SOGA how much is the chance to win a court case

[aradam]

Thanks Sam

 

I did the case against the company, there are two adresses, his home address where i bought the car and the main company address, the person I bought the car from seems to be the main person of the company, I get payed the 23d maybe I can delay till then it seems a very good idea to go for a an oral examination hearing.

[sailor sam]

Nationwide are known for quoting over and above every one else. I strongly recommend that you get another mechnic to look at it and give a quote. Don't mention the Nationwide quote.

 

I see little point in this as the seller has ignored the OP and as such the matter has now gone to court.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[sailor sam]

Thanks Sam

 

I did the case against the company, there are two adresses, his home address where i bought the car and the main company address, the person I bought the car from seems to be the main person of the company, I get payed the 23d maybe I can delay till then it seems a very good idea to go for a an oral examination hearing.

 

One thing I forget to ask, has the case been transfered to yor local court?

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[aradam]

Thanks Server01

 

My engine is gone, the case is that I need a new engine, Nation Wide gave me a technical report because the AA brought me there.

My preference is to get my money forn the car back.

placing a reconditioned engine would come at least to £2000 when I buy the engine and let my local garage place the engine and that is via ebay, if I go to a decent company that recondtions engins it would probably way more.

I towed the car home and since that time there is a big pudle off oil underneath the car, so that is a gonner.

It's mainly the techical report that is important for me, if they need to rebuilt the engine and place a new turbo, intercooler and injectors it's not hard to come to £3400, and I don't have the money for another inspection at the moment.

[aradam]

Sam,

 

They haven't changed the court, everything has been done online and the case was issued the 26/07/2010

[aradam]

Sorry for misspelling your name Surfer01, I was typing and bussy with the kids all at once

[sailor sam]

Sam,

 

They haven't changed the court, everything has been done online and the case was issued the 26/07/2010

 

Mmm, not sure that judgement is due yet. You need to contact the help line for an update and ask them about getting the case transfered to your local court. It's there you will need to submit all docs to.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[aradam]

Hi Sam,

 

The dealer is based in Northampton and I live in Milton Keynes.

The claim was issued 26/07/2010, so the dealer has the time to respond from 31/07/2010 till 14/07/2010.

I have the feeling that he won't react, he still has till Saturday though.

I am completely new to all of this, and I just got on top of my financial situation after the credit crunch, but this is what I understand.

Missing that car makes everything worse, the quicker this is all over the better it is.

If it was up to me I would request judgement the minute the deadline is gone, I will inform what an oral examination hearing will cost me, and if I can afford it wait till 23/08/2010 before acting, everything depends on, if the dealer reacts or not.

[sailor sam]

Yes you are correct. It is deemed as served on 31st July if you issued on the 26th. He then has 14 days to respond or you can apply for judgement by default on or after the 14th August. I would wait until the 15th personally. Following this, you can then issue a warrant of execution. This should be aimed at his business address. Experience shows that defendants sometimes wait until then and then ask for 'judgement to be set aside' giving all sorts of 'reasons'. It is then you can ask for the case to be transfered to your local court if you intend to apply for the Oral examiniation which will be heard there. I understand that the court fee is £40 which gets added to your claim. I can't really advise you whether or not to go down that route but i'm wondering if the defendant 'knows the system' and will try and say 'he cannot pay'. There is little point in issuing a warrant to send the bailffs in when there is nothing to recover. I suppose you could issue the warrant and see what happens and if necessary, go for the oral examination later.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[aradam]

Thank you Sam this is what I wanted to hear, I called the court helpdesk, but they kept saying wait till the 14th, I like to think one step ahead, so when I arrive at that step I can make a decision.

I really hope he has that amount of money, I can't imagine being without a car, I probably have to go job hunting soon.

I know he owns a house, and he still has at least 10 cars for sale.

If I hear anything I will let you know right away.

[aradam]

Typical, the dealer didn't reply to my knowledge and the court website is offline so I still am waiting, that seems to be the only thing we can do.

[sailor sam]

On Monday you can ask the court to enter judgment by default.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

 

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[aradam]

Tried to request judgement by default but this doesn't seem to work in the weekend I get the error: 1 You can only request Judgment by default if the required number of days have passed, altough it's the 15th now

[aradam]

Tried to request default judgment again, didn't work again, I called the court help desk and it seems they don't count the weekend I can request default judgment after 00:00 (Midnight) if I go on like this I will be driving again in a year.

