Dodgy Car Dealer

[Kayley]

Latest in this sorry saga. The advice from echat 11 is brilliant. Message from the dealers Legal Adviser on Wednesday was to tell us that he has told his client not to sign the Letter of Instruction nor would he be paying 50% of the assessors fees until he has clarification from the court. So, using the basis of echats message I have written to the Judge explaining the delays and issues I have had from the Defendant over the past five weeks and that I am not going to be able to comply with the Judges verbal order in time and asking for his guidance and further instruction. Waiting for a reply.
Just for info for others, to complete an N244 form is now £275. Going alone for an Expert Witness is £800. The 'victims' are penalised in these cases.

[Kayley]

Hi just another query!! I have amended and sent the Particulars of Claim and one of my points regarding breach of contract is the fact that he cancelled the warranty (without my knowledge or consent and kept the refund) 3 days after I first rejected the vehicle. I have been concentrating on this BUT several points in their Ts and Cs are from Warranty Wise and it states I am bound by these and they would give me further rights to the usual CRA. Does this not mean we no longer have a contract and therefore I could apply for the default judgement? I have not had any reply from the Court/Judge to any of my eMails.

[echat11]

Hi just another query!! I have amended and sent the Particulars of Claim and one of my points regarding breach of contract is the fact that he cancelled the warranty (without my knowledge or consent and kept the refund) 3 days after I first rejected the vehicle. I have been concentrating on this BUT several points in their Ts and Cs are from Warranty Wise and it states I am bound by these and they would give me further rights to the usual CRA. Does this not mean we no longer have a contract and therefore I could apply for the default judgement? I have not had any reply from the Court/Judge to any of my eMails.

All that is for your Witness Statement / Hearing if not resolved before then. If you've not heard from the Court call them, if it's local to you, then visit them.

[Kayley]

Hi just another query!! I have amended and sent the Particulars of Claim and one of my points regarding breach of contract is the fact that he cancelled the warranty (without my knowledge or consent and kept the refund) 3 days after I first rejected the vehicle. I have been concentrating on this BUT several points in their Ts and Cs are from Warranty Wise and it states I am bound by these and they would give me further rights to the usual CRA. Does this not mean we no longer have a contract and therefore I could apply for the default judgement? I have not had any reply from the Court/Judge to any of my eMails.

Hello, still no reply/advice from the court. Defendant suddenly decided to go with the SJE about two weeks ago but has been putting obstacles in the way the whole time. The court order gave me six weeks to retain the SJE and obtain his report. Now well past deadline. A separate court order has given us to October 31st to submit all the evidence and witness statements we will rely on in court. The Expert we found has informed me that due to heavy workload he will not be able to complete the work and report by that deadline and I should request an extension.
All of my evidence file is ready to go so do I take this to the court before the deadline and ask for an extension on the experts report or ask for an extension for ALL documentation?
Do I send a copy evidence file direct to the defendant or take both his and take the court copy to the court?
The defendant has changed his defence in the Letter of Instruction to the expert from that which he has submitted to the court. Can he do that?

[Kayley]

Hello, still no reply/advice from the court. Defendant suddenly decided to go with the SJE about two weeks ago but has been putting obstacles in the way the whole time. The court order gave me six weeks to retain the SJE and obtain his report. Now well past deadline. A separate court order has given us to October 31st to submit all the evidence and witness statements we will rely on in court. The Expert we found has informed me that due to heavy workload he will not be able to complete the work and report by that deadline and I should request an extension.
All of my evidence file is ready to go so do I take this to the court before the deadline and ask for an extension on the experts report or ask for an extension for ALL documentation?
Do I send a copy evidence file direct to the defendant or take both his and take the court copy to the court?

The defendant has changed his defence in the Letter of Instruction to the expert from that which he has submitted to the court. Can he do that?
The defendant has now written to the Expert Witness refusing to agree to retain him or pay half the fees and claiming I am denying him the right to include some questions in the letter. Totally untrue. I have copied word for word his questions and statements from the sample letter he wanted to submit to the expert.

I shall amend my witness statement to reflect this situation and explain the reason why I cannot comply with the Judges order and submit my evidence file to the court next week.

[echat11]

Hello, still no reply/advice from the court. Defendant suddenly decided to go with the SJE about two weeks ago but has been putting obstacles in the way the whole time. The court order gave me six weeks to retain the SJE and obtain his report. Now well past deadline. A separate court order has given us to October 31st to submit all the evidence and witness statements we will rely on in court. The Expert we found has informed me that due to heavy workload he will not be able to complete the work and report by that deadline and I should request an extension.
All of my evidence file is ready to go so do I take this to the court before the deadline and ask for an extension on the experts report or ask for an extension for ALL documentation?
Do I send a copy evidence file direct to the defendant or take both his and take the court copy to the court?

The defendant has changed his defence in the Letter of Instruction to the expert from that which he has submitted to the court. Can he do that?
The defendant has now written to the Expert Witness refusing to agree to retain him or pay half the fees and claiming I am denying him the right to include some questions in the letter. Totally untrue. I have copied word for word his questions and statements from the sample letter he wanted to submit to the expert.

