have provided a few times with added discussions)

Here are quotes of the two judgements that they have sent me (my redactions of personal or identifying information):



And the earlier judgement provided:



So where do I go from here, is it advisable for me to ask the Ombudsman for a final decision of my complaint? (It seems pretty clear that final decision will not be in my favour)

[WhiteVanMan5]

Please read CPR 27.2 (1) (e)
If the defendant objects to your expert or has named a different expert in their DQ, the court may appoint a single joint expert (CPR 35.7 and 35.8)

There is a good chance the judge will set a case management hearing to decide on the appropriate expert for a report.

That would be frustrating. I got the expert I got, somewhat randomly from the internet, after the bank asked me to commission an independent expert report. It would be annoying for them to ask me to get (and pay for) an independent expert report and for them to then reject that expert.

[WhiteVanMan5]

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

Would it be a good idea to refer to this thread, and potentially give the defence access to the advice and guidance I am receiving?

[Pezza54]

Make sure you dispute the point in the Defence about the FOS decision in your Reply to Defence which should be included when you file your DQ

[Pezza54]

That would be frustrating. I got the expert I got, somewhat randomly from the internet, after the bank asked me to commission an independent expert report. It would be annoying for them to ask me to get (and pay for) an independent expert report and for them to then reject that expert.

You are right. If there is a hearing about expert evidence, point that out to the judge. The defendant asked you to provide and pay for an expert report and then didn't accept/agree it

[Pezza54]

Would it be a good idea to refer to this thread, and potentially give the defence access to the advice and guidance I am receiving?

They're probably reading it anyway
The defendant doesn't want to lose this case. There may be other potential claimants waiting to see the outcome and then decide whether to start their own claim

[Pezza54]

I am thinking that the Ombudsman realised their mistake about referring to CRA in their decision and may have decided not to publish it
The owner of a van that has been driven extremely high mileage in a short period of time is clearly not a consumer and CRA does not apply
You would have admitted you used the van for business purposes had you been asked by the investigator or the ombudsman

[WhiteVanMan5]

Make sure you dispute the point in the Defence about the FOS decision in your Reply to Defence which should be included when you file your DQ

That's not at this stage? What is "DQ"?

[WhiteVanMan5]

You are right. If there is a hearing about expert evidence, point that out to the judge. The defendant asked you to provide and pay for an expert report and then didn't accept/agree it

Additionally, IIRC, I notified them who I was going to use before I actually committed to having that report done.

[WhiteVanMan5]

They're probably reading it anyway
The defendant doesn't want to lose this case. There may be other potential claimants waiting to see the outcome and then decide whether to start their own claim

Should that worry me? (It does - I'm clearly a "David" against "Golliath"). I feel out of my depth and somewhat "winging it".

[Pezza54]

That's not at this stage? What is "DQ"?

Form N180 directions questionnaire

[Pezza54]

Should that worry me? (It does - I'm clearly a "David" against "Golliath"). I feel out of my depth and somewhat "winging it".

On the small claims track the solicitor has to limit the time they spend on the case. Their client has to pay most of their fees

[WhiteVanMan5]

Make sure you dispute the point in the Defence about the FOS decision in your Reply to Defence which should be included when you file your DQ

The "Reply to Defence" is simply in letter format? I will try to draft something this weekend and post for feedback.

[Pezza54]

The "Reply to Defence" is simply in letter format? I will try to draft something this weekend and post for feedback.

No it is a document similar to "Particulars of Claim" and "Defence"