Case Thrown Out chances?

Cunningham

Hello All,

I am sorry I did not mention that I just been panicking and tried to give the story but yes we followed everything to the guides from this website including the rejection letter.

We first offered them meditation by giving them more time to pay us or even payment plan.

The reply from them was although they accept responsibility for the money they were not in a financial position to do so and it is better that we start a small claims dispute this is from the defendant to us.

We followed the steps of warning and precaution letters before starting the small claims but they said because they was a family business they had to make ends meet but could not pay us.

They then told court there was nothing wrong with the car they sold me in the first bar statement.
the next witness statement claims they have not sold us a car under the name to which I have now submitted N244 with £100 fee to have changed.

Cunningham

I did run a check on the car today

Ownership
No. Of Previous Keepers 6
Current Keeper Acquired Date 05 January 2019
Current Keeper Ownership Period 0 years 9 months
Previous Keeper Sold Date 05 January 2019 - Sold??
Previous Keeper Acquired Date 22 December 2018 - Date I returned and signed logbook back to them.
Vehicle Age 8 years 10 months
Registration Date 22 December 2010

Manxman_in_exile

Actually the OP does say in their first post (albeit not very clearly) that the car had been returned:


"The dealership sends an email stating they are not in a financial position to pay us back and urge us to seek small claims court only to delay them paying us or I fear now to ever paying anything! just to point to this date that car has been sold on to a new owner."


I took that to mean the OP had rejected and returned the car.

Cunningham

Hello All,

I took your advice and had the name changed, the court accepted the changes and also said that they will remove a director as they have identified that this is against the firm, they stated that the dealership will have a have a chance to submit a new defence or else they will just use the current defence statement.

The judge highlighted the mere name implication is not going to be enough to let this go.

We received a response from the dealership with a new defence ( be nice if they did not fabricate lies in it) they stated I came to the dealership and they repaired it and I was happy then I rejected it none of this happened! But they said they accepted that they did in fact owe us the money but now they want a payment plan or be forced to close the business.... we offered them a payment plan 10 months ago... court is on 25th November can I say no to a payment plan? because I hear bad stuff that they pay bits and bobs then nothing...