Derby Car Centre Ltd/Pride Park - Vehicle Not Fit For Purpose***Judgment/paid in Full***

[Laura Cooke]

Ok we do that send witness statement before the hearing understand what you are saying thanks Andy interestingly Trading Standards have just rang me they said they cannot go into too much detail but the are investigating the behaviour of the director towards customers as they believe he as breached his court order which carries a 2 year prison sentence they said many witnesses have come forward and there is a pattern to everyone's case.

 

I appreciate your advice and help Andy and sorry to question everything but when your up against an unscrupulous man like this I need to get it right, Trading Standards said they cannot see a Judge willing to rule in his favour I sincerely hope not

[AndyOrch]

Absolutely question everything...I would do the same...but I can only stand on my reputation/post count since 2007 and success achieved over the years advising posters on CAG:-)

[Laura Cooke]

I have never gone wrong yet accepting advice from CAG they are second to none in my book and their members so informative and helpful thanks Andy would it help to include a copy of this court order in my witness statement?

[AndyOrch]

You refer and attach anything and everything since Defult judgment...the first set a side failure......the Writ and reciept of payment etc...costs...etc..and dont forget to conclude with a further request for costs for this fresh hearing.

[Laura Cooke]

Thanks Andy will do thanks for being there and other admin and members he isn`t half reassuring it overwhelms me this court thing but I am sure with the help I get here I will get there

[AndyOrch]

Post up your intended draft before submitting Laura and I will give it the once over.

[Laura Cooke]

Thanks andy

[Laura Cooke]

Been reading up on the Litigation in Person feel my relative will be at an unfair advantage as he now as a solicitor for the next hearing who is allowed to speak whereas McKenzie Person is not allowed to speak.

 

It also says on the Litigation in Person site witness statement as to be done in a correct way how do I match the professional one done at a solicitors office how can we fight against a solicitor? yet we could not really afford one of our own.

 

When do you send copies of this witness statement and who to? the Defendant or their Solicitor.

[Ganymede]

Send the statement to the solicitor if they are now acting for the Defendant. Send a copy to the Court too. The Court Order will tell you when to do it.

 

There are plenty of examples online for the format of the witness statement. It needs a Court heading and numbered paragraphs etc but most importantly to be signed with a Statement of Truth.

[AndyOrch]

Been reading up on the Litigation in Person feel my relative will be at an unfair advantage as he now as a solicitor for the next hearing who is allowed to speak whereas McKenzie Person is not allowed to speak.

 

It also says on the Litigation in Person site witness statement as to be done in a correct way how do I match the professional one done at a solicitors office how can we fight against a solicitor? yet we could not really afford one of our own.

 

When do you send copies of this witness statement and who to? the Defendant or their Solicitor.

 

You really need to stop looking at these sites Laura...it really is simple to overcome this.

 

Andy

[Laura Cooke]

Andy

 

I am on the understanding that things have to be done a certain way the judge said this at last hearing.

 

I am keen to get it right so reading everything I can not one person as ever told me if you are allowed to address the court on bealf of the applicant I would be mortified to do so to be told I have no rights to as my relative would then be at the mercy of the judge and would not have a clue what to say.

 

Only things I am sure about his any witness statement I do as to be sent to the defendants solicitor at least 7 days beofre the hearing and a copy to the court.

[AndyOrch]

Have you not already been to a hearing with this case?

[Laura Cooke]

Yes went to hearing one of the defendants did not turn up other was refused an audience with the court and refused leave to appeal then the witness who filed to show as been to a solicitor and put another application in to request relief from sanctions and to get the judgement overturned on grounds I should not have named one of the defendants as they are a sole director of a Ltd company. So he as got a solicitor this time and this time he will have to attend and I am to put a witness statement in if I object to this hearing

[AndyOrch]

Yes Laura I know all the history ..I have been advising you

 

So you know the setting...I assume you spoke at the last hearing ? Set a side hearings are simply that to decide if the judgment should be set a side...its not a trial ...will last 30 mins tops...he will read your WS and the applicants WS then come to a decision ...he may grunt a few time in between this process...but will only address the Claimant...you can support/sit with the claimant...even whisper information and prompt...depends how much of a stickler the DJ presiding is.

 

So a good WS is key and you should have no problem.

[Laura Cooke]

No never spoke at the last hearing as Judge did not want to speak to the applicant he just wanted to speak to the one of the defendants to tell them they had no right of audience and that the other defendant should have been there as he made the application.