[aradam]

:-xHow can this be I thought he had to reply before 14/08/2010

 

Autosource issued a defence on 16/08/2010

Your claim was transferred to MILTON KEYNES on 16/08/2010

Edited August 16, 2010 by aradam

[aradam]

:-x:-x:-x:-x I called the help desk, they stated that they officially had till the 14th to respond and she kept saying that I could have filed for default judgment per fax, I called the mcol help desk, unfortunately I don't have a law book in my head and I can't remember them telling me this..

They stated that because they are not open in the weekend the defendant can respond till the 16:00 the first working day.

If I would have known this I would have sent a fax Sunday, to my feeling this is not right, to late is to late especially in law.

Now I have to wait till they decide to sent me the papers and then I have to start all over again, no wonder victims of car dealer issues don't persevere with these court cases, it's not good for your health, you are already a victim, and now you are double a victim, you get cranky at home because of the stress this courses on top of the stress that you already have, my wife is gone to the shop with the taxi again and I can't blame her, but if we go on like this my whole family breaks down and we end up broke without a car and the possibility to buy one in the near future, if you have money you can buy another car and await the outcome of a court case, but it's always the little people that draw the short straw.

Edited August 17, 2010 by aradam

[Winnie Wotsit]

I know this wont help much. But the reason I decided to forego the legal route was because of the very problem you're having. Case's can be stalled out beyond belief, and if they are being processed under the fast track system, the limited costs you can get wont even match the true costs you have spent out. I've been in your position and the cost in stress and time of work was very high.

 

In my case it would have been both cheaper and less stressful to take a 4k loss on the car and sell it on then progress through the courts against a dealer whom I know would have used every stall tactic in the book.

 

 

I hope you win judgment, but more importantly, the defendant honors that judgment or you'll be back on the legal merry go round again.

[sailor sam]

You need to keep calm. You don't have to 'start all over again', just wat untill you see the defence and then come back and let us know what it is. These things happen all the time.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[aradam]

Hi Sam

 

I know I have to stay calm, I just feel that I could have filed for default judgment in time, so this is another delay.

I don't know what the defense is, they might have got a lawyer , I don't know if there are any loopholes.

I can't afford a lawyer so if it gets a full blown court case I don't stand a chance.

For me it's also that I have two disappointed kids on their 6 weeks holiday that couldn't go on Holiday and I can't go anywhere with them plus my wife is stuck in the house because she is disabled, my colleagues are starting to show a bit of irritation because they have to get up earlier to collect me from home, I can deal with the court case but it is the problems around it that make the situation quite stressful.

[sailor sam]

I totally understand how you feel. They are simply playing the system. They may indeed have a lawyer but they need to prove that they were right and you were wrong. The judge may consider the stresses this has caused and award accordingly. Lets see what their defense is and we can take it from there. There is little more you can do at this stage.

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[Conniff]

Basically, there is no defence.

You bought a car and 17 weeks later that car became faulty. You contacted the seller and they refused to comply with the Sale of Goods Act 1979(as amended) in that they would not repair the car and bring it back to it's advertised condition.

 

The seller does have some protection under the regulations in as much as he can repair, replace or refund.

 

Is your claim for the amount of the repairs or for the cost of the car as you have rejected it ?

 

Have you received a copy of the defence ?

 

Do you have the original advert or was the car chosen by visiting the lot ?

Edited August 18, 2010 by Conniff

[aradam]

Hi Conniff

 

The claim is for the cost of the car, as I rejected it. They filed the defence Monday, I haven't received a copy of the defence jet.

The car was advertised on Auto trader and on the dealer’s website when I contacted the dealer he made sure the car was at his house because it was closer for me to drive there than to the official company, he had a little office next to his house.

I have a copy of the car for sale on his internet site.

[Conniff]

I have just had a read and I would say that you have done everything possible to resolve this matter both amicably and cost effectively. His refusal to respond to any correspondence will go heavily against him. I cannot see how he can defend this at all.

 

He lodged his defence on Monday, if he did it by post, you should have received your copy at the same time. Give him until Friday and if you haven't received it, send him an email asking where your copy is. He must send a copy to 'all' parties, so include in your email that under CPR rules he must do that.

Edited August 18, 2010 by Conniff

[sailor sam]

Sorry Conniff, I disagree. As far as I know, the court will send him a copy. If the OP dosn't recieve his copy he should complain to the court first. It seems to me that he has got about as much chance of winning the lottery without buying a ticket than getting anything from this seller!

 

Please Note

 

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

I would always urge to seek professional advice for clarification prior to taking any action.

Please click my reputation button at the bottom of my profile window on the left if you found my advice useful.

[Conniff]

A court victory will be a good start towards getting recompense Sam. This seller has point blank refused to adhere to the soga and made no attempt whatsoever to abide by the regulations.

 

So why do you say that?