Thanks

[Amethyst]

They seem to be basing it on the second hand value of the van less £800 for damage.



Here...

2019-03-13 13_03_06-Start.png

Van was brand new in March 2017. £19,000 ( though there is a dispute in the defence about it being actually a £16k van despite the receipt showing £19k.... there are some issues with X which may mean a £3k refund was obtained due to a cock up in the van that was actually delivered but not communicated ( sorry Sam that's just going off what's been said in the defence, the texts and what you've mentioned previously - however the van receipt is for 32 x 12 @ £19k and it does appear that is what they have so I think reliance on the receipt and actual van size counters the argument without any contrary evidence )

2019-03-13 13_08_41-Start.png

[Amethyst]

This is the price discussion.... don't think there was any more directly after that was there?




2019-03-13 13_12_07-Start.png

they have never disputed the 15000 price or previously mentioned replacing any other static, never until now have they disputed owing 10600, they have ignored all attempts of contact for over 12months.

Text 3 days later....
static.png

[Sam1068]

There was no refund given 19000 was paid as on receipt, I've gone through every message there's no more mention or dispute about the 15k. I don't know where they have plucked the figure they are offering from. I think they initially thought no contact, no response we'd just let it go. I have numerous texts stating when this sold n thst sold we will be able to pay. Mention of the theft of plants and how that would have paid large chunk off.

[Amethyst]

Funnily enough they haven't mentioned the plants.... some of it might be miscom between daughter / parents or your son and daughter etc, so don't worry too much - the receipt seems pretty clear so I think we can take as fact that the van cost £19k.

[Sam1068]

Don't think they will mention the plants I doubt they were rare orchids, but I do have a txt stating the plants would have paid a large chunk lol. It was 19k.

[Sam1068]

Is mediation the way forward, do I tell them this or does the court tell them, do I organise etc, this us a minefield, kind of wish I'd waited a while or scraped the money for a solicitor.

[Amethyst]

You have a few days for your N181 to go in don't you.... I did make a start on a reply after you first came but wanted to clarify some bits and get R0bs views but will stick here my rough start below so you know what I mean by reply to the defence... obviously we've worked some more bits out since I started so don't copy it lol ... ie the bit about damage - think that is confirmed to have been caused by your son now, but the amount already accounted for in the price agreed ( a £4k reduction when the van was just 4 months old and the damage estimated only to be £800 )

IN THE xxxxxxxxxxxxx COUNTY COURT
B E T W E E N: -
Xxxxxxxxxxxxxxxx
Claimant
and
Xxxxxxxxxxxxxxxxxxx
Defendant
____________________________________________
REPLY TO DEFENCE
_____________________________________________

1. In reply to the matters set out in the Defence;
2. The Defendant admits that they agreed to “pay back” the Claimant in respect of the purchase of the Mobile Home sited at xxxxxxxxxxxxxxxx
3. The Defendant states that “at no time was a price confirmed or a date confirmed for payment”The Claimant will adduce to evidence the Defendant offering to pay a sum of xxxxxxxx by way of a SMS Text message dated XXXXXXXX which stated “ xxxxxxxxxxxxxxxxxxxx” and of the Claimant’s acceptance of such offer.
4. The Mobile Home purchased was a xxxxxxxxxxxxx. It was purchased on xxxxxxxxxxxxxx from xxxxxxxxxxxxxx at a cost of £19,000. The Claimant will produce the receipt in evidence.
5. The Defendant alleges that the Mobile Home has suffered damage and alleges that the damage was caused by the Claimant. This is denied and the Defendant is put to strict proof.
6. The Claimant agrees that the Defendant had previously paid £4600 in part payment as consideration for the Mobile Home. The sum was accounted for before the claim was issued. MATHS BIT.
7. The Claimant alleges that the mobile home previously sited at xxxxxxxxxxxxxxx was removed ‘quickly’ to facilitate delivery of the new mobile home. This is denied. The previous mobile home was removed from the site some three months prior to delivery of the new mobile home. In the interveening period Ms xxxxxxxxxxxxx resided at xxxxxxxxxxxxxxxxxxxxxxxxxx with the Claimant.
8. The Defendant appears to admit the claim but wishes to negotiate a price reduction. The Defendant purchased the mobile home from the Claimant on the basis of xxxxxxxxxxxxxxxxxxxxxxxx at the agreed price of xxxxxxxxxxxxxxxxxxxxx of which they have previously paid xxxxxxxxxxxxx.
9. Therefore the Claimant wishes to proceed with his claim for the full sum that remains outstanding for the purchase of the Mobile Home totaling £10400.

Also on the N181 ( https://www.gov.uk/government/public...nd-multi-track for ref ) I think possibly ask for it to be allocated to small claims on the basis that its a simple contract, the defendant does admit they agreed to purchase the van, but have only paid £4600 and the only query is over the price agreed - also their offer takes the claim down to £8200 or so making the dispute below £10k the small claims limit.

[Sam1068]

Thankyou, I'm just going to do school runs, get my stuff in order. I think I need no distractions while doing this so that I get it all spot on, so I will complete everything in the morning aiming to post all guaranteed post in the afternoon.

[Amethyst]

Hopefully Rob will have chance to stick his nose in again before you have to send anything off - most of what we want to say can go in later witness statements of course, but there are a couple of big factual errors in there and your original claim particulars ( sorry ) weren't great .... so need to keep it to the facts to pull it back around - there was an agreement to buy the van from you, a price was suggested, there was implied acceptance by starting payment and promising to pay the rest etc, then they failed to make the payment, they have had use of the van throughout and it remains in their hands.

[Sam1068]

Good morning, I am now attempting to complete the n181 form. Would it be possible for someone to go through the questions with me. I don't want to make any errors. Tia

[Sam1068]

A. Mediation, do I try this as was a suggestion yesterday?
B2. Do I state my nearest court.
C. Does this mean phone calls, letters etc prior to court.
D1. No?
D2. Small claims as offer of 2600 takes below 10000.
D3.???
E. No x3???
F. My son and myself?
G. ???
H.???
I. Future application? Anything I can put in the space to help the case.
Do I attach directions as discussed yesterday, tweaked to fit.
Thankyou in advance

[Sam1068]

Coukd someone please just confirm if I'm cittect do that I can post tomorrow. Thanks

[Amethyst]

Amethyst I'll reply properly in the morning - sorry I missed your post this afternoon xxx tagging myself so. I come here first so you can get it sorted to post ( to court and copy to the other side )

[Sam1068]

Thankyou so much

[Amethyst]

I'll do draft directions after I've taken daughter to work xxx