private buyer wants to take me to court part 2!!!!

[The GodMother]

can u post the POCS?

[yellowt5r]

can u post the POCS?

 

hi sorry whats POCS?

 

EDIT;ok i know what poc is now.well its 14 pages long!!some how he managed to waffle on so much its turns out to be 14 pages

[The GodMother]

the claim form is 14 pages long

Iam amazed the staff did not fall asleep reading it. Let alone the judge when he gets to read it.

[yellowt5r]

so does this mean ill have to stand in court for 100% or will they decide they will accept the case or not after i put in my defence in?

[The GodMother]

No.

the case has been accepted and now u need to put your defense in, try not to make it 14 pages.

 

The courts will send a copy to the claimant and the claimant will get 28 days to asses what u have said then to tell the courts if they want to proceed. If they dont inform the courts further then the case will be stayed.

 

If they inform the courts hey want to proceed then u will get a allocation questionairre threw where u can have to case move to ur local court.

[yellowt5r]

ok thanks for that.ok cant understand why they have accepted it though the buyer even states the crash wasnt on the HPI and the company who had the bike after the crash has gone under due to the owner of the company was wanted for selling dodgy bikes but the buyer some how presumes i knew about the damaged when i bought it (but not true at all)how can they honestly accept it?

 

did they bother to read all 14 pages??

[JonCris]

until they see your side of the argument how is the court expected to make a judgment

 

Anyway whats the point of mentioning the previous dealer are they trying to imply your dishonest also that may backfire on them because it demonstrates clearly to the court that you got ripped off 1st fact which you could use to form the base of your defence

[The GodMother]

I dont think they read all 14 pages as i think they would have got bored.

 

Any way i thought you were suspose to enclose BREIF details of the claim.

[yellowt5r]

well this is far from brief he even talks about an indicator bulb that didnt work.again i showed him them working before he bought it.the guy just has too much time on his hands he wants a bike for nothing in my eyes and he aint going to get that from me.

 

i just hope the judge sees sense,knowing my luck he will favour the buyer.thanks for the info Godmother

[yellowt5r]

until they see your side of the argument how is the court expected to make a judgment

 

Anyway whats the point of mentioning the previous dealer are they trying to imply your dishonest also that may backfire on them because it demonstrates clearly to the court that you got ripped off 1st fact which you could use to form the base of your defence

 

 

very good point the buyer did say in his statement "i got conned but still knew about the condition of the bike when i bought it".(if that make sense)

[Rob S]

It's also a good point for you that the claimant acknowledges that the HPI check did not show up the write off history of the bike. What model bike was it?

[yellowt5r]

a cbr 125

[The GodMother]

He has shot himself in the foot as he has admitted things in his evidnce that thows the case out.

 

Personal i would make sure u get your costs back for this.

[The GodMother]

JC just a question but could the op sue the insurance company for not registering the crash?

[yellowt5r]

He has shot himself in the foot as he has admitted things in his evidnce that thows the case out.

 

Personal i would make sure u get your costs back for this.

 

 

i have been told unless its over £5000 then i cant claim a penny back as much as its annoying i just want it over and done with.the evidence i said about the owner of the company that was mentioned in a witness statment will that still be read or is it only the POC thats counted

[JonCris]

There is no duty on the IC to register the right off

 

You can get ask for your court costs

[Rob S]

It's easy to see how a bike like a CBR125 would be declared a write off by the insurance company. A low speed crash where the bike just slides along the road could necessitate a new fairing and the associated brackets and fittings and the costs can rocket enormously.