Section 75 Vehicle

[Notinmylife]

Re: Section 75 Vehicle

So even though I got there DQ on Saturday it is only today that it was filed with Court. 3 days late as it should been filed on Monday but understand they are allowed to be up 7 days late ?

[des8]

Re: Section 75 Vehicle

Don't worry about whether or not they follow the court's directions, just make sure you do!

Did your offer to settle comply with part 36?

[Notinmylife]

Re: Section 75 Vehicle

Part 36 does not apply to small track cases.

[des8]

Re: Section 75 Vehicle

Correct... but were your offer letters marked "without prejudice"?

I know the judge in small claims has very wide discretion but...........

[Notinmylife]

Re: Section 75 Vehicle

No open letters can be used in court if needed.

[Notinmylife]

Re: Section 75 Vehicle

do you think I should of marked them 'without prejudice' I can prove if they open letters I am trying to settle the case.

[des8]

Re: Section 75 Vehicle

No. You're in small claims so probably of little import, and possibly even work to your advantage.

[Notinmylife]

Re: Section 75 Vehicle

While I Suspected this No Part 20 Claim was submitted, just the claim which was on to the back of there defence.

and was used as scare tactic.

[Notinmylife]

Re: Section 75 Vehicle

New update. Courts finally realized about the Part 20 and gave Halifax 3 days to pay for it.

Which They did as they had defaulted. Judge Requested certificate of service for part 20 3 weeks later nothing supplied by Halifax.
It then
Went back to Judge who decided on a half hour hearing.
Now waiting for a court date paperwork.

[Mjharper]

Can I confirm what actually happened - did you get to keep the car?

I might be in a similar situation. Successful chargeback which after 45 days is being referred as a section 75. So had full purchase back and had to buy a second car, the first (faulty) is on my drive.

As I understand a sec75 is my credit card provider giving me the credit back (not the dealer)

If the sec 75 is successful I'm wondering if I can give the cc provider the sale value (minus all the issues) and repair the car myself