court appearence what to expect.

[breeze]

6 months ago i bought a used car from and garage and to cut a long story short, i was ripped off and it would take about 2 thousand to put my car right, i paid 2 and a half thousand for it in the first place. I tried to get garage to sort but was fobbed off until after warranty and was then told to go away not our problem, i decided i was going to take this further and thought that mentioning court proceedings would make them do it, but no it has gone all the way and i have to go to court, all i have ever seen is court on telly then you get cross examined and ripped to pieces, i am sure its not like this, but anyone have any idea's what to expect.

I suffer panic attacks and have been tempted to drop this, but we saved ages and i am not going to give in. help

just been past garage on bus, and outside said QUALITY USED CARS AHHHHHHH

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I don't think small claims hearings are open to the public as they are usually held in a small private room with just the District Judge and plaintiff/defendant (and/or solicitor if used).

I can't leave this alone, can I? I know I sound like some second-rate barrack room lawyer but I've though of another way you can use their lie against them Breeze. If they were so keen to do the repairs FOC then they obviously knew the car was a wreck in the first place and therefore knowingly sold it to you in an unacceptable, and possibly dangerous,condition. It's sounding more like fraud now, so the worse you can make it sound in court (and it would only be the truth from your point of view) the better your case will be. Make no concessions, it is quite unfunny to be sold a car that could be dangerous especially when you have children to drive around. Don't be frightened to make the emotional case.

Just had another thought, i sent those letters to the garage by recorded delivery and contracted royal mail to confirm they have been received, do you think that it is worth paying royal mail to get a copy of the signature, or do you recon the judge will just take the receipt as proof of posting, its not cheap to obtain these signature sure its about 3 pd each one.

If you go to www.royalmail.com you can go into the tracker screen and it tells you when the letters were delivered - you could then print out that page. Although it wouldn't give a signature it would prove that they were delivered.

Thank-you pamt, that was an excellant idea, i have done that thank you.

Also the judge would almost certainly accept that a letter being sent by recorded delivery was proof of acceptance.

Can I ask when the court date is?

Our court has a back log, the file has been with the judge sunce mid dec, waiting for a date now, i have been without car since september, no fun taking a 3 year old around in this weather, dh works 30 miles away so can't have his car. I am expecting to hear any day now (hopefully).

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I have just contacted the courts for an update, and was told that it has been passed for a court date. I ask them how long we are likely to wait and they said 'don't worry you will have at least 2 days notice', is it likely to be this short notice as i will need to arrange dh and ds etc. Also someone said that i will have to go into the room on my own and my dh will have to wait outside. is this true?

a friend told me this after i had contact the court.

No it is not true, you can take dh into the court room ,but he may not be asked (or allowed) to speak unless he is listed as a plaintiff or a witness.

CAM, that you so much, he was there to hear a phone conversation that they are saying didn't happen, so he probably will be called as a witness.

Has he put a witness statement into the court? If not, try to get one in straightaway and take a copy to the hearing.

I am really pi**ed off now, firstly because i have just got the date through and its 3rd April, which is ages away for another 10 weeks or so without my car, and secondly because my birthday is on that date. What are the chances.

365-1

happydays

I'm not sure this is a viable solution but...
can you possibly add on the expenses it would take to rent a car from now until then? You'd first have to ask the court if those expenses are allowed to add on and then second have to tell the garage. Definitely a gamble. I really feel for you, especially as we might be in your situation soon. (That always helps, huh?)

The amount our ex-landlords want is just over the small claims court amount, but I'm willing to ask for that limit. We're expats and the company put down the deposit-- I think they thought it was easy money. We're the ones that pay for it though and they've offended me to no end.. I'm more than willing to go to court at this point and actually would welcome the chance to defend myself and my sons.

So please keep posting and I do hope that it all works out for you. Y'know 1/365 chance is just not all that much. It does suck to have it be on your birthday.

breeze - since it's your birthday you should make a big deal of it.

We also took ex-landlords to the small claims over our deposit and the way we saw it was that even if we didn't win (we did and by the sounds of it you probably will too) we would at least have succeeded in p*ing them off! Really the small claims court is very informal and you may even enjoy yourself (we did! perhaps we have sadder little lives than most).

The bad news is that if you do win, actually getting the money can be quite tricky so do not spend any more money than you need to. Also be sure to ask advice on getting the money while you are there - you may need to pay in order to send the bailiffs in.

good luck though.

I have just phoned the court to see if the garage have put in their witness statements and were told that they have not done so and that they should have done so by 18th February. I was then told that she would refer it to the judge to look at further. i really hope that this can get sorted without the need for it going to court.

Breeze, you can now try for a judgment to be entered in your favour if the garage have not complied with the timescale of the hearing. Write (preferably send a fax) to the District Judge asking for judgment to be entered on those grounds. (Don't forget to put your case number on the fax!) It will be a way of moving things along. No doubt the court will accept late service of their witness statements (if there is not seen to be a fair trial it will not actually help you) but the garage may just be playing the game up until the date of the hearing and then will settle with you. Do not give up!

Thanks cam, the lady with whom I spoke to advised that she will pass the file back to the judge and I will have to wait for a letter in the next week or so. I just wish this whole thing was sorted out, because ds and I both got soaked today on a trip I could have made in my car.

Have just received a letter from the dictrict judge saying "Any order I make will not be issued and served in time for the hearing. Notify claimant that matter remains listed for hearing on 3rd April and if they are disadvantaged by non-receipt of statements they can seek an adjournment and costs against the defendant."

Not 100% sure what this now means, does it mean that if at the court the garage try and bring something up I can ask for it to be put back. I mean I just want this matter sorted.