Hunts motors Bedford - Faulty Car cambelt failed - i won by default/sent HCEO's - they paid in full - now set aside as court errored - new Hearing

[Andyorch]

Then put it all down in a statement and file and serve and attend the hearing.

[Doingmybest]

Thanks both, I will do. Really appreciate your help. 

[Doingmybest]

Will the following do as a statement to the court?

Not sure if I need to do a chronology.

Hunts Motors are applying for the judgement to be set aside and to vary the judgement or suspend enforcement.

The evidence that they provide is that they received no communication from the court after May 2022 and had also changed their address.

They state that following a phone call to the court that their new address was only update in January 2023.

I found out that Hunts motors had moved premises. I informed the court around October 2022. 

The Judgement was made against the defendant in November 2022.

I received the notification of the judgement in January 2023 and instructed the HCEO.

I do not believe that the defendant did not receive any notifications from the court either by post or by email; even if this was the case, they had been corresponding with the court regarding their defence and also during the mediation process.

It was their responsibility to check with the court that the case had been dismissed or was still ongoing.

Hunts Motors has requested a new hearing to set aside judgment and “defend themselves” I do not believe that another hearing is required.

They did not adhere to the law as stated clearly in the Consumer Rights Act 2015 and refused to repair or offer a full refund of the purchase price on the grounds that the goods were not of satisfactory quality and not fit for purpose.

As a consumer I was entitled to a repair or to return the car for a full refund under the ACT.

[FTMDave]

I would change "It was their responsibility to check with the court that the case had been dismissed or was still ongoing" to "It was their responsibility to inform the court of a change of address".  You could also add there "I cannot believe that a professional company did not set up a mail forwarding service or did not check their previous address for mail".

 

As half of what a judge considers at a set aside hearing is if the defendant has a realistic chance of defending the claim in court, beef up your last bit "As a consumer I was entitled to a repair or to return the car for a full refund under the Act.  The Defendant simply has no defence".

[FTMDave]

You also need to number your points and refer formally to the case and the parties.  It'll take you a couple of minutes.  Look at Witness Statements on the site.

[dx100uk]

your english/grammar is also not too hot.

 

i would refer to them as the defendant.

 

On 08/04/2023 at 13:54, Doingmybest said:

The evidence that they provide is that they received no communication from the court after May 2022 and had also changed their address.

i would also clearly state what you are saying without unnecessary waffle text.. and repeats of the same very fundamental point.

 

By Their own (in)Actions, The Defendant moved premises and failed to inform the court during an ongoing court claim

 

i cannot believe for one minute they did not visit the old premises in all that time, its a car sales business, 100's of important docs would have been in/out nor had mail redirect.

 

they are lying

 

how near is each establishment to one another? i suspect very near!

[Doingmybest]

Thanks both. Points taken and understood. I’ll take a look at other witness statements. 
 

I’ve just looked at their website and they are reselling the car. They’re making the point that the CAMBELT  has been changed.

[FTMDave]

To grant a set aside, a judge has to be convinced of two things.

 

That the defendant genuinely didn't have a chance to defend the claim.  So maybe put a sub-heading THE COURT CLAIM and list your points that they knew full well a claim was progressing.

 

Secondly, that the defendant has a chance of successfully defending the claim,.  If their defence is rubbish there's no point setting aside judgement if they'll just automatically lose again.  So another sub-heading THE DEFENDANT's DEFENCE and put a couple of points about them having no real defence.

[Doingmybest]

Many thanks for your help. It’s very much appreciated, especially on this Easter weekend. 

[Doingmybest]

Can someone check if this is okay please.

I'm aware that I have to have an introductory paragraph to introduce myself.

1.     This witness statement is made by the claimant in response to the defendant's application to the court for judgement to be set aside. "I refer to the [N244 Application notice] which is now shown marked A".

