SOGA and being sued

[dx100uk]

why SOGA thats nothing to do with non trade sales

 

thread title neds changing.

 

dx

[glider3560]

why SOGA thats nothing to do with non trade sales

Section 13 (item must be as described) applies to all sales, not just trade. Section 14 (fit for purpose) only applies to trade sales. The buyer is claiming about SOGA in her particulars of claim.

[glider3560]

Just a quick update from me.

 

The defence was filed promptly. The Norhampton County Court issued an allocation questionnaire, which we returned immediately. We asked for the case to be transferred to our local county court.

 

It's now just a case of waiting for the court date to come through......

[Bang!]

Have you the report listing what they or theirs see as the problems with the bike yet?

[glider3560]

Have you the report listing what they or theirs see as the problems with the bike yet?

No, we don't. Are we entitled to see this now or only after the court hearing date has been provided?

[glider3560]

Finally been sent directions from the court. Don't have them with me, but this is a summary of what they said.

 

Can't remember the exact wording but we're having a 15 minute hearing in early August, followed by an "up to 1 hour" hearing in September. Both before a district judge.

 

Although it wasn't called as such, my understanding is that preliminary hearings are only used when:

1. Special directions are to be given

2. The case is to be struck out

3. Either the claimant has no claim or the defendant has no defence

 

The claimant must also pay a hearing fee of £25 by a certain date (around now). This means the buyer will have paid £50 in court fees.

 

In addition, we have to submit any evidence by late August. So we won't see the report until then (if she uses it).

 

I'm actually confused by the reasoning for having this first hearing, but hope it goes the way I'm imagining....

[glider3560]

The SOGA saga is still ongoing.

 

We had the first court hearing. It was just a session in front of a DJ to discuss a possible resolution. The claimant made no offer. We made an offer which was immediately refused.

 

The judge emphasised that it was up to the claimant to prove her case, not for us to disprove her case.

 

The actual hearing is now scheduled for late next month. We've now both exchanged witness statements and evidence. This included the "engineers report". This is basically a hand written quotation on headed paper. No price is given, just a comment about the potential cost. We have identified a number of issues with this which will be raised in court.

 

Additionally, the claimant sent a copy of her allocation questionnaire (originally sent to the court in May). It turns out she applied for permission to use an expert report. No mention of this has been given in the directions, so we can only assume this was disallowed. Additionally, she sent a two page letter to court suggesting why the case should be found in her favour. This was not sent to us and made a variety of accusations.

 

We believe that we now have a very solid defence, along with a few other very important details which I will not post publicly until after the hearing.