Court Proceedings

Dukesy

Apologies if this is the wrong place for this.

Long story cut short, OH sold his vehicle in November, the engine has since gone bang, buyer feels we should pay for repairs (some £2500).

We've filed a defence, completed the allocation questionnaire and the case has been transferred to our local court. Today we received a general form of judgment or order (N24) ordering the claimant to provide evidence to substantiate his claim and to explain why he's claiming under his business name when we have only dealt with him as a private individual.

We have, however, received no 'notice of allocation' or hearing date. Is this a normal way for things to proceed or does it suggest this will be being dealt with without a hearing or what? We're lost on the whole business to be honest - never had to deal with anything like this before.

Any help greatly appreciated

wannahouse

if he's gone thru money claim online, then its done by paper work/mail and a judgement made once a judge has reviewed all the evidence...
saves a court hearing and is cheaper...

however, why does this guy think he has any claim??
these things happen with cars etc, and you may have had no idea it was about to happen- infact, even if it was checked by an expert before they bought it, they may not have been able to tell something was going to go wrong!
as far as i knew, the onus i on the buyer to make sure the car he is buying, is ok, before he hands over the money! you're not a used car sales yard offering warranties after all!!

Dukesy

wannahouse wrote: »

if he's gone thru money claim online, then its done by paper work/mail and a judgement made once a judge has reviewed all the evidence...
saves a court hearing and is cheaper...

however, why does this guy think he has any claim??
these things happen with cars etc, and you may have had no idea it was about to happen- infact, even if it was checked by an expert before they bought it, they may not have been able to tell something was going to go wrong!
as far as i knew, the onus i on the buyer to make sure the car he is buying, is ok, before he hands over the money! you're not a used car sales yard offering warranties after all!!

It was through moneyclaimonline.

It's all a wee bit on the complex side. He thinks he has a claim because we had had a reconditioned engine (the original engine had suffered a major, irreparable failure - not due to abuse, but due to an inherent fault which has affected hundreds of these vehicles) put in the vehicle several months and 4000 miles prior to selling it and he claims he believed the engine was warrantied. It WAS, but this warranty was non-transferable, which was clearly stated on the paperwork that we showed him prior to him handing any money over.

However, he's claiming that we only informed him of the terms of this engine's warranty when he contacted us after the reconditioned engine went bang (utter rubbish, as he'd actually rung us asking us to ring the garage that did the work pretending we still owned the vehicle in order to have the repairs done under warranty). A copy of the warranty paperwork is one of the things that the judge has requested.