Money Claim for used vehicle

PiggieBank

Hello,

I have submitted a MCOL (Small Claims) against a used vehicle dealership. Attempting to cut a long story short, the car (albeit registered in 2009 with no warranty), became ceased with various problems having owned it for 7 weeks. I did seek advice via trading standards/consumer protection on the telephone and followed their guidance, which was basically the issuance of various letters after any attempt of mediation failed. The dealership didn't respond back personally, I only received correspondence from a company named lawgistics basically refusing any action.

I've finally received a letter from the court updating me that the dealership wishes to defend the claim, just wondering what I should expect to happen from here?

TIA
PiggieBank

agrinnall

You go to court and make your case, they defend it, the judge decides the outcome.

Have a read of this https://www.citizensadvice.org.uk/law-and-courts/legal-system/taking-legal-action/small-claims/small-claims/

PiggieBank

Thanks for quick reply!

Just read through your link, very helpful - I've pointed out this quote -

"After the court gets the defendant's defence, they'll send a directions questionnaire to both parties with a deadline. You'll have to pay a fee when you send it back, unless it's been waived. The court will then decide which track to allocate the case to."

I don't suppose you know what this fee is, and if the case is won, am I right in assuming I would get it back? I'll have a search on here for any posts relating to something similar, be interesting to hear other people's stories on their progress

KeithP

Have you not seen MSE's Small Claims Court guide?

In more detail, court fees are spelt out here:

Make a court claim for money - court fees

PiggieBank

KeithP wrote: »

Have you not seen MSE's Small Claims Court guide?

In more detail, court fees are spelt out here:

Brilliant read. Answered many questions! The one query I have from reading the MSE guide, the words ".. if it even ends up in court" is mentioned, and also mentioned when I've been reading up on similar cases. Do you happen to know if some instances have judgements made simply via paperwork/defences submitted to the court without the need of both parties attending a hearing?
I've been happy to mediate since day one, this is a point I have reiterated in my letters also, but doesn't seem to be going anywhere. I may be clutching, but I am hoping moving forward to the directions questionnaire this may be an option in bid of getting on with my life!

PS: removed links as it won't allow me
Thanks

bazzyb

Lawgistics are very experienced in motor claims, and if the dealer are defending they have almost certainly run it by them and they have advised them to do that.

It may be useful to get some advice and support on here by giving an idea of an overview of your claim, and what Lawgistics said in their response as to why you had no basis for a claim against the dealer.

arcon5

What is the basis for your claim? And what is their defense?
A judge is unlikely to rule without a hearing if it is being defended

forgotmyname

How realistic are your claims?

Its a 9 year old car with 9 years of wear and tear to be taken into account. If you bought it new would you have expected these faults by now?

I would post up some basic info it may save you some money.

esuhl

PiggieBank wrote: »

I've been happy to mediate since day one...

You can't mediate when you're an involved party! You'd have a clear conflict of interest!

DoaM

I suspect OP means "happy to participate in mediation".

But as said in post #8 ... some details may help us guide OP as to whether they'd be throwing good money after bad by continuing with a claim.

As to the question ".. if it even ends up in court" ... sometimes a defendant (or claimant) will push the other party to such a point that a hearing is arranged, (at which point they realise that the other party is serious), then they'll capitulate and agree an out-of-court settlement.

esuhl

DoaM wrote: »

I suspect OP means "happy to participate in mediation".

Oh -- that makes more sense. :doh: