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lamboboy

Help with a dealer pulling a fast one please

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Sorry, thought I had PDF'd and not completely sure where the 'attach' button is! ... may have found it now...

 

OK.... We have the following claim form, directions questionaire and an EX730 Mediation Factsheet but no defence. I have asked her to check online regarding the defence but there is nothing on there either.

 

Please see attached

lb

Binder1.pdf

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Single file – multipage documents please in PDF format


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The papers that you have received say that a defence is enclosed. If the defence is not enclosed then you need to get onto the court PDQ and tell them that they have made an error


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Okay, this simply gives you notice that they are going to defend. It doesn't contain any details and says that the defences to follow.

 

I'm not too sure how long they have to file the defence. I will flag this up to AndyOrch


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What makes you think that – and do we really care?


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Yes its just an acknowledgement that they have submitted a defence....dated 22nd Jan 2019.

 

 

This claim is subject to the Test Pilot Scheme of Online Civil Money Claims.

 

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/practice-direction-51r-online-court-pilot

 

This Practice Note identifies two pilot schemes to test online court environments in county court money claims: the ‘Online Civil Money Claims Pilot’ (formerly the ‘Online Court Pilot’) to test an online claims process for money claims in the County Court for use by unrepresented parties (‘litigants in person’) ( CPR PD 51R) and the ‘County Court Online Pilot’ to test a procedure to enable legal representatives to file and issue County Court money claims online ( CPR PD 51S). These pilot schemes commenced on 7 August and 12 September 2017, respectively, and both run until 30 November 2019.

 

 

You have also received the Notice of Proposed Allocation dated 4th Feb and Directions Questionnaire N180 which you must complete and file and serve by the date instructed.Once you have completed and submitted this you will receive a Notice of Allocation N157 which Directions on what both parties must do next and by what date. (Payment of hearing fee/Exchange of statements and evidence)

 

 

When you submit the DQ the claim reverts to the normal style MCOL claim process.

 

In the meantime chase up a copy of their defence.

 

 

We now have 2 threads which involve the Test Pilot Scheme.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?492785-Moneyclaims-service-Responding-to-a-Defence&p=5174553#post5174553

 

Andy


We could do with some help from you.

 

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Where ? You have already uploaded the above yesterday


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States defence to follow......that is not a defence just a acknowledgement they intend to defend.

 

Take a look at post 8 here......this is what the court should have sent you.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?492785-Moneyclaims-service-Responding-to-a-Defence


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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Thanks Andyorch

 

We have contacted the court and they have advised that the Defendant's Response is the Defendant's Defence at this time.

They said that his Defence is that he refutes the claim and that there will be a later time for details.

 

In the meantime, we have still not been granted access to inspect the vehicle which is obstructive in gaining evidence of the issue we believe was there at the time of purchase. The mechanical diagnosis was never advised to us as the garage repair was organised and authorised by the seller and was never muted to the car owner nor authorised by such as to then assume any liability for the costs incurred. Therefore, should the garage really be pursuing the seller and the seller then pursuing us? It's all confusing!

 

Thanks

lb

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So in effect he has not submitted a defence...which must be submitted 14 days after acknowledgement of service...you really cant proceed to the next stage unless a defence is offered for you to consider...thats the way the Legal system works.

 

There is no later time for details...14 days and if not served then you can request judgment


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Okay well if the time has not yet expired...thats fine.....post up the defence when you receive it.


We could do with some help from you.

 

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Hi Andyorch

 

Defence filed today and emailed directly to the cClaimant with a preface of:

 

Please find attached by way of service

 

1. Defence

 

2. Directions Questionnaire

 

The above documents have been filed at Court.

 

I refer to your email letter dated 28th January.

 

My client is not opposed to the vehicle being inspected in order to confirm the condition. Now that we are engaged in court proceedings, it would be sensible to have it inspected by an independent expert engineer.

Please let me know if you are agreeable to the proposal.

 

I attach the defence as requested.

 

Kind regards

Defence cag.pdf

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That defence must be signed by the Defendant /Legal Representative....unless you have you been informed of legal representation for this Defendant and they are authorised to act on their behalf?


We could do with some help from you.

 

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Has the Defendant informed you that they have Legal Representation....a Solicitor acting on their behalf ?

 

A defence can only be signed by the Defendant/or Legal Representative.


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Donate button something to the Consumer Action Group   

 

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In his solicitors letter dated 23rd January, they state they have acknowledged and as a result have until 18th to serve a defence. Is that timeline the same??

 

Scratch that I see they have appointed a Solicitor.


We could do with some help from you.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

    Donate button something to the Consumer Action Group   

 

If you want advice on your thread please PM me a link to your thread

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