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

[WhiteVanMan5]

Revised section 15

15) The response from the FOS contradicts and rejects the testimony of the expert report. The FOS is not qualified to reject the expert testimony. The FOS claim that the timing chain requires replacing after 100,000 miles is totally inaccurate in respect of this engine and this vehicle. Further, it should be remembered that this is a commercial vehicle, purchased for commercial reasons, with a reasonable expectation that this is suitable for commercial usage. It is rated for a 955kg payload weight, the equivalent of about 12 average men. The claimants work is high mileage, but generally low weight with few stops, the best conditions for a vehicle to run in. The claimant can produce records showing photographs of his cargo and tracking the route driven for the majority of mileage. It is a commercial vehicle that was not driven under extreme commercial conditions.

[Pezza54]

That's brilliant.

When is your Directions Questionnaire due back?

[WhiteVanMan5]

I have no idea. I wasn't requested for it. I am only doing it because you suggested I do it.

[Pezza54]

I didn't suggest you do it, I just said you should file your Reply to Defence at the same time you file your DQ
When you posted a completed N180 I thought the court must have asked you to file one

You must be due to receive a Provisional Notice of Allocation including a date to return your DQ any day now. Let's hope it's N180 and not N181 now you have spent time completing it

[WhiteVanMan5]

My bad - apologies for the misunderstanding.

So I have nothing to do now, except wait to hear from the court? (and presumably the Part 20 defendant)

[WhiteVanMan5]

I've received a letter from the court today.

It states the defendant filed an acknowledgement of service on 11th April (that would just be the date the court looked at their previous correspondance?), that they intend to defend the claim and that the defendant has 28 days to file their defence.

I take it there is nothing for me to do at this juncture, except to wait.

There has been no response at all from the part 20 defendant so far as I know.

[Pezza54]

Post 79
You received the defence on 21 February
You were waiting to receive notice from the court about provisional allocation to a track and the latest date to file and serve N180

Is the correspondence from the court about the Part 20 claim and the dealer's defence?

[WhiteVanMan5]

No, the letter from the court is only in relation to the main defendant.

My presumption is that it has taken the court nearly 2 months to process it? (or at least the first part of it)

[WhiteVanMan5]

The court is still using their original name before they were taken over (I don't know if that is an issue I need to worry about?)

[Pezza54]

Post 77
The defendant's solicitor notified the court of the new address for service (their own address) and that the defendant company had been taken over. That was over 2 months ago. At that time they also filed their AOS and a few days later filed their defence

You should phone the court next week. Sounds like a clerical error. Not sure why the court should state the defendant filed their AOS on 11 April and have a further 28 days to file their defence

[WhiteVanMan5]

Ok I will call the court next week.

[WhiteVanMan5]

I received a letter from the court today.

It included:
- Notice of proposed allocation to the Small Claims Court
- N180 Directions Questionnaire
- Defence (Stamped by the court as at 21st May 25)

The Notice of proposed allocation to the Small Claims Track states:
- This is now a defended claim
- It appears the case is suitable for allocation to the small claims track
- "You must by 30th June 2025 complete the Small Claims Questionnaire (Form N180) and file it with the court office and serve copies on all other parties."

I know what needs to be done this weekend!

[Pezza54]

Make sure you ask for the court's permission to present an expert report in your DQ
You should enclose your Reply to Defence with your DQ if you haven't already filed it with the court

[WhiteVanMan5]

I didn't have time to do it last weekend and this weekend it totally slipped my mind until about an hour ago!! Just got to work on it in a last minute panic, but fortunately it seemed straightforward as the response had been prepared previously and you had already given me the guidance I needed. So I'm just collating the N180 and my reply to the defence. I shall email it this evening to the court, the defendants solicitors and the part 20 defendant. I shall also send it recorded delivery tomorrow to all 3 parties. Does that all sound good?

[Pezza54]

The court won't be pleased to receive duplicate copies. Either email or recorded delivery.
You can email and post to the other parties or you could just email and request confirmation of receipt