Small Claims - false defense

Legacy_user

Hi,

I have a claim at the county court which I have made myself.

It is over a car I bought and failed after 30 days so CRA 2015 is at play here.

Got to the point where the defendant has posted his defense. The claim as not gone through the online portal it is in CCMCC.

I am currently waiting on the result of the N244 hearing to strike out the defense on grounds of a false statement which has no grounds for succeeding anyway.

I noticed various issues with the defense statement.

It has been signed by a 3rd party legal complaint handler.

It contains NO statement of truth it (is inadmissible).

I have the signature of the car dealer who signed me up for the "car" - the statements are not signed in his hand which is of course contempt if it contains a statement of truth.

They also allege that I would not take car back - it was undrivable with NO MOT - but I sent 4-5 offers for them to inspect it here. I have the emails so more lies in the statement. Clear lies there ..

What I would like to know is can an individual report such behavior to the police ??

The court seems to allow anything these days !!! any advice would be good ... thank you

unholyangel

You can report anything to the police ime. Whether its a crime or not.

FWIW, the courts know people tend to be biased towards their own opinions. For example, it sounds like what they have said about you refusing to take the car back is correct. Perhaps understandable with context (that it had no MOT or wasn't safe to drive) but if they only said you refused to take the car back then it is factually correct.

Anyway, the statement is only to judge if the case should proceed to a hearing - at which time they will establish the facts of the case.

bris

They aren't lies until the court says they are. They will hear both sides and determine first on facts or where the facts are hazy common sense.


This doesn't mean you will win, after 30 days is vague but certainly means they have the right to inspect the car. You should have taken it back as they are under no legal obligation to do anything. Any costs to you can be claimed back as consequential losses if you proved your case.


Not following the correct procedure may come back to bite you, but it depends how strong your case is.

unholyangel

apollokid wrote: »

No they are lies I have emails which state that I have offered them the chance to inspect the car. I have emails sent to them the day they refused to even look at the car-which clearly state "you have refused to look / fix the car" I Hereby reject this car" all emailed on that date and time to the garage - since then I have contacted their legal people - I have copies of 5 email when I have offered to let them come here and inspect the car - so their submission is what it is LIES.
I could not take the car back it is undrivable - after 4 weeks and SORN. So it is lies to say in their defence that I have refused to let them examine the car and the judge will see that I am not lying. as I have proof ... I cannot physically carry a useless car to them ?? Please dont be judgmental only asked for advice .. and help I have no car to take my wife suffering from two brain tumors to a hospital due to these so called car dealers !

Thats not what you said in your OP though. You said they allege you were refusing to take the car back - which you were. That you may have had a understandable reason for doing so would be neither here nor there in that statement being a lie - for it to be a lie you would have had to agreed or offered to take the car back iyswim.


Again, its just their original statement so a judge can determine whether it should proceed to a hearing. At which time the judge will hear both sides and then determine what he/she considers the facts of the case to be.

Apart from that I haven't commented on your case because theres not enough information to determine whether you had the right to reject the car or not and if so, whether you were under an obligation to return the goods or simply make them available for collection.

I'm just advising you not to get emotionally hung on whats in their statement. You'll have your chance to counter that at a hearing (if a judge deems it worthy of the courts time - the bars usually set pretty low).

bris

apollokid wrote: »

No they are lies I have emails which state that I have offered them the chance to inspect the car. I have emails sent to them the day they refused to even look at the car-which clearly state "you have refused to look / fix the car" I Hereby reject this car" all emailed on that date and time to the garage - since then I have contacted their legal people - I have copies of 5 email when I have offered to let them come here and inspect the car - so their submission is what it is LIES.
I could not take the car back it is undrivable - after 4 weeks and SORN. So it is lies to say in their defence that I have refused to let them examine the car and the judge will see that I am not lying. as I have proof ... I cannot physically carry a useless car to them ?? Please dont be judgmental only asked for advice .. and help I have no car to take my wife suffering from two brain tumors to a hospital due to these so called car dealers !

No one is being judgemental, You haven't given enough information. All you say is the car is over 30 days. Under 30 days you can reject faulty goods for a refund, after you can't.


How long is it? No MOT would be an indicator that you have had the car for a year as most garages give a years MOT. Without the proper information you can't get proper advice.


Do you have any independent experts advice on the faults? These are all things the courts will look at.


So what's a lie to you could be meaningless as their legal experts will tie you in knots if you haven't done things properly.

waamo

Damn sure I go through a red light and lie I would get 4 years !

No you wouldn't.

waamo

apollokid wrote: »

https://www.bbc.co.uk/news/uk-england-cambridgeshire-47040912

Same thing .. lying in statements ....

She got 3 months. Hardly 4 years.

steampowered

The court system is very simple really, it is 3 stage process:
1) Both sides have an opportunity to put forward their case.
2) Both sides have an opportunity to put forward their evidence.
3) There is then a hearing at which the court decides the case.

Until you get to point 3, the court hasn't decided anything yet !!!

If you feel that the Defendant's case is very weak, then you should be confident that the judge will rule in your favour !

All you have to do is chill out, make sure you comply with any court orders, make sure you have your evidence organised, and attend the hearing.

Don't get distracted with rabbit holes. Your case is not really about whether the Defendant is "lying" about things, or about who signed the statement of truth. It sounds like your case is about the fact that you were sold a faulty car? So focus on that!

Personally I wouldn't bother with filing N244 in small claims track, I would just wait until the main hearing, but each to their own.

Keep_pedalling

apollokid wrote: »

https://www.bbc.co.uk/news/uk-england-cambridgeshire-47040912

Same thing .. lying in statements ....

No it is not, hers was a criminal case yours is a civil one.

lincroft1710

apollokid wrote: »

I could not take the car back it is undrivable - after 4 weeks and SORN. So it is lies to say in their defence that I have refused to let them examine the car and the judge will see that I am not lying. as I have proof ... I cannot physically carry a useless car to them ??

If you want a refund you have to return the car to the dealer, if it can't be driven then it would have be transported, either on the back of a suitable truck or trailer.

lincroft1710

apollokid wrote: »

The CRA, 2015 states that they have to pay the cost of returning the goods.

Check out other threads on the Motoring board about returning cars.