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lamboboy

Help with a dealer pulling a fast one please

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What date did you submit your Directions Questionnaire ?


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24th February

 

Lb

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Taking a while to allocate...give your local court a ring and ask if the N157 (Notice of Allocation) has been processed and served.

Im concerned that if you discontinue before allocation you may be liable for the defendants costs...now costs in SCT on a discontinued claim do not apply but this Solicitor may try to claim the claim is trackless until allocated and you are liable for wasted costs.

Clarify the above and we can see what options are safe....as this Solicitor seems very un trustworthy.


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On it.....!

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Hi Andyorch

We have contacted the court and they have said that they do not use an N157 and at  present it is awaiting a mediation appointment.

If mediation is then unsuccessful, it gets a court allocation.

Any ideas please?

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Honestly some of the staff that courts employ...so out of the 491 County Courts in the UK your County Court is the only court in the UK that does not use an N157 Notice of Allocation form......😂

But she did tell you if mediation fails then it goes to allocation...so what form will they send you with the allocation details (otherwise known as a Notice of Allocation N157)...anyway I digress.

BTW this is what it looks like ..note the N%& at the bottom of the page

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/688440/n157-eng.pdf

Inform the solicitor that you cant discontinue the claim until its been allocated to track as you would not want to be liable for the defendants costs.

Given that the defendant wont release the car until its discontinued and obviously there is no trust between parties to agree mutual settlement you have been advised not to discontinue at this stage.However in the interest of both parties and bringing this matter to a conclusion the defendant can make application at his cost to stay the proceedings to which you will consent.

With the claim stayed and permission to collect the car and change of ownership and providing everything is to your satisfaction you will then be delighted to discontinue the claim....however this could be avoided if a little trust was exercised from your side.

 


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Thank you.

We will scribe a response based on your direction and will show you before we send it, if that's ok?

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Sure


We could do with some help from you.

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Thank you.

We'll collaborate tomorrow!

Watch this space!

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Hi Andyorch

Nearly verbatum.... is this ok please?

"Further to your email of   xxx ,  I am unable to discontinue the claim until it has been allocated to track to avoid any liability of the Defendants costs.

Given that the Defendant won’t release the vehicle until the claim is discontinued and the fact that there is no trust between the parties, I have been advised NOT to discontinue at this stage.

However, in the interest of both parties and in bringing this matter to a conclusion; the Defendant can make application at his cost to stay the proceedings to which I will consent.

With the claim stayed, permission to collect the car with change of ownership documentation and providing the vehicle is to my satisfaction, I will be delighted to discontinue the claim.... however,  this could be avoided if a little trust was exercised from your side."

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:thumb:


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Fabulous... keep you posted.

Thank you

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Hi Andyorch

Our friend has responded as follows:

You have not been properly advised. Liability does not arise after track allocation.

Regardless, my client has not once indicated that they would seek costs against you. May I also remind you that as a Solicitor my first duty is to the Court and not to my client. Accordingly, I must not mislead. What you are intimating is 'sharp practice' and that in some way I, or my client, would seek an order that you pay costs once you have discontinued. I refute any inference of malpractice.

For the record, the offer was open and plain – my client to bear their own costs and you to collect the vehicle. That was (and remains) an open offer which can be referred to if this case does now continue.

Could we please put this matter back on track and continue with the terms agreed? In other words, you are invited to once again discontinue the claim and then collect the vehicle. Once that is done then this matter is put to rest and we can all move on.

I look forward to hearing from you.

..think we've upset him??

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" Liability does not arise after track allocation." 

You didnt say it did you said before allocation


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Ok so how do we stop him sulking please?

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Discontinue the claim...you now have it in writing confirming they wont claim costs if you discontinue and go get your car.Any further problems you can always raise another claim and add your costs from the first claim.


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 Ok thank you.

Do we need to mention about the paperwork as we have a letter from DVLA stating that ownership had reverted back to the dealer?

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Absolutely he must sign over again to you


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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Ok.  

We will compose an email and get you to glance over it if you don't mind please

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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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Thank you. Will send asap. We are worried he won't have the v5 paperwork. If he doesn't; should we still take the car?

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Ask first before you arrange collection

 


We could do with some help from you.

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Good plan thank you.

Will keep you posted!

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Once everything is sorted and resolved let us know and we will update your thread title as resolved.

Please consider making a donation so we can cover our costs and continue to help others such as yourself.

Regards

Andy


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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Will do and thank you so much.

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