hells bells

[hels bells]

hi

 

tried what u said and still cannot do the smiley face thing!

[hels bells]

hi glenn

 

help me through the last bit if you will, then the real battle begins

 

hels

[hels bells]

thank you i have now worked out the smiley face thingxxxxx;)

[zubo]

thank you i have now worked out the smiley face thingxxxxx;)

 

wot??? he helped you work out how to do the smiley thingey and now battle commences.... with the smiley thingey????:D:p:p

 

 

Z

[hels bells]

lol

 

i appreciate good humour, keep it up! that waht keeps me going.

[hels bells]

Glenn

 

i have another problem i would like you to advise me with if you can. sorry if its different to the normal converstion with the banks but i what someone to sound this out. In brief, car bought on e-bay, bought on the look and descriptions given, delivered to the door and charged for the priviledge, we took the car to a garage as leaked oil adn othr stuff [water] straight away, the report that came baack listed about 15 fault some of which were serious, the garage said in thier opinon the car was unroadworthy and unsafe and complied a report, we has spoke to the seller the day after purchase and he argued th toss ect, i have wittten to him three times and offered a variation of alternatives, as in woud he like another independant of his choice to look at it, basically he has told me to get lost and he says he leaving the country, i then checked the paper work and the mileage has been clocked by over 12,000 miles and a two invoices i have from the same garage have written the mileage down different [much less] than the MOT certificate that they had completed, so nothing matches in any shape or form, the car is stuck on mileage that does no correspond with any paper work. I have quoted the mis-selling of goods act and infomred him i will take legal action if he does not comply, i have written to the garage who completed the works and asked them to explain the mileage fault, my question is

1. Do you think i have a case?

2. Would i complete an Nl form?

3. How much is the cost of this appliation?

 

your thoughts would be appreciated. many thanks

Kindest regards

 

hels

 

 

3. How much is the charge?

[hels bells]

ps

ingnore the second 3, don,t know what happend there.

[hels bells]

ps Glenn

 

Zooman has said i need to complete a witness statement before court on friday, do you know about these things?

 

hels

[hels bells]

coffee has gone cold lol

[hels bells]

ps my name has changed to hels bells on the chat line, just for the record, just if anyone is interested

 

hels

[hels bells]

oh my god, where are you

[Glenn UK]

ps Glenn

 

Zooman has said i need to complete a witness statement before court on friday, do you know about these things?

 

hels

 

Helen

 

As i understand it you have two instructions from the Court, one for a directions hearing and one for a full hearing, is that correct?

 

Do either of them provide any instructions as to what to prepare/provide for the courts prior to the hearings?

 

Its normal for the orders to contain instructions as to what they want the parties to do if indeed they want anything and its also normal for them to confirm the time frames for this too, eg. provide a statement of truth 7 days before the hearing for the other side or similar.

 

Don't worry there is a template for the statement of truth, it may be in the template library, if not Karnevil has one linked in her signature.

 

Glenn

 

PS Don't panic

[Guest sihum]

Hi Hels

 

The Witness Statement prior to the hearing will help the judge see your time line and case arguments before the actual hearing...if you serve a copy on the defendant too it might encourage them to sort it out pre hearing.

 

But if it doesn't specifically ask for one in the directions received from the court then indeed there is no need for you to do one.

 

The directions hearing should be quite straightforward hels...its your chance to ask the judge to order directions which will help your case. It needs to be balanced tho.

 

Congrats on working out the smiley face thing too

[Glenn UK]

Glenn

 

i have another problem i would like you to advise me with if you can. sorry if its different to the normal converstion with the banks but i what someone to sound this out. In brief, car bought on e-bay, bought on the look and descriptions given, delivered to the door and charged for the priviledge, we took the car to a garage as leaked oil adn othr stuff [water] straight away, the report that came baack listed about 15 fault some of which were serious, the garage said in thier opinon the car was unroadworthy and unsafe and complied a report, we has spoke to the seller the day after purchase and he argued th toss ect, i have wittten to him three times and offered a variation of alternatives, as in woud he like another independant of his choice to look at it, basically he has told me to get lost and he says he leaving the country, i then checked the paper work and the mileage has been clocked by over 12,000 miles and a two invoices i have from the same garage have written the mileage down different [much less] than the MOT certificate that they had completed, so nothing matches in any shape or form, the car is stuck on mileage that does no correspond with any paper work. I have quoted the mis-selling of goods act and infomred him i will take legal action if he does not comply, i have written to the garage who completed the works and asked them to explain the mileage fault, my question is

1. Do you think i have a case?

2. Would i complete an Nl form?

3. How much is the cost of this appliation?

 

your thoughts would be appreciated. many thanks

Kindest regards

 

hels

 

 

3. How much is the charge?

 

A lot will depend on whether the seller was a private individual or a retailer i think.

