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

[Frank1]

At present you should be concerned about drafting your witness statement for the 22nd.
It's your decision whether to write to the defendants now for their agreement for an extra 28 days to serve witness statements, or continue with the 22nd deadline and start drafting your statement. I can't see any need to put back the whole schedule. No date has been set for the trial.

As you had accepted the 2nd defendants offer, I am thinking that the delay may be caused by negotiations taking place between the two defendants about legal costs.

[Frank1]

As witness statements are not filed there would be no need to notify the court about a new deadline to serve them.

[WhiteVanMan5]

I had assumed that the offer from the Part 20 defendant had come after discussions between the defendant and Part 20 defendant - is that not likely the case? Indeed, probably also the manufacturer? Is this likely a unilateral decision from the Part 20 defendant?

Will the defendant have any case with the Part 20 defendant over legal costs, given the small claims track?

I'm back working tomorrow (Sunday) and likely to be on the road all week. Rather than spend time and effort now trying to get on top of the witness statement. Is it reasonable to instead contact the defendant and Part 20 defendant for an update instead? (With a view towards next weekend if I have to start working on the Witness Statement).

I'm thinking sending something like this:

Subject: UPDATE REQUIRED: Settlement Documentation & Upcoming Deadlines - CLAIM NO: *********

Dear All,

Re: ***** **** v (1) ***** Bank (2) ***** Limited

Claim Number: *******

I write further to ***’s email to the Court dated 25 June 2026, which confirmed a 28-day extension of time regarding the expert evidence directions while settlement terms were being finalised.

I have not yet received an update or a first draft of the formal settlement agreement (whether by way of a Deed of Settlement or a Tomlin Order) from either Defendant.

The looming deadlines on 22 July 2026—which require the exchange of signed Witness Statements and a further application to the court—now present a significant operational problem and unnecessary inconvenience for all three parties. It is highly counter-productive for everyone involved to expend time, resources, and legal costs preparing these formal documents while a full settlement is actively being finalised.

Could you please provide an update on your progress alongside your expected schedule for the formal agreement? Without an update, all parties will be forced to begin preparing these complex documents shortly to ensure strict compliance with the court timetable.

I look forward to hearing from you.

Yours sincerely,

***** ****

Claimant (Litigant in Person)

[Frank1]

Under s75 of CCA 74 the creditor has a legal indemnity to recover losses from the supplier (including reasonable legal costs) when defending a debtor's claim in court.
Regarding your email it is you that will be facing the preparation of lengthy (not "complex") documents if a formal settlement is not reached in the next week or so.
Your witness statement will ne much longer than theirs and it is also you that may have to draft and file the application.

My advice is to amend '".....all parties will be forced to begin preparing these complex document shortly....." so it reflects that it is you that will be disadvantaged.

[WhiteVanMan5]

I'm a bit worried about telling them it's more for my convenience than theirs. Does that not encourage them to drag their feet a bit?

How does this amendment look?

I write further to ***’s email to the Court dated 25 June 2026, which confirmed a 28-day extension of time regarding the expert evidence directions while settlement terms were being finalised.

I have not yet received an update or a first draft of the formal settlement agreement (whether by way of a Deed of Settlement or a Tomlin Order) from either Defendant.

The looming deadlines on 22 July 2026—which require the exchange of signed Witness Statements and a further application to the court—now present a significant operational problem and unnecessary inconvenience for all three parties. While I am fully prepared to draft and file these lengthy documents to protect my position, it is highly counter-productive for everyone involved to expend time, resources, and legal costs dealing with them while a full settlement is actively being finalised.

Could you please provide an update on your progress alongside your expected schedule for the formal agreement? Without an update, all parties will be forced to begin preparing for these deadlines shortly to ensure strict compliance with the court timetable.

[WhiteVanMan5]

Under s75 of CCA 74 the creditor has a legal indemnity to recover losses from the supplier (including reasonable legal costs) when defending a debtor's claim in court.

I hadn't appreciated that. The legal costs are going to be substantial I guess for the Part 20 defendant even at this stage. I really hope that somehow the whole bill gets passed on to Stellantis.

[Frank1]

That's better

Did you complete drafting your witness statement ready to attach to the court application?

There's a chance you may receive a court reply to your 28 March email by 22 July Four months will almost have passed

[WhiteVanMan5]

No I haven't done anything about the Witness Statement yet.

[WhiteVanMan5]

Ok, deadlines are approaching again and things haven't moved forward.

The Part 20 defendant has been chasing - the defendant (the Bank and Solicitors) are dragging their feet.

I understand (if AI can be believed) that a further 28 day extension is not possible.

I am intending to send this first thing in the morning - any last minute thoughts?



I write further to the emails below.

While I appreciate ****’s (Part 20 Defendant) prompt update and **************'s (Part 20 Defendant) readiness to proceed, we appear to have stalled whilst awaiting ****’s (Defendant and Bank) formal draft documentation.

With the 22 July 2026 deadlines rapidly approaching next week, we are now facing a critical juncture. As a Litigant in Person with commercial driving commitments during the week, I am facing the prospect of having to draft and finalise my formal Witness Statement (Paragraph 6) and my N244 application bundle regarding expert directions (Paragraph 8.2) over this coming weekend to ensure compliance.