 

I have good evidence and all put in order it is setting it out that I worry about. Nice to have a copy of the court order from Trading Standards which runs till the end of this year which states one of the defendants will be in contempt of court if they do not abide by the order, I am told this as been breached with how my relative as been treated for the last 14 months so they going to have him back in court which can carry a 2 year prison sentence.

[AndyOrch]

Well to be honest the criminal aspects will not be taken into account, this is a civil matter...this is about your claim and them not paying...black and white to a judge.

 

Any news on the payments...Judgment and costs?

[Laura Cooke]

High Court Enforcement were sending payment today for the judgement in November. Still not rang the courts to see if defendant paid court costs for last hearing this month Judge awarded us costs for attending knowing this defendant he will have ignored the court order to pay these costs to us

[Laura Cooke]

Update went back to court Director of the company sent legal representation and true to form he did not attend, as I understand it from witness statements I have he never shows at court, I assume he will do when he as to appear for breaching his court order by Trading Standards.

 

Director of company his solicitor asked if we wouldn`t mind claryfying a couple of points in a private room was left speechless the solicitor started with "The Director did not agree to you placing vehicle in storage he wants you to reimburse someof this back to him, he also wants you to agree to a gagging order not to speak on social media about him etc, he also wants you to afree to remove Judgment from him and from the company"

 

I pointed out just in case the solicitor as confused that it was us that won the case not the other way round and that monies had been paid back out, the solicitor said that the Judge would not be able to remove one Judgement without the other and I said I could not see why not the solicitor then said that all monies would have to be paid back into court and that a tiral would take place which would be costly to us, we said we would take our chances with the Judge as all we was aware that would happen would be that the Director would have his Judgement removed.

 

The Judge was not happy with the solicitor and said all monies had been paid and asked what it was that the soliciotrs expected, the Judge removed Judgement off the Director and wrote out the order to cover all loop holes to prevent him wasting our time again in court, again was awarded costs but he never paid them from the last appearance.

 

Was advised to send a copy of log book for the vehicle to the defendants solicitors and to send log book to dvla which we did and today received notification vehicle is no longer ours.

 

On our return home a schedule of costs had been sent us from defendants solicitors which read "Costs before the hearing tomorrow" could not understand it and over £4,000 let trading standards know they were most annoyed and said they strongly advised us to make an official complaint about this to SRA they said in their opinion these solicitors had over stepped the mark we had won the case not lost it and this would be frowned upon sending us the costs.

 

So this whole sorry saga must have cost the Director of the company in excess of £10,000 when all we wanted was a refund for the vehicle of £2995 what was paid for the vehicle. The Judge said he must enjoy wasting money. I did not need permission of the court to act as Mckenzie friend and was allowed to speak freely.

 

The sheer arrogance of the Director who was determined to carry on with his vindictiveness has cost him & his company 3 times more than it would have done had he engaged with his customer instead of going to great lengths to avoid the issue, as I said to his solicitor if he dealt with his customers instead of ignoring them and had he attempted to correctly defend in court instead of sending someone to respresent him at the set aside hearing who had no right of audience then he probably would not be where hese ended up with this case, having said that the Judge in the set aside hearing said an appeal was refused on the grounds it had little or no chance of success.

 

This case will feature soon on tv I assume but of course it will now only feature the company and not the Director as our contract was with the company.

[AndyOrch]

I wasn't aware that this was back in court Laura...still it sounds all is resolved now.

 

Regards

 

Andy

[Laura Cooke]

Thought you knew Andy it was going back as the Director put an application in after the set aside hearing was struck out he wanted an immediate stay on the execution of the warrant a Judge refused this and anyway High Court Sheriffs had already executed the warrant.

 

And he wanted relief from sanctions.

 

You told me to sort out a witness statement which I did and sent it to the court and defendants solicitor. I was going to let you look over it which you asked me to do but just sent it in the end.

 

Thanks for the support.

[Guest]

well done laura

let us know when it is on tv

[Laura Cooke]

Will do not had the date yet it is this month BBC 1

[snowdragon]

any update on when this is going to be on? time they were closed down,

[Laura Cooke]

It was on last month and I am told Trading Standards have applied to take the director back to court for breaching his court order and they are requesting that the place is shut down

[Conniff]

There is a big problem with the way businesses are controlled in the UK. They can shut him down if they wish, all he has to do, and probably will, is to put the business in the name of a relative and they become the 'named' director

but he carries on running the business.

It's a win win for businesses in this country.