Urgent Advice Needed Please !!!

[concierge]

After spending £21,000 on a used Limousine I found myself taking the company to the small claims court. (Sale of Goods Act, mis described mileage on advert, MOT issued by owners Husband although the vehicle clearly would fail under normal circumstances etc etc etc .... the list goes on !

 

Procedures were followed to the letter and all evidence supplied as requierd to the Court and

the defendent within the required time shedule.

 

On the day of the court hearing the defendent never arrived at court and the judgement was awarded by default.

 

The defendent then applied for the judgement to be put aside on the grounds that she never received notice of the court date (Although she received every other letter including the one from the court to say she had lost the case and ordered to pay within 14 days)

 

She also denied receiving the evidence I submitted, although it was sent to both the Court/Judge by the same system and was receieved by the Judge ( It was on the desk during the judgement )

 

A second judge gave her the benifit of the doubt and set the judgement aside .....

 

I have now stared a fresh claim against the defendent ...

 

Today I received a rather informal email ... no logos no legal disclamers etc etc on the email asking for my consent to have the case put back on the grounds that one of the directors needs an operation on the same day as the court hearing 24th August.

 

Hi Colin

 

We are now instructed to act on behalf of XXXXX Car Sales in this Claim. The hearing is due to be listed at the end of August. Unfortunately one of the Directors of XXXXX car sales S. XXXXX needs an urgent operation on the day of the hearing. Consequently his wife the other director will be with him in hospital. The date of the operation was fixed yesterday and is urgent.

 

We seek to get consent that the matter be put back to a later date. The case can’t be heard without Mr or Mrs XXXXXX been in attendance. Medical Evidence can be provided to show the clash.

 

Should we get your approval I will draft and forward the consent order. In turn I will forward this to the Court.

 

Kind Regards

 

XXXXXXX Solicitors

 

I telephoned the Legal practice to confirm the identity of the Solicitor, which was true, and complained about the rather "Familiar" style letter from the guy in question ... Never heard from the Solicitor before today and he tiltles his letter ... "Dear Colin" ..... Ending with "Regards" very strange ???

 

I emailed back in a rather more formal manner stating the court date, court address and case number.

 

I have informed him that I do not give consent to the postponement of the case and he will have to apply to the county court for the judge to decide on the matter ...

 

 

 

 

RE Small Claims Hearing Number XXXXXXXXX, 24th August 2011, XXXXXX County Court between XXXXX XXXXX Claimant and XXXXXXXXXXXX Ltd.

 

 

 

Good Afternoon Mr XXXXXX,

 

Thank you for your email, of which the contents have been duly noted.

 

In reply to your request, I'm am not prepared to give consent or approval to have the court case put back for the reason you and your clients have requested.

 

On the advice I have been given, I am not of the opinion that this matter needs the involvement of both directors as to date the involvement

of Mr ....has been minimal to say the least.

 

On that basis I'm afraid that you must apply to the court or Judge in question for them to decide by way of your formal request to them

to have the case adjourned till a later date.

 

Although I sympathize with your clients, I belive that enough time and money has been wasted to date to get a satisfactory conclusion to this claim.

 

Should your client wish to submit an offer of settlement of the claim prior to the court hearing, then I will of course consider this.

 

I look forward to your early reply.

 

Kind Regards,

 

XXXXX XXXXX

Claimant

 

I have now received the same style of email ... Dear etc etc

 

I will inform the court of your refusal to consent to the request. Further please conform to the part 18 request to avoid an application of sanctions against yourself.

Terry

 

What does this Part 18 mean ????

 

and what does he mean by Conform to avoid sanctions against myself ??????

 

I have tried to reserch it but just doesnt seem relevent to my claim and request ???

 

Please help !!!!!!

[maroondevo52]

Hello and Welcome, concierge.

 

I've moved this thread to our Legal Issues Forum, I'll pm you a 'link'.

 

Regards.

 

Scott.