 2.     The defendant is applying to vary a judgement or suspend enforcement.

 3.     The defendant maintains that they were “totally unaware of judgement as they did not receive notification about the hearing.”

 4.     This is not true as the defendant took part in mediation on the 8^th June 2022 and as no resolution was reached, they were fully aware that the case was moving to a hearing.

 5.     The defendant states that they moved premises so did not receive any correspondence from the court.

 

6.     The claimant dos not believe that a business would move premises without arranging to have mail forwarding in place.

 7.     On the 26.07.2022, the court ordered that the claimant ‘re-serve’ an updated form N225 to the defendant. This was posted by Royal Mail special delivery on 2^nd September 2022 and signed for by ‘ALI’ who the claimant believes to be an operative of the defendant’s business - Hunts Motors LTD on 5^th September 2022 at 10:54am. "I refer to the [Royal Mail proof of delivery certificate dated 5 September timed at 10:54] which is marked B".

 8.     On the 14^th November 2022, the claimant informed the court by telephone and confirmed in writing that the defendant had changed address. "I refer to the [email correspondence dated 14^th November 2022 timed at 18:19] which is now shown marked C".

 9.     On the 1^st December 2022 The claimant received email confirmation from the court that Judgment had been entered and the order was posted and received by both parties.

10.  "I refer to the [email dated 1^st December 20:22 timed at 07:29] which is now shown marked D".

 11.  The defendant maintains that they received ‘no communication from the court after May 2022 and had also changed their address.’

 12.  They state that following a phone call to the court they were informed that their new address was only updated in January 2023.

 13.  The claimant ascertained that the defendant had moved premises and update the court in October 2022. 

 14.  The Judgement was made against the defendant in November 2022.

 15.  The claimant received the notification of the judgement in January 2023 and instructed the HCEO.

 16.  The claimant does not believe that the defendant received no notifications from the court either by post or by email; even if this was the case, the defendant had been corresponding with the court regarding their defence and also during the mediation process.

 17.  It was the defendant’s responsibility to check with the court that the case had been dismissed or was still ongoing.

 18.  The defendant has requested a new hearing to set aside judgment and “defend themselves” the claimant does not believe that another hearing is required.

 19.  The defendant did not adhere to the law as stated clearly in the Consumer Rights Act 2015 and refused to repair or offer a full refund of the purchase price on the grounds that the goods were not of satisfactory quality and not fit for purpose.

 20.  As a consumer, the claimant was entitled to a repair or to return the car for a full refund under the ACT which was refused by the defendant.

 21.  The court has already looked at the case and made judgement for the claimant.

[dx100uk]

On 09/04/2023 at 13:28, dx100uk said:

how near is each establishment to one another? i suspect very near!

 

[Doingmybest]

About 12 miles dx

[dx100uk]

might be worth pointing that out too?

 

dx

[Doingmybest]

I'll add that thanks

[FTMDave]

On 09/04/2023 at 15:26, FTMDave said:

So maybe put a sub-heading THE COURT CLAIM and list your points that they knew full well a claim was progressing.

So another sub-heading THE DEFENDANT's DEFENCE and put a couple of points about them having no real defence.

Is there a reason you decided not to do this?

[Doingmybest]

No reason but to be honest I’ve really struggled with this whole thing. I will do as you advise. Thank you 

[FTMDave]

OK, when you get a moment post up a revised draft.

[Doingmybest]

Hi, I hope this is better:

 

 

1.     This witness statement is made by the claimant in response to the defendant's application to the court for judgement to be set aside. "I refer to the [N244 Application notice] which is now shown marked A".

 

2.     The defendant is applying to vary a judgement or suspend enforcement.

 

3.     The defendant maintains that they were “totally unaware of judgement as they did not receive notification about the hearing.”

 

 

The Court Claim

 

1.     The Claimant issued a claim against the defendant on the 11.05.2022:

 

a.     The claimant requested a repair or full refund of the purchase price of £2900 on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015.

