Dodgy Car Dealer

[echat11]

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?

a) 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)

You should have received the Court Order in the post telling you what the Judge has ordered / instructed both parties to do by a given date.
If you haven't received a copy, then you should ask them to email / send you a copy.

b) 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.

Again as above what the Judge has ordered / instructed both parties to do by a given date.

c) 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.

As above.

d) 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?

The Judge / Court wants the Report / information, to see how the case can be moved on. I can't tell you how he / she will decide to do that.

[MaryS57]

Like you, we had a Preliminary Hearing on the small claims track (19th Aug 2024) but the written Court Order took 6 weeks to be typed up and sent out to us (typed up on 1st Oct 2024). This was despite the fact that the Judge had ordered that the Defendant only had 4 weeks to ask questions of the expert, regarding our CPR-35 -compliant Expert Report.

Importantly, when our Court Order document finally arrived the Defendant's time to ask questions was extended to 29th Oct 2024 - so the Defendant had a full 4 weeks to act once the Order was received.

So you too may be given an extension of time to account for your court's delay... but obviously I do not know for sure.


Your court case (Claim) number ought to have been on the Defence & Defendant's direction's questionnaire, near the top.

[Kayley]

Hi this just gets better and better. Have received a message from the defendant telling us he has ceased trading. He has given us three options - a settlement nearly 2K under the purchase price and no court costs - take the car back and he would pay 1K - or he tries to sell the car (for 8 weeks) but if he doesn't sell we have to take the car back. None of these are really appealing but should we cut our losses?
How would our case stand if we continue under the circumstances.

[MaryS57]

Our dodgy dealer also said they were closing the company down (ahead of the court trial) and made an extremely low -ball offer, with no court fees, and huge pressure etc telling us they had "no money in the bank" and if we refused we would get nothing at all. These low-lifes were lying! We won, they paid up and they are still trading!

So it's good to be circumspect and check everything for yourself.

I hope your case works out well for you.

[des8]

Is the defendant a limited company or a sole trader?

[atticus]

Can you check whether your defendant has genuinely ceased trading?

[Kayley]

Well thanks for the replies.
He is a sole trader and it is posted on the Website that he has ceased trading and the website will be shut down in the next couple of days.
I have now received the Court Order and our instruction are that we must serve on the defendant an amended Particulars of Claim (confused - Is the Claim Form signed with a Statement of Truth the P of Cs ??) which make it clear what is alleged wrong with the (internal parts failure leading to excessive oil consumption requiring an engine rebuild? ) vehicle and why we contend that he has committed breaches of contract. Not as described as problem free when he sold it to us and not of satisfactory quality? We rejected the vehicle at 21 days under the CRA. Did we do something wrong?

[Kayley]

I simply cannot find which form to use to make the amendments as requested by the court. Waited 25 minutes on the phone to the contact number. Spoke to someone and then got cut off!!
I am writing a statement which I hope will suffice and I can note all the issues etc. but a bit lost as to how I prove he is in breach of contract. Any advice gratefully received please.

[echat11]

I simply cannot find which form to use to make the amendments as requested by the court. Waited 25 minutes on the phone to the contact number. Spoke to someone and then got cut off!!
I am writing a statement which I hope will suffice and I can note all the issues etc. but a bit lost as to how I prove he is in breach of contract. Any advice gratefully received please.

It's form n244, fee I believe is £100.

The following states how the PoC should be set out - https://hallellis.co.uk/statement-ca...iculars-claim/

You are making your claim under the Consumer Rights Act 2015.

[Kayley]

A big thank you to everyone who has been such a great help.
I am just writing the amended PoC and as the Courts are not replying to 3 messages I sent asking for clarification and bearing in mind I only have to the 1st September to comply, then I am just relying on a statement.
BUT having trawled through all the paperwork again the Contract we signed at point of sale includes certain Ts and Cs from the Warranty Company and states that we are bound by these Terms but they give me additional protection over and above the CRA.
BUT as I have said the dealer without my knowledge or consent cancelled this warranty and received a full refund which he has kept.
Would this constitute another breach of contract? Or indeed make the contract null and void. Would we then get the money back without having to continue to Court?

[echat11]

A big thank you to everyone who has been such a great help.
I am just writing the amended PoC and as the Courts are not replying to 3 messages I sent asking for clarification and bearing in mind I only have to the 1st September to comply, then I am just relying on a statement.
BUT having trawled through all the paperwork again the Contract we signed at point of sale includes certain Ts and Cs from the Warranty Company and states that we are bound by these Terms but they give me additional protection over and above the CRA.
BUT as I have said the dealer without my knowledge or consent cancelled this warranty and received a full refund which he has kept.
Would this constitute another breach of contract? Or indeed make the contract null and void. Would we then get the money back without having to continue to Court?

You need to include it in your PoC, that the warranty was cancelled by the dealer and the warranty wasn't refunded under the Consumer Rights Act 2015.
That the dealer has been refunded by the warranty company.

[des8]

as this is a sole trader you are pursuing, have you checked he has the assets with which to pay you when you win your court case?

[Kayley]

Hi he still has two cars on his books and of course he has the Audi. Have found and spoken with our agreed SJE and just about to send the amended PoC to the Court and apparently the assesore want a copy as well. Will keep everyone posted on progress. (already grey, just going greyer!!)

[Kayley]

Well, as predicted the Defended has been putting obstacles in our way since the hearing to retain an assessor. Finally got him to agree on one very experienced and professional person but then he tried to change his mind. Then he disputed who pays for the assessor. Despite him ceasing to trade he is using a Law Company who supposedly represents garages/dealers and not individuals and they are being really difficult. They nit picked about the wording on the actual Court Order telling me I needed to make some corrections. Told them if they wanted changes to the Order go back to the court!
I have until the 1st September to submit the Part 35 report and the Defendant/solicitor STILL will not sign the Instruction Letter. IF he signs we are then invoiced for half the costs and given seven days to pay. No problem for me but the defendant won't pay up (if he does at all ) until the last minute which will leave one working day to compose and send the report to court.
Should I contact the Court again now and tell them what the situation is? If he doesn't allow or blocks the assessment and my time elapses do I get Judgement or what might happen?

[echat11]

Well, as predicted the Defended has been putting obstacles in our way since the hearing to retain an assessor. Finally got him to agree on one very experienced and professional person but then he tried to change his mind. Then he disputed who pays for the assessor. Despite him ceasing to trade he is using a Law Company who supposedly represents garages/dealers and not individuals and they are being really difficult. They nit picked about the wording on the actual Court Order telling me I needed to make some corrections. Told them if they wanted changes to the Order go back to the court!
I have until the 1st September to submit the Part 35 report and the Defendant/solicitor STILL will not sign the Instruction Letter. IF he signs we are then invoiced for half the costs and given seven days to pay. No problem for me but the defendant won't pay up (if he does at all ) until the last minute which will leave one working day to compose and send the report to court.
Should I contact the Court again now and tell them what the situation is? If he doesn't allow or blocks the assessment and my time elapses do I get Judgement or what might happen?

You need to email it, in the subject line mark it URGENT, for the attention of Judge XXXXXX, with case number, XXXXXXX v XXXXXXX, Fill in an Application Notice N244 (you might have to pay a fee), explain the situation, that the Defendant isn't playing 'ball', is trying to run down the clock, delaying matters, is being uncooperative and this is totally against the CPR protocols that parties should cooperate with each other and that in the absence of cooperation from the Defendant you seek a Default Judgement.

Add that in the alternative, if the Court could ask the Defendant to fully cooperate and extend the 1st September deadline by 28 days for both parties under CPR Rules.