If I am forced to proceed with filing and serving these documents on Wednesday:

1. Reciprocal Costs: Both Defendants will be legally required to finalise and serve their own Witness Statements next week to avoid being barred from giving evidence under Paragraph 7. Preparing these documents under a compressed timetable will force your respective clients to incur significant, unnecessary, and unrecoverable legal costs.
2. Court Applications: I will file a formal application to the Court on 22 July regarding expert directions. In that application, I will present this correspondence to the Judge and actively seek an order for my application costs against the Defendants on the grounds of unreasonable delay in finalising agreed terms.

It is highly counter-productive and financially reckless for all three parties to embark on active litigation steps next week when a full settlement has already been agreed in principle.

To prevent this unnecessary escalation, I propose that the parties immediately agree to a joint Consent Order to stay (pause) these proceedings for 28 days (until 19 August 2026) to allow the Tomlin Order to be executed.

Please confirm by return email no later than 4:00 PM today, Friday 17 July 2026, if you agree to this stay.

If agreed, I expect **** (Defendant and Bank) to file the brief stay notification with the court. If I do not receive your written agreement by 4:00 PM today, I will proceed to draft and serve my evidence and application, and we will let the Judge decide the issue of costs resulting from this delay.

I look forward to hearing from you.

Yours sincerely,

***** ****

Claimant (Litigant in Person)

[WhiteVanMan5]

I appreciate I haven't allowed much opportunity for feedback However I'm about to leave for work, so have needed to send it as it is. Hopefully I'm not doing anything too stupid!

[Frank1]

Your email is okay apart from filing your witness statement. You just need to serve it if and when the time for exchanging statements comes.

[Frank1]

If the solicitor doesn't reply you should file and serve your application on the 22nd. Your witness statement can wait as it is not filed.

[Frank1]

Sorry my mistake. I read "finalise" as "file". Well I was still half asleep.

[WhiteVanMan5]

If the solicitor doesn't reply you should file and serve your application on the 22nd. Your witness statement can wait as it is not filed.

Just got home from work

The deadline for the Witness Statements is 22nd July. I presume I need to file them on Thursday too?

There were a couple of emails today, which I've only just caught up on.
8am: The Part 20 defendant agreed with my request for a stay, but also expressed frustration that there should be no need for it as they cannot see why the order cannot be executed swiftly and settlement made.
3:23pm: The lawyers for the defendant/Part 20 Claimant apologised for their delays in response and confirmed they're still discussing the terms of the settlement agreement with their client (the bank). They sent a Draft Consent Order for agreement which offered a 28 day agreement on Paragraph 6 (witness statements). Crucially they failed to mention paragraph 8.2 and any extension for the expert witness process.

Being a consent order, I presume it needs to be signed off by a judge? And chances are that wouldn't be done by Thursday anyway?

I confess I'm a bit frustrated. I'm working again Sunday and time is likely to be very limited again next week. Basically I have tomorrow, Saturday, my sole day off to get on top of all this. It seems totally unreasonable from them. I presume there's no way around this? This seems so unnecessary when agreement in principal is made. (I wonder if the Part 20 Claimants are going to spring legal costs in the Part 20 Defendant as a shock for them and scupper the whole agreement.) Am I right in thinking that if I win, then the defendants claim their legal costs against the Part 20 defendant, but if the part 20 defendant wins, then the defendant can't claim their legal costs back from anyone? That almost sounds like there's a perverse incentive to the defendants for me to win the case?

This is what AI is suggesting I send to the defendants:

Thank you for preparing the draft Consent Order.

Before I execute the DocuSign, I note that your draft only references Paragraph 6 (Witness Evidence). It completely omits the upcoming deadline for Paragraph 8.2 (the Expert Directions Application), which also expires on 22 July. 2026.

As a Litigant in Person, my commercial driving commitments mean I am unavailable during standard hours. Please update the DocuSign text so that Paragraph 1 covers both outstanding directions:

“1. The time for the parties to file and exchange witness evidence pursuant to Paragraph 6, and the time for the Claimant to apply to the Court for further directions pursuant to Paragraph 8.2 of the Court Order(s), be extended by 28 days to 4:00 PM on 19 August 2026.”

Please ensure this updated DocuSign link is sent to me no later than 4:00 PM on Monday 20 July 2026.

If the corrected order is not provided by this deadline, I will have no alternative but to file a unilateral N244 application on notice on Tuesday morning to protect my position. I will present this correspondence to the Judge and actively seek my application costs of £321 against the Defendants on the grounds that a clear clerical omission was not rectified within a reasonable timeframe.

Kind regards,

Any thoughts? AI is also telling me I need to have my N244 and Witness Statement ready to send.

[Frank1]

My advice in post 522 hasn't changed.
To me it seems unlikely that the solicitor has forgotten to add extra time for the filing of your application, concentrating on witness statements that don't need to be filed.
It may be deliberate in the hope that you won't file your application by the deadline.
You should finish drafting your application and mini witness statement today in case the solicitor doesn't reply to you in time.