 

Although in theory even a private seller cannot lie about somehting they are selling i think its a lot harder to claim back from them, plus of course even shold you win wil they hae the moeny to pay you back?

 

IF you have any more details then please drop them over or post and we can have a look.

[hels bells]

glenn

 

thanks for that, i will try to make it easier for you to guide me buy given you the info as i have it.

 

first letter sent by the courts 7 march says;;

 

TAKE NOTICE, that the hearing will take place on 13th April at 12.30,

when you should attend 10 mins has been allowed for the hearing.

 

second letter from the courts dated 27 March says:

The defendant filed an Acknlowledgement of service 23 March,

 

the defendant responded to the claim indicating an intention to defend all of the claim.

The defendant has 28 days from the date of service of the claim form with the particulars of claim, or of the particulars of claim, to file a defence.

The acknlowledgement was filed by the solicitors actin for the defednat who have given their following name as and address for service of documents

 

Barclays legal & Compliance

Litigation and Disputes

Blah Blah

 

does this shead any more light and what i need to do?

 

hels

[hels bells]

hi Si

 

if this is my opportunity to ask for a direction, what do i ask for?

 

hels

[hels bells]

Glenn

 

re the car sitiuation, yes it was a private sale, but having read the info on The Sales of goods act 1979, it states :"it should be fit for its purpose", yes i agree there is a buyer beware for private sales a legal principal of 'caveat emptor' but there is a requirement that they should be 'as described'.

 

i appreciate in buying from a business you have more of a claim but surely you are covered if the goods are unsafe, false description, ie, adjusted mileage by 12 thousand miles.

 

i was going to quote this act on the N1 do i also need to find and site a case?

 

thanks hels

[zubo]

Hels

 

the earlier one is a standard one from the court - just advising you the fact that the Bank has acknowledged receipt of their copy of the N1 and that they intend to defend.

 

If you have not obtained your copy of their defence before Friday, then use the hearing as a formal request to the court to instruct the defendant to supply a copy of their defence.

 

My guess is that they havent submitted one - in which case you should be asking the Court to make an Order instructing the defendant to give good reason why they should not supply you with the information requested.

 

Z

[hels bells]

i will try to catch u later hopefully as the N1 [if it is that form] must be submitted by Wed of this week a] cos i,m off work and will have the time b] thats the allocated time up! and he's said he's [seller] is leaving the county!

[zubo]

Glenn

 

re the car sitiuation, yes it was a private sale, but having read the info on The Sales of goods act 1979, it states :"it should be fit for its purpose", yes i agree there is a buyer beware for private sales a legal principal of 'caveat emptor' but there is a requirement that they should be 'as described'.

 

i appreciate in buying from a business you have more of a claim but surely you are covered if the goods are unsafe, false description, ie, adjusted mileage by 12 thousand miles.

 

i was going to quote this act on the N1 do i also need to find and site a case?

 

thanks hels

 

Hels

 

I havent looked, but is there not a section elsewhere on this site covering sale of goods and advice given there?

It might pay you to post there and see what help you get there

 

Z

[hels bells]

hi Z

 

in court Frid is that not too late as i have not received thier defence so no time to prepere, courts not open till Wed, so the earliest i will get the defence will be Wed, not much time to talk to you guys and get ready

ps it was at CPR part 8

hels

[hels bells]

sorry Z i think you have answered this question earlier duh:eek:

[hels bells]

also i heard very late last night that the defence could submit a witness statement basically saying they do not have my data end off !! is this right ??

 

surely they would have to produce a policy which give a limited period of retention for my specific data request?

hels

[zubo]

also i heard very late last night that the defence could submit a witness statement basically saying they do not have my data end off !! is this right ??

 

surely they would have to produce a policy which give a limited period of retention for my specific data request?

hels

 

They would have to respond to your request for good reason why they do not have it.

 

Also there is the evidence you have to the contrary which they would need to explain

 

Z

[hels bells]

yep i tend to forget about my evidence tut:rolleyes: