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Small claims court Struck out as non compliant
Raksha
Posts: 4,569 Forumite
https://forums.moneysavingexpert.com/discussion/4822868
Similar to this case, we paid a deposit on a car at the end of May, based on telephone cinfirmation that it had a 'good service history'
The following day we collected it and paid the balance, total £1995
Due to illness, the vehicle did very few miles over the following months, but in Early Sept we took it to a local garage for a replacement cam belt. The garage refused to do the work as the engine was making rattling noises at high revs. We contacted the garage who sold it to us who agreed to undertake remidial work, which would include, at a cost of £1000 to us, replacement of the cam belt. This work included diagnosis of fuel pump problems, overhaul and replacement of fuel injectors, as well as replacing the cam belt. The invoice for this work was from the garage who originally sold us the vehicle for the total cost of the work, even though we only paid half. I don't know if it's relevant, but there is NO VAT number on the Invoice.
Within a week of getting the vehicle back, it suffered a catastrophic failure when being started on our driveway. We've attempted to engage an independent mechanic to produce a report for us, but can't find anyone who is prepared to do this sort if work.
The original garage are refusing to accept the vehicle as being rejected and we have raised a claim against them in the small claims court for the cost of the vehicle, the sum paid towards the additional work and the extra expenses of having to make alternative travel arrangements to work.
Today we have received notification the the claim has been rejected by the court as it is CPR 6.9 non compliant. I understand this refers to the defendant failing to supply an address for the order to be served. I believe we did provide an address when filing the papers originally.
What do we do now?
Similar to this case, we paid a deposit on a car at the end of May, based on telephone cinfirmation that it had a 'good service history'
The following day we collected it and paid the balance, total £1995
Due to illness, the vehicle did very few miles over the following months, but in Early Sept we took it to a local garage for a replacement cam belt. The garage refused to do the work as the engine was making rattling noises at high revs. We contacted the garage who sold it to us who agreed to undertake remidial work, which would include, at a cost of £1000 to us, replacement of the cam belt. This work included diagnosis of fuel pump problems, overhaul and replacement of fuel injectors, as well as replacing the cam belt. The invoice for this work was from the garage who originally sold us the vehicle for the total cost of the work, even though we only paid half. I don't know if it's relevant, but there is NO VAT number on the Invoice.
Within a week of getting the vehicle back, it suffered a catastrophic failure when being started on our driveway. We've attempted to engage an independent mechanic to produce a report for us, but can't find anyone who is prepared to do this sort if work.
The original garage are refusing to accept the vehicle as being rejected and we have raised a claim against them in the small claims court for the cost of the vehicle, the sum paid towards the additional work and the extra expenses of having to make alternative travel arrangements to work.
Today we have received notification the the claim has been rejected by the court as it is CPR 6.9 non compliant. I understand this refers to the defendant failing to supply an address for the order to be served. I believe we did provide an address when filing the papers originally.
What do we do now?
Please forgive me if my comments seem abrupt or my questions have obvious answers, I have a mental health condition which affects my ability to see things as others might.
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Comments
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What trading entity are this garage LTD ?
And how well established is the businesses.Be happy...;)0 -
Yes, Ltd company, established for 9 years, no CCJs currently showing on company reports.Please forgive me if my comments seem abrupt or my questions have obvious answers, I have a mental health condition which affects my ability to see things as others might.0
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Today we have received notification the the claim has been rejected by the court as it is CPR 6.9 non compliant. I understand this refers to the defendant failing to supply an address for the order to be served. I believe we did provide an address when filing the papers originally.
What do we do now?
You believe you supplied an appropriate address.
Have you asked the court why they think otherwise?0 -
Your claim for the cost of the car + works + extras is unrealistic. For starters any refund can take in to consideration the months of use you've had, even with the car you'd have incurred travel expenses so claiming it as consequential now may not even be the case.
Considering its age and price some issues may be down the wear and tear and not faulty.
You don't say why it failed after the repairs? Or whether this was in any way related to the repairs?
Can you phone the court to amend the claim adding the address?0 -
Did you file online or in paper ?Be happy...;)0
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Online, citing the company address, but I don't believe we had an address for the director (there are 2 different ones online)
The other costs referred to the costs of getting to and from work while the vehicle was unavailable and referred only to the return mileage I had to make in order to return home after dropping my husband at his place of work, not the total mileage travelled.
We have since purchased a cheap run about so he can get to and from work in the abscence of the original vehicle.Please forgive me if my comments seem abrupt or my questions have obvious answers, I have a mental health condition which affects my ability to see things as others might.0 -
The company secretary at the registered office is usually best target as directors can be non controlling.Be happy...;)0
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spacey2012 wrote: »The company secretary at the registered office is usually best target as directors can be non controlling.
This director seems to be very 'hands on' as it's him we've had most contact with.
Just waiting for hubby to wake from his sleep after night shift last night to see if he has any further info.Please forgive me if my comments seem abrupt or my questions have obvious answers, I have a mental health condition which affects my ability to see things as others might.0 -
Seems is not really good enough and they are usually smart enough to dodge CCJ papers by returning them .
This is why a LTD company has to have a "secretary" it is not the same as a secretary who paints nails and types letters, it is a legal term for the nominated position required for service of documents and filing of documents.
They are listed on searches.
So papers are sent to the company secretary at the address listed on companies house.
This counts as served, it is up to them to collect and answer them from the company secretary or they will get a default CCJ.
To be honest, if you got this wrong you might be better getting the whole claim checked before you attempt re-service.
The fees are already stacking up.Be happy...;)0 -
Example;
Joe Blogs cars LTD (A firm)
C/O Company Secretary (dave the dodger)
Joe Blogs cars trading 2000 super banger busters.
Dodgy accountants LTD
The Bussines centre, Manchester.Be happy...;)0
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