Derby Car Centre Ltd/Pride Park - Vehicle Not Fit For Purpose***Judgment/paid in Full***

[Ganymede]

Thanks been told a small claims will take 6 months different people been assisting me as feel out my depth and then I appreciate it gets too much and they walk away and left to sort it myself which I can`t someone else presently helping me would have preferred to have dealt with this long before now at court. Like CAG which as always been good and accurate just nervous at being left to sort it out myself if I involve help what could CAG do for me please

 

This is a self help website where people volunteer and offer advice and guidance. There are examples of documents you could use and adapt to fit your case etc.

 

CAG won't do all the work for you and run your claim, you'll have to do that yourself.

[Ganymede]

I am quite aware it is a self help group been using it for near on 10 years and donating long enough to know that. I just laid it bare that I am not sure at what I am doing and do not want to start something where I get stuck and can`t get the help I need in time with dead lines to meet CAG have been a life saver for me and other relatives over the years. If I did not need a lot of support or if I was confident to know what I am doing and if I did not have disabled relatives to look after I would not be here in the first place so I could do without your comments Ganymede I am quite aware how CAG works I do not need your criticism right now

 

I don't recall criticising.

[Ganymede]

Would anyone know if relative would have to pay to put the small claims in they have been off sick from work for a few months and are living off £80 + statutory sick pay

 

It depend on their gross monthly income, income from partner, if they have dependant children and if they have savings or shares etc so impossible to give a yes or no answer.

 

Google "fee remission" and look at the criteria.

[Ganymede]

Notice of hearing of application 19th January 2016 Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, stayed or varied within 7 days of receiving it.

 

So I suppose I have to find out how I put an application to stay proceedings?

 

Why do you want to stay proceedings?

 

The Court allowed enforcement to continue with the execution of the judgment didn't it?

[Ganymede]

Yes an application notice was put in by both defendants N244. "What order are you asking the court to make and why" 1. The defendants apply for relief from sanctions in respect of the strike out of the application to set aside the default judgement. 2. The execution of the judgement be stayed immediately pending the outcome of the above request.

 

Then a Notice of hearing application as been received stating. Upon the courts own motion. The court has made this order of its own initiative without a hearing. If you object to the order, you must make an application to have it set aside, stayed or varied within 7 days of receiving it.

 

1. Stay of execution refused

 

2. The hearing of the defendant`s application as a time estimate of 45 minutes.

 

I want to stay this proceeding above I assume? yes the court allowed enforcement to continue with the execution but this application seems to want to over turn that? no idea what it means and cannot get anyone else who seems to know what it means so I assume I have to put an application in to object to this hearing as I have no idea what it means for my relative being the applicant. It maybe that it as got to point where may need a solicitor as no idea how this order affects relative or as I said what it even means as applicant has to attend

 

I still don't understand why you think proceedings should be stayed. Your relative can continue enforcement if they wish and the Defendant's latest application will not or prevent this.

 

The Defendant's application will continue to a hearing where your relative will need to object to him being granted relief from sanctions and the set aside.

 

Your relative doesn't need to make a counter application, if they wish they can file a witness statement at Court stating their objections to the application and their reasons it should not be granted.

[Ganymede]

also a copy of the court order the Director is under by the courts concerning is business to treat customers fairly and to sort their complaints out

 

Do these relate to other Court claims and not the one you are helping your relative with?

 

You are getting confused regarding the set aside. The Court has made an order on it's own granting the Defendant's request for another set aside hearing (but denied their request to stay enforcement proceedings) and so the Court included the paragraph at the bottom about setting aside that order allowing the hearing. It's pointless to apply to set aside the Order allowing them another hearing, just wait until the Court set a hearing date then send your witness statement with your objections as to why the Defendant should be refused relief from sanctions and a set aside. Send it to the Court and both Defendants.

[Ganymede]

Send the statement to the solicitor if they are now acting for the Defendant. Send a copy to the Court too. The Court Order will tell you when to do it.

 

There are plenty of examples online for the format of the witness statement. It needs a Court heading and numbered paragraphs etc but most importantly to be signed with a Statement of Truth.