Dodgy Car Dealer

[Kayley]

Yes we did.

[Pezza54]

That's good news
What did the defence state about the garage report? Did the defendant try to discount it?

[Kayley]

He ignored the interim report showing the problems with the brakes and suspension rods other than to state 'it is only an amber warning and therefore not dangerous or unroadworthy' . He had a new MOT done just after we returned the car and it showed the issue with the brakes as an advisory but this would not have checked the suspension rods or oil consumption.
In their defence statement they quote the MOT and deny I have any rights under the CRA. In previous messages from Lawgistics they state I can reject the car under the CRA but only under certain sections where he can deduct for usage. (we rejected this as the offer was substantially lower than what we paid. Also we had the car for 133 days. 86 of those days were delays caused by the defendant for holidays or no response to messages. 42 days the car was SORNed and off road and 18 days driven whilst undergoing the oil tests)
He has totally ignored both oil consumption test results. The second one we carried out on Audi's advice to confirm the initial findings as it is such a significant issue requiring a total engine rebuild. All of these issues were present when we purchased the car.
Also in the defence papers they state he will not accept rejection of the vehicle as we have not provided any evidence that would allow such rejection.
Am I correct that we can now request all documents and videos they hold e.g 40 point pre-sales report, videos he took when he viewed the car at my house in November? He says that the car in unsaleable due to the 'filthy condition over and above what would be expected as normal wear and tear' The videos would show this to be untrue. He also admitted that he saw the smoke and heard the knocking but in his defence he states that he found no faults. It appears that there is no service history since 2018. (Audi check) We have a signed letter purportedly from the previous owners that services were carried out but they had no paperwork?? An e-mail to them requesting more information was ignored. Is there any way we can find out who the previous owners are?

[Pezza54]

On the small claims track the court controls the evidence.
You should receive a copy of the dealer's evidence (video etc) nearer the date for the final hearing

[Kayley]

Hi latest information. We have to attend a Preliminary Hearing next month to determine if expert witness evidence is required. I guess we can present the Audi Reports then. I cannot believe there are more 'experts' than the Audi Specialist Technicians!!

[Pezza54]

The preliminary hearing should be interesting
The dealer said he didn't accept/agree with Audi's report on the engine. He is probably going to want the judge to agree to a second specialist report

Please read "The use of expert evidence in small claims" at www.keoghs.co.uk

Did the defendant ask for the court's permission for an expert report in his Directions Questionnaire (N180)?

Usually the judge directs a joint expert report with a maximum cost of £750

[Kayley]

Thank you. I have read the above. Interesting. No, he did not ask for any expert evidence to be submitted, but we did. To come to any conclusion regarding oil use and to carry out tests the car must be driven for 600 miles or when the warning light comes on and he has had the car for five months and should have carried out any testing which he was demanding from us.. We think he will try and introduce the 'smell' inside the car and carrying our dog, leaving hairs. I really cannot see that the condition of the car or due wear and tear (most caused by the delays he inflicted) can be a valid loss of the case when it is serious mechanical faults being the grounds we rejected in the first place.
This is getting nerve wracking and costly!!

[Pezza54]

Please read CPR 35.4 (3A)
Only one expert report in the small claims track
Write down a few reasons that justify the selection of your expert (specialist Audi garage) such as familiarity with the make and model and the vehicle's known faults and weaknesses

[Kayley]

Hi just attended the Preliminary Hearing to decide if further expert evidence is required and am totally confused. Told I haven't pled the case properly and have come to the conclusion that despite all the Audi reports and costings and the statement that the oil usage is above tolerance they haven't actually said what is wrong/broken within the engine (it's 'had it??? Or words to that effect) Now I have to find an expert to inspect the car at my expense (how the heck can he drive it for a consumption test or take the engine apart to see how worn/broken parts are) who we both agree on and return for another hearing. Trial date set for next March. Judge recommended mediation and we told him we had already undergone this. Agreed to try and negotiate a settlement outside the court but defendant having none of it. He doesn't believe the level above tolerance is unacceptable (like saying an exam pass it 60. You score 59 but thats O.K!!)
So we need to find an expert to inspect the vehicle.