I shall amend my witness statement to reflect this situation and explain the reason why I cannot comply with the Judges order and submit my evidence file to the court next week.

Would the Defendant agree to an extension?
The important thing here is to obtain the extension. I would write a 'brief summary' (include that the Defendant
isn't being co-operative), provide a complete time line of events. The Judge needs to fully understand your position.
When you visit the Court, explain that this is an 'urgent' matter. You may have to request an extension via N244 (pay a fee).

[Kayley]

At the end of October the defendant filed an N244 form requesting a Court Order to appoint a different SJE of their choosing changing their defence from the vehicle using slightly excessive oil which is to be expected from a vehicle of that age to 'I have put in too much oil and probably damaged the engine'. The defendant is paying the form fee but wanted me to still pay half the inspection fee. I immediately wrote an objection to the court but neither he (solicitor) nor I have heard anything back regarding any decision to his application.
I have now received an email sent to the Court from the defendant asking them for a reply to his application.
The original full hearing was 3rd March but I have a court letter delaying this to 24th March. Should I send another objection to the court as I still dispute that an inspection will or can make a decision on oil usage without running full diagnostics and consumption tests. The defendant has now had possession of the vehicle for over a year and we have no idea where or how this has been kept (in a field??) and do not believe that he can prove how the car was when we purchased it to its condition now. It has already cost me approx. £800 in court fees and I don't see why we should pay for the SJE. Help!!

[echat11]

At the end of October the defendant filed an N244 form requesting a Court Order to appoint a different SJE of their choosing changing their defence from the vehicle using slightly excessive oil which is to be expected from a vehicle of that age to 'I have put in too much oil and probably damaged the engine'. The defendant is paying the form fee but wanted me to still pay half the inspection fee. I immediately wrote an objection to the court but neither he (solicitor) nor I have heard anything back regarding any decision to his application.
I have now received an email sent to the Court from the defendant asking them for a reply to his application.
The original full hearing was 3rd March but I have a court letter delaying this to 24th March. Should I send another objection to the court as I still dispute that an inspection will or can make a decision on oil usage without running full diagnostics and consumption tests. The defendant has now had possession of the vehicle for over a year and we have no idea where or how this has been kept (in a field??) and do not believe that he can prove how the car was when we purchased it to its condition now. It has already cost me approx. £800 in court fees and I don't see why we should pay for the SJE. Help!!

You can do, but first call the Court to find out why you've not received a response to the following:

'The defendant is paying the form fee but wanted me to still pay half the inspection fee. I immediately wrote an objection to the court but neither he (solicitor) nor I have heard anything back regarding any decision to his application.'

In your Witness Statement you can show, that the Defendant has initially said one thing, but is know saying something else.

[Kayley]

You can do, but first call the Court to find out why you've not received a response to the following:

'The defendant is paying the form fee but wanted me to still pay half the inspection fee. I immediately wrote an objection to the court but neither he (solicitor) nor I have heard anything back regarding any decision to his application.'

In your Witness Statement you can show, that the Defendant has initially said one thing, but is know saying something else.

Update:- Court 'vacated' (cancelled. Why don't they use English we can immediately understand?) the hearing on 24th March. Meanwhile I have found that the car is being driven and up to mid January several hundred miles. I have asked the Defendant for a screenshot of the current mileage. I believe that although he is now the Registered Keeper technically I am still the owner so can I rightfully ask for the screenshot and for what purpose and where he has been driving the car? He has 'chased' the Court regarding the N244 application and I have lodged further objections and sent reports to the court in reply but I have heard nothing for the Court. If he gets permission to retain another expert some of the documents he will present has some very serious allegations (which he cannot possibly prove) made against me of a very personal matter which I have told him must be redacted under my right to privacy. Am I entitled to do that?

[echat11]

Update:- Court 'vacated' (cancelled. Why don't they use English we can immediately understand?) the hearing on 24th March. Meanwhile I have found that the car is being driven and up to mid January several hundred miles. I have asked the Defendant for a screenshot of the current mileage. I believe that although he is now the Registered Keeper technically I am still the owner so can I rightfully ask for the screenshot and for what purpose and where he has been driving the car? He has 'chased' the Court regarding the N244 application and I have lodged further objections and sent reports to the court in reply but I have heard nothing for the Court. If he gets permission to retain another expert some of the documents he will present has some very serious allegations (which he cannot possibly prove) made against me of a very personal matter which I have told him must be redacted under my right to privacy. Am I entitled to do that?

If you've written to the Court you need to chase so you get a response. Otherwise you might be thinking they are dealing with it, when they aren't.

Yes (very serious allegations), but more importantly, if irrelevant, in any case the Judge / Court will just ignore. You've told him, but at the moment you only believe he might include them.

[Kayley]

If you've written to the Court you need to chase so you get a response. Otherwise you might be thinking they are dealing with it, when they aren't.

Yes (very serious allegations), but more importantly, if irrelevant, in any case the Judge / Court will just ignore. You've told him, but at the moment you only believe he might include them.

Thankyou. As you say the allegations have nothing to do with how he sold me the car. Am I within my rights to question where and why he is racking up mileage though?