 

b.     The defendant refused to repair and/or refund the cost stating that they only offer a 3-month warranty and are not going to address the issues.

 

c.      The defendant totally disregarded the Consumer Rights Act 2015.

 

2.     Mediation between the parties was scheduled for the 8^th June 2022. "I refer to the [email correspondence dated 20^th May 2022 timed at 10:00] which is now shown marked B".

   

 

The Defendants Defence

 

1.     The defendant maintains that they received ‘no communication from the court after May 2022 and had also changed their address.’

 

2.     The defendant states that they moved premises so did not receive any correspondence from the court.

 

3.     The defendant’s new address is in the same town an around 12 miles from their previous one.

 

4.     The claimant does not believe that a business would move premises without arranging to have mail forwarding in place.

 

5.     The defendant participated in mediation on the 8^th June 2022 and as no resolution was reached, they were fully aware that the case was moving to a hearing.

 

6.     On the 26.07.2022, the court ordered that the claimant ‘re-serve’ an updated form N225 to the defendant. This was posted by Royal Mail special delivery on 2^nd September 2022 and signed for by ‘ALI’ who the claimant believes to be an operative of the defendant’s business - Hunts Motors LTD on 5^th September 2022 at 10:54am. "I refer to the [Royal Mail proof of delivery certificate dated 5 September timed at 10:54] which is marked C".

 

7.     On the 14^th November 2022, the claimant informed the court by telephone and confirmed in writing that the defendant had changed address. "I refer to the [email correspondence dated 14^th November 2022 timed at 18:19] which is now shown marked D".

 

8.     On the 1^st December 2022 The claimant received email confirmation from the court that Judgment had been entered and the order was posted and received by both parties. "I refer to the [email dated 1^st December 20:22 timed at 07:29] which is now shown marked D".

 

 

9.     The Claimant states that following a phone call to the court they were informed that their new address was only updated in January 2023.

 

10.  The claimant ascertained that the defendant had moved premises and updated the court in October 2022. 

 

11.  The Judgement was made against the defendant in November 2022.

 

12.  The claimant received the notification of the judgement in January 2023 and instructed the HCEO.

 

13.  The claimant does not believe that the defendant received no notifications from the court either by post or by email; even if this was the case, the defendant had been corresponding with the court regarding their defence and during the mediation process.

 

14.  It was the defendant’s responsibility to check with the court that the case had been dismissed or was still ongoing.

 

15.  The defendant has requested a new hearing to set aside judgment and “defend themselves” the claimant does not believe that another hearing is required.

 

16.  The defendant did not adhere to the law as stated clearly in the Consumer Rights Act 2015 and refused to repair or offer a full refund of the purchase price on the grounds that the goods were not of satisfactory quality and not fit for purpose.

 

17.  As a consumer, the claimant was entitled to a repair or to return the car for a full refund under the ACT which was refused by the defendant.

 

18.  The court has already looked at the case and made judgement for the claimant.

 

 

[FTMDave]

The individual points are superb, but I think you've got them in an order that doesn't make sense.

 

Work calls now but I promise to try to reorder when i knock off this evening.  I'm afraid I have Night Owl habits!

[FTMDave]

I think it runs more logically in this order.  I've cut out your points 10 and 11 which are repetition.  In red there are a few added words.  I think in (8) it should be "marked E".

 

I've knackered the numbering (temporarily!)

 

Hang on for a day or so and see if any of the other regulars have comments.

 

 

1.     This witness statement is made by the claimant in response to the defendant's application to the court for judgement to be set aside. "I refer to the [N244 Application notice] which is now shown marked A".

 

2.     The defendant is applying to vary a judgement or suspend enforcement.

 

3.     The defendant maintains that they were “totally unaware of judgement as they did not receive notification about the hearing.”  The defendant maintains that they received no communication from the court after May 2022 and had also changed their address.

 

The Court Claim

 

1.     The Claimant issued a claim against the defendant on the 11.05.2022:

 

a.     The claimant requested a repair or full refund of the purchase price of £2900 on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015.

 

b.     The defendant refused to repair and/or refund the cost stating that they only offer a 3-month warranty and were not going to address the issues.

 

c.      The defendant totally disregarded the Consumer Rights Act 2015.

 

2.     Mediation between the parties was scheduled for the 8^th June 2022. I refer to the [email correspondence dated 20^th May 2022 timed at 10:00] which is now shown marked B".

 

2.     The defendant states that they moved premises so did not receive any correspondence from the court.

 

3.     The defendant’s new address is in the same town an around 12 miles from their previous one.

 

4.     The claimant does not believe that a business would move premises without arranging to have mail forwarding in place.

 

5.     Despite the move, the defendant participated in mediation on the 8^th June 2022 and as no resolution was reached, they were fully aware that the case was moving to a hearing.

 

6.     On the 26.07.2022, the court ordered that the claimant ‘re-serve’ an updated form N225 to the defendant. This was posted by Royal Mail special delivery on 2^nd September 2022 and signed for by ‘ALI’ who the claimant believes to be an operative of the defendant’s business - Hunts Motors LTD on 5^th September 2022 at 10:54am. "I refer to the [Royal Mail proof of delivery certificate dated 5 September timed at 10:54] which is marked C".

 

7.     On the 14^th November 2022, the claimant informed the court by telephone and confirmed in writing that the defendant had changed address. "I refer to the [email correspondence dated 14^th November 2022 timed at 18:19] which is now shown marked D".

 

8.     On the 1^st December 2022 The claimant received email confirmation from the court that Judgment had been entered and the order was posted and received by both parties. "I refer to the [email dated 1^st December 20:22 timed at 07:29] which is now shown marked E".

 

9.     The Claimant states that following a phone call to the court they were informed that their new address was only updated in January 2023.

 

12.  The claimant received the notification of the judgement in January 2023 and instructed the HCEO.

 

13.  The claimant does not believe that the defendant received no notifications from the court either by post or by email; even if this was the case, the defendant had been corresponding with the court regarding their defence and during the mediation process.

 

14.  It was the defendant’s responsibility to check with the court that the case had been dismissed or was still ongoing.

 

The Defendant's Defence

 

15.  The defendant has requested a new hearing to set aside judgment and “defend themselves” the claimant does not believe that another hearing is required.

 

XX.  Even if the court were to accept that the defendant really had not received court orders, the fact is that the defendant would have no chance of successfully defending the claim.

 

16.  The defendant did not adhere to the law as stated clearly in the Consumer Rights Act 2015 and refused to repair or offer a full refund of the purchase price on the grounds that the goods were not of satisfactory quality and not fit for purpose.

 

17.  As a consumer, the claimant was entitled to a repair or to return the car for a full refund under the ACT which was refused by the defendant.

 

XX.  The defendant simply has no defence in law.

 

18.  The court has already looked at the case and made judgement for the claimant.

 

 

[FTMDave]

A couple of things.  In (7) and (9) are you stating that you, twice, contacted the court about the business's move?  Or in (9) is there a typo and you mean the defendant called the court?

[Doingmybest]

Hi Dave, I’ll never forgive you for messing with my numbering.

I really appreciate you taking the time with this. 
yes in 7 I spoke with the court and followed up with email and 8, the court emailed me.

 

 9 is a typo. I never saw that.

thanks again. Really appreciate all the help. 

it definitely runs logically now.

