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MCOL court appearance fee missed payment - He brought a car from a used dealer. ***Resolved***

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I am helping an elderly relative (91) with a court claim. Wer are getting the witness statement ready as there are only 3 weeks until the court date.

 

He received a letter in december and should have paid his hearing fee in february. Its new to me, but I think the court will strike out the claim.

 

He is unsure if he paid it, if he has not what is the worst case?

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He brought a car from a used dealer. Car was a dud, repaired 4 times and multiple faults. The AA did a report which said it was unroad worthy.

 

Case was allocated to small claims track at local court, but I am worried that he has missed the payment.

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I think there is some allowance for LIP - Your best bet is to contact the court tomorrow... They will be able to inform you of the status etc...


 

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I think there is some allowance for LIP - Your best bet is to contact the court tomorrow... They will be able to inform you of the status etc...

 

Thanks for your advice, will post an update tomorrow.

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Dont forget if the fees have not been paid then you may be entiled ti fee reductions on line.


So whats cooking today ?

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To answer the question, I spoke to the court and they allowed me to make a payment for the fees.

 

If the defendant has contact the court before I did, they would have had no choice but to strike it out.

 

I paid the fees and sent a witness statement that arrived 15 days before the case.

 

Today we have received a defence (in the wrong format) which they claim to have sent previously. This could get interesting. :)

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Hello, all. Preparing for the big day (Friday). We have paid out court fees and sent witness statements recorded post to court and the defendant, it arrived 15 days before the court date.

 

The defendant has sent a witness statement, which arrived only 8 days before. Am I correct that this is too late?

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The Court Order (Notice of Allocation to Small Claims Track) will tell you when the witness statements needed to be filed and served. Usually for a small claim the evidence must be sent to the other party and the Court no later than 14 days before the hearing, so if that's the case, then yes 8 days is too late.

 

Do you suspect that he has used what's in your witness statement to prepare his own?

 

As you're at Court in less than a week it is unlikely that any correspondence you send to the Court at this stage will be considered before the hearing, but you could send the Court an email and ask for that to be placed on the Court file before the hearing (if you do send it, make a copy and ensure you take that to the hearing with you). Bear in mind if he's sent it late to you, he's probably also sent it late to Court.

 

You can flag the issue up to the Judge on the day of the hearing - the consequence of the late filing is, according to Civil Procedure Rule 32.10:

 

32.10 If a witness statement or a witness summary for use at trial is not served in respect of an intended witness within the time specified by the court, then the witness may not be called to give oral evidence unless the court gives permission.

 

If you think (and the Judge agrees) that he's used your witness statement to prepare his own, then his failure to comply with the Court order has given him a significant tactical advantage, and the Court could then strike out his witness evidence altogether.

 

The likelihood of that happening is low on a small claim, but it's worth a shot. Depends on the Judge you get. If you don't ask you won't get.

 

Good luck.

  • Confused 1

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We won!

 

tldr

 

It wasnt easy and most stressful.

 

First of all we arrived at 930 in good time for 10am and was told to wait in a side room. At 1015 we were told that the judge was running late and would need to wait until at least 11. Finally get into the room at bout 1110, us one side, judge in the middle and arthur daley on the other side.

 

I handed a copy of the email to the judge and explained that the defence statements were delivered late in an incorrect format and that 2 of the 3 witnesses were not present. The judge was very rude and said that we had not filed a statement and so had no choice but to file in favour of the defendant. I had a copy of proof of postage, copy of recorded delivery, the name and signature of the court admin person who had signed for the statement (15 days before) and a copy of the statement. The judge reluctantly accepted this, but even though the court had clearly lost my papers and I should not have been blamed for this.

 

The defendant was quite agressive, blamed europe for stupid laws and said that my great uncle was at fault for not allowing them to patch up the car.

 

Eventually the judge ruled in our favour and the defendant tuned his chair to have his back to the judge and muttered to himself.

 

The judge awarded us a full refund, costs (aa report, my wages) but refused to allow us compound interest. The reason for this is that we had not shared the AA report with the garage (as advised to the old chap by citizens advice).

 

I will come back later and do a more detailed guide as I would like to help others who have problems with a car. Much appreciation to all who have helped here.

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Just when I thought it would all be simple!

 

The money wasnt paid monday morning as promised.

 

Yesterday, the old chap received several phone calls from the garage. They told him they decided that they wish to inspect the car again before they decide if they will pay or not.

 

They had already requested this in court. The judge said that they could not.

 

I have now recieved this email:

 

We have telephoned the number given to us by Mr XXXX (XXXXXXXXXX) today for contact  
Despite Mr XXXX answering the phone, he denied it was him.  
The phone is now not answering.  
We would like to make an appointment to view the car so that payment can be arranged.  
Please could you inform us of a convenient time and date within the next seven days; we would require Mr XXXX to be present.

 

I am tempted to respond asking them not to harras an old man (who isnt dealing with this well) and remind them that high court enforcement action will commence on the 20th.

 

Any thoughts please?

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They have a Judgment against them which orders them to pay within a certain time (or forthwith).

 

The time for disputing this has come and gone and as such they don't need to inspect the car, and you don't have to let them. The Defendant was at the Court and has no excuses.

 

Therefore, I would suggest that you write to them and tell them if payment is not received in your (dad's?) account by Midday next Friday (due to bank holidays or I'd only give them till Wed), then you will be instructing a High Court Enforcement Officer (if your Judgment is over £600 or County Court Bailiff if less than £600) to recover the monies, which will mean the garage has to pay more.

 

Have you had a copy of the sealed Judgment order from the Court yet? If so send a copy of that with your letter/email.

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By the way my post assumes the time the Defendant was allowed to pay has passed (i.e. the Judgment will say forthwith - immediately, or specify a number of days the Defendant has to make payment).

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Thanks for the advice.

 

The amount is circa £5500, they have until next friday (30th).

 

No paper work received as yet.

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This Friday 30th March...tomorrow !!


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This Friday 30th March...tomorrow !!

 

Which is a bank holiday so if you don't have payment in cleared funds by close of business today they'll be in breach.

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Sorry, Im an idiot, the bank holidays always throw me.

 

Its next friday 6th.

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Oh ok, well in that case remind them that payment is due by 6th April and that if they don't pay enforcement action will be commenced. And re-iterate that the matter has already been subject to a trial and that they have no reason to inspect the vehicle now, and therefore you/your dad will not allow them to do so.

Edited by dx100uk
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Which is a bank holiday so if you don't have payment in cleared funds by close of business today they'll be in breach.

 

Not technically ....its a banking holiday but not a bank holiday...surprisingly, Good Friday and Christmas Day are not official bank holidays in England, Wales and Northern Ireland... It would appear the term has little relevance in the modern world, and in any case may only reflect when a physical bank has its doors open to the public. Payment transfers etc should not be affected in any way.


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I suggest that you don't write them but you immediately contact HCEO and put it in their hands. It should cost you £66 or thereabouts for the transfer up fee and you will get that back on the successful execution. Just make sure that you get a commitment from HCEO that if the execution fails that there will be no further cost to you. Most of the High Court enforcement companies do this.

 

I don't see any point in writing. They have a court order. They broke the deadline and now they're trying to argue. Put in HCEO and don't bother to get involved in any more correspondence.

 

Do you know which dealer you're talking about here?


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Dont think its due until the 6th April

Edited by dx100uk
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Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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