POC for second hand car

[jodyperry]

Also the only mileage I can find is a hmrc standard mileage at 45p per mile is this what I use?

[sailor sam]

Also the only mileage I can find is a hmrc standard mileage at 45p per mile is this what I use?

 

I believe the most you can claim for loss of earnings is £50 per day. In respect of travel you can use public transport and present the tickets (although some judges will accept your word) at court or yes, you can claim mileage at what ever the set rate is if you travel by car.

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[dw190]

What would be the normal hours to claim ? Sorry yes it will be my sister attending unfortunately I have wedding cakes to make lol so can't even go with her, I don't want to seem greedy to the judge I think I've probably spent at least 5 hours though?

 

Its not a case of being greedy. A claim for time spent is legitimate but the amount of the claim must not exceed what a solicitor would haave charged. So if a solicitor could have filled the claim form in 30mins and charged £200 per hr you could not exceed £100. Your five hrs is probably about right. If you put time spent approx five hrs and claim four at £18.00 it will look not to be greedy.

 

HMRC mileage rate has always been an acceptable figure in the CC.

[jodyperry]

Well today's the day im so nervous for her I hope he gets shown for a bloody con man preying on young families! So angry he allowed my niece and nephew to get into that car! Anyway my sister read me out a bullet point timeline to have with her amongst other things just so that. She wouldn't just go. To pot! As she was reading it out in bullet point form I couldn't help but think if I was a judge I would be doing this bloke for wasting court time! I'm going to list them any thoughts would be appreciated. Her hearing is 10.30 so I'll keep you informed hopefully it's good news.

 

31st jan - car purchased

1st feb - couldn't start car

14 feb- car back from garage after a week of being unable to contact defendant

28 feb - finally contacted offered £100 for repairs

13 march - mot failed garage advises not to drive as is a death trap

20 march - defendant written to requesting refund

4 April - letter received from dependent stating solicitor will be in contact*

21 may - issued started small claim via mcol

25 may - poc sent to court and defendant*

13 June - entered judgement against defendant

5 July - warrant issued due to no contact

16 aug - informed that defendant has applied for judgement to be set aside

3 sep - court date received

10 oct - evidence of the defendant receiving poc via signed for delivery sent to court and defendant

16 oct- letter received from dependent asking to negotiate settling out of court

16 & 17 oct - telephone calls between parties defendant offering to fix the car or pay £800 to buy back the car or go to court and only get partial payments

17 oct - phone call from defendant advising me not to attend court hearing

[jodyperry]

well what an ass! she walked in only to find there was another bloke there sueing the same man for the same thing! and the judge didnt even listen to anything although she had the royal mail proof the courts can not proove that they sent anything? whats the bloody point in them sending anything if everyone can say o i didnt get it!!!!

[sailor sam]

So what happened... did the respondent turn up? Did she not have an opportunity to object?

 

Please Note

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[jodyperry]

Yea he turned up and said he didn't receive paperwork which judge allowed! If they allow that as an excuse then they should send all mail recoreded. To make it worse when she got there he was there for two cases the other bloke seeing him for a dodgy car and he hadn't responded. He got told they were running behind and they would have to come back at 2 then after lunch the dodgy car salesman didn't turn up so the other bloke won his case ! Good for him of course and I hope the judge thought to kick himself in hindsight for making him look an ass!

[sailor sam]

Sounds odd to me. As far as I know the judge needs to decide whether the respondent's defense has any chance of success/ If not, then he should refuse the application because for one thing, its a waste of the court's time to set judgement aside. Having another claimant against the same respondent for a similar matter should of given the judge a clue.

 

Did your sister ask for her travel costs to be added to the claim?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidance only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[jodyperry]

I'm not sure she even got a chance I thought it was all a bit odd as she said the judge made it quite clear he thought the bloke was a liar and said if it had stated on the mot thing that the car was in a dangerous condition then he wouldn't of set it aside and that she just needs to get a latter stating that. He asked what his defence would of been and when he said that he did not know the car was in such a bad condition the judge told him that that wasn't a defence!

[sailor sam]

So how do you know that the application to set the judgement aside wasn't struck out?

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[jodyperry]

Its my sisters claim and she was there

[heliosuk]

You cannot use the fact that the judge was hearing another case against the same dealer and won as grounds that your case will succeed. Each case has to be judged on it's own merits.

 

As pointed out previously, whilst the judge might think that the guy is a liar he has to give the benefit of doubt and the opportunity for the defendant to prove his case so automatically has to set aside. This is a fundamental of the justice system.

 

Which is why I keep saying SOGA is not what you think it is and is far too easy to defend when it comes to used cars.

 

Yes it seems all wrong and is but that is how the system works and it works well.

 

You say he has received the complaint/and paper work, they say they didn't. You provide proof he did, he has to prove he didn't. End of really.

 

All back to square one.

[jodyperry]

I'm not presuming I'll win because of that he only won cause the guy didn't turn up at court I imagine his would of gone much the same way if he had. What's now annoyed me is the judge has told him what he said was no defence so he now has a heads up to go and find another excuse

[heliosuk]

Ich verstehe nicht.

[jodyperry]

OK, the bloke did not put in a defence so again i have won judgement by default! i dont really know where i go from here. The paperwork did not say how long he has to pay and i dont know if the bailiff money i already paid still stands and i just instruct them to carry on ? any ideas?

[jodyperry]

Hi I have just paid for the final hearing after our justice system has let this man overturn Judement twice! I have now found out that he is due to have his company dissolved on 12th June and don't know what to do next. Am I fighting a losing battle?

[sailor sam]

Hi I have just paid for the final hearing after our justice system has let this man overturn Judement twice! I have now found out that he is due to have his company dissolved on 12th June and don't know what to do next. Am I fighting a losing battle?

 

How/why did he get judgement set aside a second time?

 

Unless your claim was made against a LTD company, it matters not that he dissolves it. Your claim (I hope) is against him, not his company. (i.e. Mr Joe Bloggs T/A Rip Off Car Sales).

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.