Small claims court - defendant hasn't supplied a copy of his defence

Raksha

Court date is set for 29th of this month but we've not yet received a copy of the defendants case.

What effect coukd this have on the case?

Case concerns 2nd hand vehicle which required remedial work within 3 months of purchase. 1st attempt at repair ended with 2 fuel injectors being broken. Cost of repair increased but Dealer paid 2/3 of cost of repairs, we paid a contribution as we were going to get timing belt changed anyway and that was alledgedly done. Repair was attempted on condition that the vehicle would be returned with a warranty.

4 days after collecting vehicle it failed catastrophically when starting and was formally rejected. Dealer would only offer to take vehicle away and attempt further repair. We have no faith in their ability to carry this out.

Letter before action sent, Court papers filed and we have sent Court and defendant a copy of our case. But we've received nothing from the defendant.

stevemLS

Have you got a Directions Order, what does it say?

Are you saying you haven't received a copy of the Defence filed - which would normally precede the issue of a Directions Order, or that you haven't received the defendant's bundle.

Raksha

Directions order received.
Defendants bundle not received as at 14 days before trial as specified in Direction order
Yes copy of defence as filed before Direction order has been received.