County Court Judgement is not the end!

  Diemmess 18:09 18 Mar 2010

Having waded through the huge post click here
I am hoping soon to see that an award has been paid.
2O years ago I supported my son in an action over his purchase from a "dealer" of a Triumph Herald soft-top which he bought as in "need of minor restoration"

My son sprang it on me as a surprise - "Would I take him to pick up his new purchase 50 miles away."

To to keep this as short as possible

Friday: MOT and car ready for sale.
Saturday purchased after I had pointed out a bald tyre which they replace with a used one.

Exhaust dangling by the time we were home.

When jacked up the door swung open!
Phoned the seller asking for a refund less the cost of the door skin which had been part of earlier discussion. Not interested!

Had the car assessed by friendly local firm Pronouced rubbish, MOT failure.

MOT examiners: not interested claiming that 3 days had elapsed!

Trading Standards:
Interested but took so long to send an examiner that the car was in pieces by the time he came and "decided not to prosecute."

Local solicitor: Organised County Court action and a day set for trial.

On the day Judge declined to try the case, saying he had seen a document which he should not have seen and couldn't continue. Court's fault, but no financial penalty on the Court.

Second hearing was staggeringly different from anything I had imagined. Forget TV dramas this was so slow!

Set for two days it was over in less than one and we were awarded costs as well.

Two months later and still no payment.

Fortunately for us, though the firm had ceased to exist, one partner was still working and it took a writ of bankruptcy to extract £11,000 from him and close.

Had the firm refunded in the beginning they would have repaid only, and saved nearly £10K

Pitfalls missed thank goodness.
If the defendant offers (into Court) a settlement that the judge looks at after deciding the case, and His Honour finds it better than he was going to award, the plaintiff has to bear all the costs!

If the defendant has no money you will have to pay the costs anyway.

  ronalddonald 20:01 22 Mar 2010

good luck

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