Got my court date, what do I need to take?
24 May 2014, 03:14 PM
#61
Oh and:
Subsection (3) above does not apply if—
it is established that the goods did so conform at that date;
So you, actually Sir are wrong
Total minefield like i said.
I'd have fixed it for you tho Pimmo. Sounds like the dealer cleared the fault code and it has come back on as you were driving home. Bit naughty
Subsection (3) above does not apply if—
it is established that the goods did so conform at that date;
So you, actually Sir are wrong
Total minefield like i said.
I'd have fixed it for you tho Pimmo. Sounds like the dealer cleared the fault code and it has come back on as you were driving home. Bit naughty
Do you want to fix it for me?
21 July 2014, 06:53 AM
#62
So today is the day .. I sent my "evidence" and court fee 21 days ago, as requested and I should have received their "evidence" 14 days before today.
I'm wondering if they don't have anything will they actually turn up??
I could do without this stress to be honest, but I owe it to myself to see this through.
Even if I lose at this point, they haven't put any counter claims in, so I'll only have their basic expenses at £90 a day max.
To be honest I just feel really let down by the garage.
I'm wondering if they don't have anything will they actually turn up??
I could do without this stress to be honest, but I owe it to myself to see this through.
Even if I lose at this point, they haven't put any counter claims in, so I'll only have their basic expenses at £90 a day max.
To be honest I just feel really let down by the garage.
), and the decision was rescinded...then, when it actually went to court, he lost.
21 July 2014, 09:31 AM
#67
Scooby Regular
iTrader: (9)
Join Date: Mar 2004
Location: .
Posts: 20,035
Likes: 0
Received 0 Likes
on
0 Posts
So today is the day .. I sent my "evidence" and court fee 21 days ago, as requested and I should have received their "evidence" 14 days before today.
I'm wondering if they don't have anything will they actually turn up??
I could do without this stress to be honest, but I owe it to myself to see this through.
Even if I lose at this point, they haven't put any counter claims in, so I'll only have their basic expenses at £90 a day max.
To be honest I just feel really let down by the garage.
I'm wondering if they don't have anything will they actually turn up??
I could do without this stress to be honest, but I owe it to myself to see this through.
Even if I lose at this point, they haven't put any counter claims in, so I'll only have their basic expenses at £90 a day max.
To be honest I just feel really let down by the garage.
Originally Posted by f1_fan
I was just saying common sense thing to do would be to take it back and save all the hassle of he said, she said, third party involvement, mention of legalities etc.
21 July 2014, 12:35 PM
#69
Thanks, I won, they didn't show and the Judge was quite annoyed they had the cheek to fight it and waste his time.
Very clear cut, awarded the cost of repair and expenses.
They now have 14 days to pay.
Thanks for the advice on the this thread.
Very clear cut, awarded the cost of repair and expenses.
They now have 14 days to pay.
Thanks for the advice on the this thread.
21 July 2014, 03:17 PM
#74
Scooby Regular
Join Date: Jan 2002
Posts: 1,345
Likes: 0
Received 0 Likes
on
0 Posts
Bailiffs next if they don't pay up.
.. I'm not going to lose any sleep over the money.
22 July 2014, 03:16 PM
#79
I had to take legal action against a mapper. I won my case, then the insurance wanted to set aside the judgement, I resisted. I instructed my solicitor to apply for a charge against his property for the debt if the insurance didn't pay up. That was my next step, then the insurance company backed down and paid me in full.
30 July 2014, 05:56 AM
#80
I'm under the impression now this lovely company will appeal.
My understanding from the court is an appeal is only allow if the law has been incorrectly applied or a serious issue with processing occurred?
I'm going to file back to the court on the 4th Aug to force payment unless I hear otherwise, but just wondered what their chances of getting another day in court are?
My understanding from the court is an appeal is only allow if the law has been incorrectly applied or a serious issue with processing occurred?
I'm going to file back to the court on the 4th Aug to force payment unless I hear otherwise, but just wondered what their chances of getting another day in court are?
30 July 2014, 07:45 AM
#81
Great outcome..
I think if they appeal another day in court will happen.
But if they didnt turn up then that will weigh heavily against the outcome and you will win again.
Its getting the money out of them that will be a PITA..
Good luck,youre near the end of the road!
I think if they appeal another day in court will happen.
But if they didnt turn up then that will weigh heavily against the outcome and you will win again.
Its getting the money out of them that will be a PITA..
Good luck,youre near the end of the road!
30 July 2014, 08:03 AM
#82
Scooby Regular
30 July 2014, 09:49 AM
#85
Scooby Regular
iTrader: (9)
Join Date: Mar 2004
Location: .
Posts: 20,035
Likes: 0
Received 0 Likes
on
0 Posts
By the end of this saga you will have wasted more time and hence money than you would have done just sucking it up in the first place. That is why the law in this country basically does not work.
I appealed a parking ticket that was a cut and dry case and in the end even though I 'won' it cost me way more than the £50 fine going to the tribunal hearings and trying to get costs out of Manchester City Council.
It's a crap situation, but good luck with it.
31 July 2014, 07:10 AM
#86
This sadly ^^^^^^ unless you find a judge with common sense.
By the end of this saga you will have wasted more time and hence money than you would have done just sucking it up in the first place. That is why the law in this country basically does not work.
I appealed a parking ticket that was a cut and dry case and in the end even though I 'won' it cost me way more than the £50 fine going to the tribunal hearings and trying to get costs out of Manchester City Council.
It's a crap situation, but good luck with it.
By the end of this saga you will have wasted more time and hence money than you would have done just sucking it up in the first place. That is why the law in this country basically does not work.
I appealed a parking ticket that was a cut and dry case and in the end even though I 'won' it cost me way more than the £50 fine going to the tribunal hearings and trying to get costs out of Manchester City Council.
It's a crap situation, but good luck with it.
It's not a big company and the "director" put his name to the defence for which he then didn't show up for.
Question, if I don't attend and they win, can I appeal
Oh and the judge took a lot of notes, will he not just pass them over to any new appeal?
31 July 2014, 08:56 AM
#87
The appealing of the judgement is a common used tactic by companies. If you have taken all necessary steps to settle prior to going to court and followed the court process, then you should be able to stop the appeal. You could seek to enforce the judgement to that might be seen premature until the appeal is heard
. This happened to me, once the company files the appeal then if you wish file your objections. List all the communication sent, judges comments and how straight forward the case is. If you have any queries speak to solicitor to make sure you follow the process properly.
. This happened to me, once the company files the appeal then if you wish file your objections. List all the communication sent, judges comments and how straight forward the case is. If you have any queries speak to solicitor to make sure you follow the process properly.
31 July 2014, 10:16 AM
#88
Moderator
iTrader: (4)
Join Date: Jul 2004
Location: The Terry Crews of moderation. P P P P P P POWER!!
Posts: 18,687
Likes: 0
Received 0 Likes
on
0 Posts
Basically, they're trying to make the process to time consuming and protracted for you that you'll just forget the whole thing. As for the whole "Sorry m'lord lost the papers" Totally unacceptable; speaks to incompetent administration. Were I the judge I would impose a heavier penalty for obstructing the proceedings!
Keep going, do everything as per instructions from your solicitors and give them a good spanking!!!
Keep going, do everything as per instructions from your solicitors and give them a good spanking!!!