EMC car sales of Bagshot - 30 Day Right To Reject - Vehicle Casualty Report

[Bassman74]

Thanks Gick,

 

I may just do that. I've also sent the court 4 PDF files from the defendants, all showing various signatures. When I called the court to tell them that I possessed these, they were VERY interested to receive these ASAP. The court clerk had never heard of this happening before.  

[Bassman74]

I've sent a few emails to the courts toady, and have drafted an official letter to them. The main subject of the letter is within the attached PDF.

EMC.pdf

[Bassman74]

Have had phone contact from the court.

 

Judge has sent a court date of mid August, as he wants to see how to proceed in light of the "mystery" discontinuation form.

 

As far as I'm aware, he requires all to attend on the date.

I do need to double check the attendance requirements though, as I'm not at home to see the actual letter notification.

[Bassman74]

We have a court date of 28th November.

I unfortunately will be working in Helsinki at that time, so I'll need to be absent. I

can do nothing about that.

The question still exists as to who they are trading as, and we await the answer to this. 

 

The judge was in agreement that the discontinuation form was not filled out by myself which we all knew, but I'm rather disappointed that quicker and tougher action was not admistered with that matter.

Perhaps I hope for too much. 

 

Let's see what November brings.

We're nearly 6 months in, so a few months more will make not a jot of difference. 

[Bassman74]

A bit of an update for you all,

 

I completed a N244 change request form and sent it to the court. This was necessary as:

 

A. EMC are not a limited company

B. EMC have stopped trading

 

The court have accepted my request, so the case is now against the parent company. The court and CROWN MOTOR DIRECT LTD now have all the documentation that I will personally present in court on 29th November ( now that I will not be overseas on this date). My claim amount is now FAR more than the purchase price of the vehicle. I'm rather optimistic, and quite looking forward to the hearing in all honesty. 

 

The defendant's never opted for mediation, but I stand to gain much more now through the court anyway. Let's see what goes down in a few weeks. 

 

@ admins. Is it worth changing the thread title to highlight the defendants name change ?

[Bassman74]

Good luck with it all.

 

Do you have CROWN MOTOR DIRECT LTD as the defendant's name? You'll need to, as they're the Ltd company. 

[Bassman74]

The court have the Autotrader add already bud., but I'll be taking it to court as part of my defence package.

[Bassman74]

1 hour ago, dx100uk said:

ST is the claimant

doesn't defend anything...

 

bundles to court at the hearing are called witness statements and need to be exchanged 14 days before the hearing date of 14th nov

 

has the defendant contacted you by email at all ST?

but you gave one on the n180?

You're right. I used the incorrect wording, so apologies for the confusion.

 

I've had no email correspondence from them since end of March. I did fill my own email address in on the N180. I can't remember if I added their own email address in though. The form is at home in Scotland, and I'm in Finland right now.

[Bassman74]

Everything was paid yesterday. The courts have all the forms and witness statements already. 

[Bassman74]

That's why I changed the name on my claim to CROWN MOTOR DIRECT LTD. It cost me £100 to do. 

 

I've a few hundred to add to the final bill yet. Roll on end November.. 

4 hours ago, Bench123 said:

Hi 

 

How can I prove that EMC car sales is just a trading name of Crown Motor Direct Limited? I am asking as I am waiting for a date of hearing against EMC but they cesead trading and we don't know what to do next?

 

Thanks 

 

 

[Bassman74]

I won my case. Decided after an hour of court. Only myself and the judge were present.

 

The money claim is against the owner of EMC, which the judge changed there and then. I'm imagining that this is going to cause me a whole new set of problems, seeing as how EMC are not trading anymore. So although the main battle is won, I still have this carry on to deal with. 

 

Let's see what happens over the next few weeks. if they had just accepted my right to reject, it would have saved me a ton money and time. They're are also having to pay much more to me than the purchase price of the car, so they're out of pocket too. 

 

EMC, over to you to do the right thing. This will not just go away, and I will get what's owed to me..

[Bassman74]

The owner himself. He sent a defence in, but it was a 1 page fairly poor effort full of half truths and lies.

 

The judge was saying that the EMC paperwork does not really mention CMD, so better to go after the owner.

He was very, very helpful and 100% behind me.

 

Now to find this elusive owner.

I have all of his details so the challenge is on.