 

Edited May 9, 2023 by Doingmybest

[FTMDave]

I'm thinking you should cut the parts out about you informing the court of the change of address.  If you point out that the court was told of the change of address but the court billed up, that will help Hunts Motors.  Don't make their case for them.  Just leave it that it was their responsibility to inform the court of a change of address.  I would go with - 

In the XXXXX County Court

Claim number XXXXX

BETWEEN                          

XXXXX   Claimant

and

XXXXX   Defendant                  

Witness Statement of XXXXX

 1.     This witness statement is made by the claimant in response to the defendant's application to the court for judgement to be set aside. I refer to the [N244 Application notice] which is now shown marked A.

 2.     The defendant is applying to vary a judgement or suspend enforcement.

 3.     The defendant maintains that they were “totally unaware of judgement as they did not receive notification about the hearing.”  The defendant maintains that they received no communication from the court after May 2022 and had also changed their address.

The Court Claim

 4.     The Claimant issued a claim against the defendant on the 11.05.2022:

a.     The claimant requested a repair or full refund of the purchase price of £2900 on the grounds that the goods were not of satisfactory quality under the Consumer Rights Act 2015.

b.     The defendant refused to repair and/or refund the cost stating that they only offer a 3-month warranty and were not going to address the issues.

c.      The defendant totally disregarded the Consumer Rights Act 2015.

 5.     Mediation between the parties was scheduled for the 8th June 2022. I refer to the [email correspondence dated 20th May 2022 timed at 10:00] which is now shown marked B.

 6.     The defendant states that they moved premises so did not receive any correspondence from the court.

 7.     The defendant’s new address is in the same town at around 12 miles from their previous one.

 8.     The claimant does not believe that a business would move premises without arranging to have mail forwarding in place.

 9.     Despite the move, the defendant participated in mediation on the 8th June 2022 and as no resolution was reached, they were fully aware that the case was moving to a hearing.

10.     On the 26.07.2022, the court ordered that the claimant ‘re-serve’ an updated form N225 to the defendant. This was posted by Royal Mail special delivery on 2nd September 2022 and signed for by ‘ALI’ who the claimant believes to be an operative of the defendant’s business - Hunts Motors LTD on 5th September 2022 at 10:54am. I refer to the [Royal Mail proof of delivery certificate dated 5 September timed at 10:54] which is marked C.

11.     On the 1st December 2022 The claimant received email confirmation from the court that Judgment had been entered and the order was posted and received by both parties. I refer to the [email dated 1st December 20:22 timed at 07:29] which is now shown marked D.

12.  The claimant received the notification of the judgement in January 2023 and instructed the HCEO.

13.  The claimant does not believe that the defendant received no notifications from the court either by post or by email; even if this was the case, the defendant had been corresponding with the court regarding their defence and during the mediation process.

14.  It was the defendant’s responsibility to check with the court that the case had been dismissed or was still ongoing, and to inform the court of any change of address.

The Defendant's Defence

15.  The defendant has requested a new hearing to set aside judgment and “defend themselves” the claimant does not believe that another hearing is required.

16.  Even if the court were to accept that the defendant really had not received court orders, the fact is that the defendant would have no chance of successfully defending the claim.

17.  The defendant did not adhere to the law as stated clearly in the Consumer Rights Act 2015 and refused to repair or offer a full refund of the purchase price on the grounds that the goods were not of satisfactory quality and not fit for purpose.

18.  As a consumer, the claimant was entitled to a repair or to return the car for a full refund under the Act which was refused by the defendant.

19.  The defendant simply has no defence in law.

20.  The court has already looked at the case and made judgement for the claimant.

Statement Of Truth:

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Edited August 11, 2023 by dx100uk
Extra info added

[Doingmybest]

Fair point. Thank you so much. 

[FTMDave]

I've added the bureaucratic bits at the start and the end.

 

Tomorrow e-mail it to the court.  Make sure you put in the subject line "Opposition to set aside application" + claim number + the names of the parties.  Obviously request a return receipt.

 

I don't know how you've been communicating with Hunts.  if by e-mail simply copy them the mail.  if not print out their version with exhibits, send by 2nd class post, and get a free Certificate of Posting from the post office.