No response from the dealer at all.

[GuidoT]

If there is a hearing, you must attend as it will greatly improve prospects of success.

[shedder101]

unfortunately cant make that date due to a hospital appointment that is why i sent all the evidence to the court

[GuidoT]

In the circumstances change the appointment or failing that advise that court that you would request it to be adjourned, include evidence of your appointment details.

 

I know that sounds unsympathetic, but I cannot emphasise how important it is to attend a court hearing.

[shedder101]

i have telephoned the court and talked to them to clarify,

 

the dealer is requesting the set aside of the judgement in order to defend it, as he claims both letters sent to the court didn't arrive.

 

they told me he has to prove his position to get a set aside there is no need for me to attend the 15 min hearing, if he can prove postage he would get the set aside to defend but he has to prove it and looking at his track record he didnt send them and is trying it on

 

my objection has been noted as well as the evidence put on file

 

so i am not going to court this time, i will save myself for the defence against the credit card co.

[roythegrass]

Apologies sheddar101 for a slight hijack of this thread but it’s relevant and very similar to a case I am pursuing at the moment with a used car dealer.

On 30th October dw190 referred to recoverable costs for a litigant in person. Are these costs now recoverable in Small Claims and does the hourly rate cover preparation time in addition to the fixed rate for attending the hearing ?

On the matter of attending the setaside hearing I would concur with those encouraging you to attend. From my own experience when a defendant asked for setaside I attended that hearing and it was a good job I did as the full case was heard not just the reasons why the defendant didn't appear at the first hearing. That may have been because I was in attendance, I'll never know.

Edited November 20, 2012 by roythegrass

[shedder101]

Hi roythegrass

 

sorry to say i dont know about cost,i am sure dw190 will be able to confirm them, all i have done at the moment is list the time i have spent and i will be presenting it at the defence so i will see then.

 

as for the set aside i have been assured that it is for him to prove he sent the documents he says he did, unless he has proof of postage i dont know what proof he has to offer his total defence just says he sent it and it was returned to him. The case hasnt been herd yet in defence terms with the CCco the dealer hasnt missed a hearing he just didnt reply to the original court summons or offer a defence so i request judgement and got it, this is what made him jump and he is doing anything to say he did send in the paperwork.

[shedder101]

update

 

the dealer got the set aside to offer up a defence, the paperwork came through today.

 

all filled in and as per the notes, i have offered them an offer amount to settle the claim, copies sent to dealer CC and court.

 

i think it should show i am willing to get things finalised

[raydetinu]

good luck

[shedder101]

my circumstances have changed and i have been refunded for half the tax, so being fair i have made them the offer with that off.

 

however i did stipulate that the offer was only up to the day of the hearing, and i have listed my costs that will be added should it go to court.

[sailor sam]

What about your court fees?

[shedder101]

They were also added to the costs, and to be honest I just want to get it over with, not looking forward to the court

[sailor sam]

Obviously it's your call but I certainly wouldn't be happy about ending up out of pocket after the way the dealer has behaved.

[shedder101]

Obviously it's your call but I certainly wouldn't be happy about ending up out of pocket after the way the dealer has behaved.

 

 

Thanks, but I won't be out of pocket just my time won't be covered. I will have to wait and see if they accept it anyway

[shedder101]

update

 

i have received the court date today for early march. have to send £80 pluss all the paperwork i am going to use on the day toall parties.

 

does that mean they have to send me the same?

 

still nothing from the dealer or cc co but this might jar them into doing something

[sailor sam]

You have to 'serve' all your paperwork (statements etc) to all the party(s). You should do this by recorded delivery. They should serve you with any defense statements which they will be relying on. Just make sure your house is in order, don't worry about the other party(s).

[shedder101]

i have put together all the letters sent to both parties, the original advert showing the car, quotes and invoices, costs incurred and claimed, mot showing no advisories, proof of postage

 

that apart from the court papers is all i have so i hope that will do

[sailor sam]

DO NOT send any original papers... send copies!

[shedder101]

yes have done all the copying today for court and 2 defendants

[shedder101]

Update

 

today i received from the defendant what he intends to use in his defence at court

 

3 pictures of the front of the car showing a tax disc,to expire 06/12 no date of pictures or time shown

a copy of the only letter he sent me

a copy of my letter objecting to the set aside

 

that is it.

 

now tell me if i am wrong, i suppose a picture says a thousand words but all it says to me is when he took the picture when the tax disc said what it did, that could be just after it had been taxed to whenever

 

seems a bit lame

[sailor sam]

The picture will be meaningless unless it can be proven when it was taken. Even then, they need to explain why it was advertised with 12 months tax when clearly it wasn't.

[shedder101]

exactly what i thought,

 

by the looks of the information he sent and the letter, it looks like he isn't defending the brakes issue just the road tax

[shedder101]

just a quick question

 

with one week to go to the court date i am yet to receive any defence paper work from the CC co, if i dont receive any can they still come to court ?

[raydetinu]

yes, and can submit paperwork on the day, however judge may or may no accept, and shouold give you time to look at as well.

[shedder101]

Update

 

I have been to court today and to just say it was successful, well 50% was.

 

The road tax, failed. It doesn’t look like it maters what the advert says if the dealer says he told you about it. Even though he didn’t but they believed him

 

Brakes, won out right with court costs and mileage plus interest @2%

 

The credit card company sent a representative a nice woman who talked how they were there as neutral but defo put the boot in about the road tax, but they weren’t awarded there costs I think that ****ed her off a bit.

As for other costs, I cannot get postage costs or for having to go to court or the time I have spent researching everything.

 

Thanks for all your advice I hope other people who read this don’t hesitate to sue bad dealers.

[Chubbylover78]

Hello, I'm having issues with Jason Atterbury cars too regarding an MOT. do you remember where the car you purchased was MOTd? if you do it may help me in my case.

many thanks