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court appearence what to expect.

99 replies

breeze · 07/01/2003 11:43

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

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mum2toby · 20/03/2003 12:41

That confused the hell out of me Breeze!! Dunno what that meant, whether it's good news or bad news! Hope it's good.

lucy123 · 20/03/2003 12:59

breeze - it means that if you feel that the fact they have not submitted any evidence will prejudice your case, then you can apply for an adjournment. This will cost money, but you can add the cost to your claim against the defendant. You will still have to go to court anyway.

I think I mentioned before that actually getting money from the defendant when you win is not necessarily easy, so don't apply for an adjournment unless you really think you need to. In general, if they don't submit any evidence it will be in your favour anyway (as the judge will assume everything you have said is true).

Good luck for 3rd April and make sure you plan a good celebration afterwards! (you did say it was also your birthday didn't you?)

lucy123 · 20/03/2003 13:03

Just re-read your post - yes, if they say something unexpected and you feel you need time to find evidence to disprove it then you can also ask for another hearing. It is unlikely that the judge will accept evidence like that from them though (as they missed the deadline).

I would think it quite likely that they are just ignoring the case and I bet you they don't turn up to the court hearing.

breeze · 20/03/2003 13:04

Thanks Lucy123,

I will turn up and try to go ahead with the case, yes it is my birthday. Would of been nice to sit in a pub and slowly get sozzled, but then again thats life.

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breeze · 02/04/2003 14:27

Just another quickie before tomorrow. My dh is a witness, but is he allowed to be the main speaker, as we have gone over this again today and he has a much clearer mind then I have as I get more emotional. Or do I have to do it.

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breeze · 02/04/2003 15:34

Don't worry, I have just spoken to the court and they advised that he can represent me as long as I tell the judge beforehand.

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PamT · 02/04/2003 18:07

Good luck breeze, I hope justice prevails.

lucy123 · 02/04/2003 18:11

yes, best of luck. And make sure you have something nice to do afterwards. And happy birthday!

Batters · 03/04/2003 09:28

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sobernow · 03/04/2003 09:30

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breeze · 03/04/2003 12:16

Thank you all. I won, I actually won, I am so pleased. the garage were not prepared at all and had no defence whatsoever. When the judge awarded in my favour they had a moan about how they were being picked on etc etc. It was so funny.

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CAM · 03/04/2003 12:19

Well done, Breeze, hope they pay up pronto.

mum2toby · 03/04/2003 12:26

CONGRATS Breeze..... that'll teach em.

What d'you win?

breeze · 03/04/2003 12:31

I got all the money claimed for including court costs.

Once I realised it was going our way it was quite amusing seeing them lost it with the court and themselves, they actually said that they are getting picked on.

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mum2toby · 03/04/2003 12:44

Aw..... bless. You're a hard woman Breeze!

lucy123 · 03/04/2003 12:51

excellent news breeze! Did you actually get the money too (I mean cash / cheque in your hand)? If so that is absolutely fantastic.

breeze · 03/04/2003 12:52

No they have agreed to pay by bankers draft by 2nd May. lets hope I receive it, or else it will be back to court again.

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Batters · 03/04/2003 13:12

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janh · 03/04/2003 14:22

breeze, that's brilliant! Well done and happy birthday!

sobernow · 03/04/2003 15:30

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ks · 03/04/2003 15:35

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leese · 03/04/2003 19:00

I love a story with a good ending - good for you Breeze!

Mocha · 03/04/2003 20:46

well done & happy birthday

SoupDragon · 03/04/2003 21:09

Excellent news!

jasper · 04/04/2003 00:25

great news breeze

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