Advice needed urgently

[octet]

Hi everyone,

I need some advice on a claim I filed a while ago against a garage for damaging my gearbox. I've sent plenty of letters before action etc and in the end I've taken them to court. Now the really bad part comes in, I've totally forgotten that the defendants application hearing date is 12th of February, so I've only got today to prepare which is not enough.

So I'm trying to ask the court to adjourn the hearing date and allow me to submit a witness statement and amend the particulars of the claim (the defendant wants the claim to be struck out).

I need some guidance please, do I need the fill in the N244 and take it to court in person before 4pm today? What do I need to say in the reasons? Do I need to prepare a Draft Order?

Thanks a lot!

[Amethyst]

Re: Advice needed urgently

Hi

Could you possibly post a copy of the defendants application to strike, and your original claim, please. Take out personal details.

You can just respond to their application with a witness statement - but to amend the particulars of claim you will need an application - but lets see what you submitted as the POC first.

[octet]

Re: Advice needed urgently

Hi,

Thanks for your speedy reply.

POC below, I'm scanning their Witness Statement, Draft order etc and upload now.

[octet]

Re: Advice needed urgently

More docs below:

[Amethyst]

Re: Advice needed urgently

Ok the failing with your POC is to specify how the amount claimed has been calculated, so I think you will have to apply to amend your particulars of claim. Presumably it's the cost of the rebuild of the gearbox ?

Will need some more background if you want a hand sorting out amended particulars. On the plus side you will have a lot more space to make your case.

[octet]

Re: Advice needed urgently

Can I PM you please, I wouldn't want to list all the details here...

[Amethyst]

Re: Advice needed urgently

So - what was the agreement/contract between you and the Defendant

Did he carry out the work poorly or did he say he had carried out the work and you found out he hadn't ?

Did you pay him for the work ?

I don't know anything about gearbox's so ball's in your court there.

Did you give him opportunity to recitify ?

Did he respond to any of your communications about the gearbox issue ?

How long did you wait before having it rebuilt ? who said it needed to be rebuilt ? Did you get a report from another garage about the gearbox ?

How is the amount made up ?

[Amethyst]

Re: Advice needed urgently

Can I PM you please, I wouldn't want to list all the details here...

Okay but we'll have to do the amended parts on here, just for your own safety ( in case I get something wrong etc). But shouldn't need to post the absolute specifics / name of garage etc publicly,

[octet]

Re: Advice needed urgently

PM sent, and yes I agree to post generic stuff in here for reference. Thanks a lot!

[octet]

Re: Advice needed urgently

Can you confirm you have received 2 messages from me please?

[Amethyst]

Re: Advice needed urgently

Yep got them, just finished reading the first.

[octet]

Re: Advice needed urgently

Sorry for the spam, you have 3 PMs now, should give you all the necessary details.

[Amethyst]

Re: Advice needed urgently

Rightio, my heads all full of tuning and torques now... lol

I can't say whether you have a good case, simply because I don't know anything about mechanics ( though I will ask my other half to look in later on) but you have explained and detailed the issues, and evidenced them. I don't think there is an issue with your case other than your POCs are a bit vague - rather than defending they have decided to attempt to strike you out on a technicality. I'm not convinced they will succeed if you make a Witness Statement in response with copies of the pre-action correspondance as that clearly breaks down the amount you are claiming. The Judge may simply order you to file amended POCs, but belt and braces approach would be to file an application to amend.

Couple of Q's.

The email that states nothing to be done without contacting you first wasn't sent until after you dropped off the car. ( car dropped at 10am email sent over 2 hours later)

the wheelgate? boxes - they don't say 5.8 on them ?

[Amethyst]

Re: Advice needed urgently

Okay just received Part 3

What happened between April and when you submitted the claim ( October 2015?) and do you no longer have the solicitors ?

[octet]

Re: Advice needed urgently

No solicitors, the one dealing with my case left the firm, the others were asking for stupid amount of money which I don't really want to keep paying while I'm already at loss

Nothing between April and October.

Do I still have time to draft the Witness Statement and submit it to the court today / tomorrow? Hearing is on 12th... Silly me for forgetting this