[echat11]

Hi just attended the Preliminary Hearing to decide if further expert evidence is required and am totally confused. Told I haven't pled the case properly and have come to the conclusion that despite all the Audi reports and costings and the statement that the oil usage is above tolerance they haven't actually said what is wrong/broken within the engine (it's 'had it??? Or words to that effect) Now I have to find an expert to inspect the car at my expense (how the heck can he drive it for a consumption test or take the engine apart to see how worn/broken parts are) who we both agree on and return for another hearing. Trial date set for next March. Judge recommended mediation and we told him we had already undergone this. Agreed to try and negotiate a settlement outside the court but defendant having none of it. He doesn't believe the level above tolerance is unacceptable (like saying an exam pass it 60. You score 59 but thats O.K!!)
So we need to find an expert to inspect the vehicle.

https://www.jspubs.com/search/index.htm

[Kayley]

Hi have found the expert witness. (given the defendant the choice of two as instructed by the Judge) However the defendant is not responding to my request to reach to agree which assessor to retain. We were given six weeks to hand in the report and evidence. We do have four weeks left but I have no idea who to contact or what I can do if he fails to respond nor what the likely outcome would be if I fail to get the experts Part 35 report in in time. I thought going through small claims would be relatively simple. It is NOT. Very stressful and quite costly!! It is now eleven months since buying the car and looks like it will be March before we have any result. If we get another Judge who has not actually read the case I have no chance. I have contacted the Court to ask for clarification and proper instructions to no avail. What next please???

[echat11]

Hi have found the expert witness. (given the defendant the choice of two as instructed by the Judge) However the defendant is not responding to my request to reach to agree which assessor to retain. We were given six weeks to hand in the report and evidence. We do have four weeks left but I have no idea who to contact or what I can do if he fails to respond nor what the likely outcome would be if I fail to get the experts Part 35 report in in time. I thought going through small claims would be relatively simple. It is NOT. Very stressful and quite costly!! It is now eleven months since buying the car and looks like it will be March before we have any result. If we get another Judge who has not actually read the case I have no chance. I have contacted the Court to ask for clarification and proper instructions to no avail. What next please???

How have you contacted the Defendant?

How have you contacted the Court?

[Kayley]

Last Saturday the defendant hand delivered his documents to my house (he inspected and videoed the vehicle here last November to check the condition so knows where I live) and said he had an offer in mind. Wouldn't disclose what that was insisting we read through his evidence and we spoke again on Wednesday. I did as he requested but nothing in his evidence was enough for me to stop the case and I could disprove. So, I messaged him on Wednesday telling him this and if he was serious about making me an offer then he should do so for my consideration. Told him the lowest figure I would accept (cost of the car and Warranty which he received a refund and still has kept and half the Court cost) A generous offer? And the details and choice of two assessors. Many of the assessors I contacted wanted a Court Order number, which of course I don't have. I have NOT heard anything from him but I have given him until Monday. I don't think he will respond so what happens then as it seems the Courts take so long to respond. I think I will get a 'we cannot give Legal Advice ' back from the Court.
I contacted the court the day after the hearing 21st July asking for information and they directed my query to Kingston where the hearing took place. Nothing from them. Then on 30th July I contacted them again from the Website. Perhaps there is another form that I should fill out!!

[echat11]

Well you are 'jumping the gun', it's not Monday yet.
If you want to create a 'paper trail', it's best to do keep all communications in writing.
Both parties agreeing to selecting 'one assessor', that's in a Court Order, is that correct?
That is something the Defendant has to do, you need that from them in writing, if they
don't do it then you need to inform the Court. It's pointless writing to the Court, when
you've given them until Monday.

[Kayley]

Yes, sorry not made this clear. Only contacted the court because we need to see exactly what the Judge has ordered and to answer a couple of our queries. E.g he said we were to hand in the Report and evidence by hand within the timescale he gave us of 6 weeks. (already two down) O.K but does this mean ALL the evidence we have in the folders, a copy to the Defendant as I have found out is required, or nearer the trial date (Judge called it this! Scary already) He went on so fast and really didn't give us a chance to take in what he was saying then virtually kicked us out saying he had other cases. We do not want to fall foul by not following timing or instructions. We do not have a Court Order number and this was something a couple of assessors wanted. Nor were we told what the outcome will be on the basis of the Report. Do we win if the report upholds our case then and judgement lodged?? Or will it drag on to the trial next March?