Hunts motors Bedford - Faulty Car cambelt failed - i won by default/sent HCEO's - they paid in full - now set aside as court errored - new Hearing

[AndyOrch]

Quote

20.  The court has already looked at the case and made judgement for the claimant.

 

Default judgment?

[FTMDave]

Yes, Andy, it was a default judgement.

[AndyOrch]

So not looked at or determined by a court.

[Doingmybest]

Thanks Dave for your help. I will add what you advise and send it out.

I will keep you all updated.

[FTMDave]

Take Andy's advice too.

[Doingmybest]

Sorry thanks Andy; so should it be, The court has already made a default judgement for the claimant?

[AndyOrch]

Well the court will be aware of it anyway so lose point 20 all together

[Doingmybest]

Got you.

 

Many thanks

[Doingmybest]

I’ve sent in the paperwork to the court and Hunts motors. 
 

I don’t think they had any intention of doing the same as they have now sent in photos of the car, reworded my witness statement, HCEO’s letters. They’ve also took screenshots of their MCOL account with the names and case numbers of other people who have cases against them. 
 

so they are now in breach of GDPR. 
 

oh yeah- “there was nothing wrong with the car, it’s just that it wasn’t started for a whole year. “

Edited May 16, 2023 by Doingmybest

[FTMDave]

Can you please upload what they have sent?

[Doingmybest]

Here it is. I’ve removed identifying info so Mr is me. 

 

Hunts motors WITNESS STATEMENT.pdf

[AndyOrch]

Closing the stable door long after the horse has bolted springs to mind I don't see anything that would successfully support their application within that statement ......or genuine reason to request a set a side or what it wishes the court to do.

 

 

Very poor litigant statement.

[Doingmybest]

The defendant has had the order set aside at the hearing this morning.

 

The reason that the judge gave was that he could not see on what or who's authority it would escalate to the high court as this costs “thousand’s of pounds”.

 

I explained that the HCEO makes the application for the writ via their legal department but, without him seeing the order he felt he had no choice but to set aside the CCJ and send the case to a new trial.

 

Hunt's said that they informed the court in May that they had moved address and then heard nothing until mediation and then nothing after. for some reason the court changed the address on their other cases but not this one?

 

He then started talking about us paying the money back: I told him that would not be fair as they received the car back, repaired and have resold it.

 

In hindsight, I should have included the writ of control as evidence as the escalation to the high court and also Hunt's word that they received nothing in the mail. I did say that they received emails but he would not accept that.

 

[dx100uk]

3 minutes ago, Doingmybest said:

for some reason the court changed the address on their other cases but not this one?

 

so more than one case against hunts then...thats not good for them..

 

dx

 

[AndyOrch]

On 18/05/2023 at 12:01, Andyorch said:

Closing the stable door long after the horse has bolted springs to mind I don't see anything that would successfully support their application within that statement ......or genuine reason to request a set a side or what it wishes the court to do.

 

 

Very poor litigant statement.

 

Very poor District Judge

[FTMDave]

Sorry to hear this.

 

Surely in any rematch the fact they collected the car, repaired it and sold it has to count massively against them (make sure you keep proof of all this).  They can hardly claim they have the right to sell the car to two different customers and keep two sums of money!

 

What did the judge decide about you paying the money back?

 

And who ended up paying the costs of the hearing?

[Doingmybest]

his only ruling was to list for trial.

He did not say anything about costs etc. but said that Hunt's could dispose of the car in any way they deemed appropriate.

From the paperwork, Hunts paid for todays hearing.

 

[FTMDave]

Well that makes the decision even more bizarre.  If the judge really accepted that the court had messed up and sent paperwork to the wrong address after Hunts had informed of the move, then they should have had their costs refunded.

 

Anyway, good that they've had to fork out £275.

 

When the court order arrives please post it up straight away, the devil is likely to be in the detail.

[Doingmybest]

Okay will do

[Doingmybest]

Hi all. I've attached the judgement as promised.

Case set for October 2023 and my fee has to be paid by mid September.

Statements have to be in 25 August.

We have the right to have the order set aside, varied or stayed but the application has to made within 7 days.

Hunts Motors are wanting to settle things out of court which is reasonable and said

" It has cost me with bailiffs and court fees £4162, if you willing to pay half we can close this matter outside the court."

Bearing in mind the fact that they have sold the car but want to profit from us...........

We'll appreciate your help.

judgement.pdf

[dx100uk]

cheeky buggers.

they dont give up do they.

 

dx

 

[Doingmybest]

I have legal expenses with my house insurance but didn’t think to use it initially.

I contacted them and sent them the information.

Their reply: ‘

General conditions:
contact our legal assistance helpline before you take any action that may result in a claim and before you run up any legal expenses’

Unfortunately, as you have already issued the claim and incurred the issue fee and associated costs in respects of enforcing the judgment that has subsequently been set aside, you have not met the terms of the policy in notifying your insurers before taking any legal action.

Is there anything I can do to argue this decision. 

also, I tried to do things myself

- with the assistance of this website

- in order to mitigate my loss etc and also hoping not to claim on insurance and increase my monthly payments. 

I feel stuck here

[dx100uk]

why do you need legal expenses help/insurance or WHY?

all you need to do is take their statement apart line by line in yours.

also devil is in the detail please

their exact letter in full please

On 02/08/2023 at 18:33, Doingmybest said:

Hunts Motors are wanting to settle things out of court which is reasonable and said

" It has cost me with bailiffs and court fees £4162, if you willing to pay half we can close this matter outside the court."

 

[Doingmybest]

Sorry Dx t

he email from insurance

or

the email from the defendant 

[dx100uk]

the latter .

where do YOU stand financially out of this? you are now out of pocket on this by paying the fee? .. i'e you've not refunded anything nor should you have too. 

the whole of this set aside was down to a court error, the court sadly HAD to allow the set aside they errored .

far from hiding this, i think it needs to be included and should have been in your previous statement. neither you nor the defendant should be out of pocket for a court error??? @Andyorch

also the car miraculously starting and being driven onto low loader at your home?, and the defendant reselling the car and stating cambelt has since been changed should be highlighted...?