Browns car company - Essex : faulty used car -court claim issued

[toystorydog]

Here is the court order and notice of hearing for ref.

 

Thankyou

Notice of hearing.pdf Court order.pdf

[dx100uk]

the orders say the judge already has documents from both sides?

so nothing for you to do other than ensure they have your required details for the Microsoft teams online hearing.

 

dx

 

[Rosie4567]

Can I ask how this resulted with regards to Browns Car Company Ltd and your hearing? Thank you 

[BankFodder]

9 minutes ago, Rosie4567 said:

Can I ask how this resulted with regards to Browns Car Company Ltd and your hearing? Thank you 

we don't even know the hearing is taken place because for some reason known only to the OP, he has even redacted the date of the hearing.

However, if you have an issue, please start your own thread and put your questions there and we will help you separately.

Posting messages on someone else's thread simply confuses things for them and also the people who would want to help them

[dx100uk]

if you have a like issue please create your own topic by hitting create or + in the top red banner

 

dx

 

[dx100uk]

are you going to redact that pdf?

post hidden

dx

 

[toystorydog]

Thankyou dx,

Dear All,

The hearing was conducted about 2 weeks ago, defendant did not show up. Judge decided he needed to see a joint expert report before making decision.

Attached is the court order. Looks like I'll need a lot of help as like there are lots to preparation listed in point 4.

I have reach out the Automotive Consulting Engineers as well as IAEA to search engineers available but only a few have responded. And some responded only will work with a solicitor. It seems like not very easy to find suitable inspection service. I'd like to ask where else I can find suitable service to conduct a joint expert inspection service?

I'd like to ask advise on how to prepare a letter of instruction to expert?

Any helps and advice will be appreciated. Thankyou in advance.

 

24 May 23 - N157.pdf

[dx100uk]

try the AA

 

[toystorydog]

Thx dx,

I'm going to ask them more clearly again tomorrow, I remember I've asked them previously but they said they didn't offer.

[dx100uk]

AA reports have been used in lots of cases here as an agreed independent report

[toystorydog]

Dear all,

Here is an update of case progress and questions on witness statement.

After sending many emails and made phone calls to find potential experts. I have successfully provided three options along with their quotes and references. A joint instruction was drafted by defendant's representative (lawgistics) and I've added all of the faults identified as focuses, along with evidence photos, car advertisement as reference ; it shall be finalize then send to the SJE by coming Monday.

 

Next, I need to create a witness statement for the court. After examining the defendant's response, I believe their main defense, aside from stating that the car was inspected and delivered without any issues, is that the diagnostic report I provided was a quotation rather than an inspection report. However, I had actually asked the defendant about their instructions for refund, return, and the requirements for an inspection garage before obtaining the requested second opinion. I sent an email confirming their selection criteria, but I didn't receive any response from the defendant. Even after submitting the second report, the defendant hasn't raised any objections or issues. I intend to stress on this point that the defendant is non-transparent, uncooperative on top of my consumer rights.

 

Draft witness statement attached. Please comment what you think?

Please advise if I have missed any significant argument which would add on to strengthen my claim?

Or if any points I made are not relevant to the court that I should remove for simplicity and different focus for judge to consider?

Thankyou in advance

 

Witness Statement draft.pdf

 

[BankFodder]

In paragraph 2, you should be referring to the 30 day right to reject under the consumer rights act. You can also refer to the 14 day distance selling rules as you have done, but you should be relying principally on your short-term right to reject because it is a defective item

In paragraph 9, you say that the defendants indicated that this was a matter for the consumer rights act. You should point out to the court that this is exactly what you are doing and that you are relying upon your short-term right to reject – 30 day rule – as outlined in paragraph 2 of your witness statement.
It is clear that the defendant acknowledges your rights and their obligations under the consumer rights act but despite this, they are refusing to apply them.

Paragraph 10, although the diagnosis which you obtained is described as a quotation, it still contains a proper evaluation of the faults in the motor vehicle and it is simply a quotation because it also includes an estimate for repairs.
There is no reason why the court should not accept this as a true list of faults which have been revealed upon inspection by the author of the quotation – in particular because it confirms the existence of the defects which have been identified elsewhere.


Paragraph 12 – the defendants claim to have opted out of the 14 day distance selling rules – but there is no opt out available – but in any event as well as rely on the 14 day distance selling rules, your cases predicated particularly upon 30 date short-term right to reject contained within the consumer rights act – section XXX (I can't remember)

 

Paragraph 16 – you have and referred to the fact that the car was not of satisfactory quality. This really is the essential element. You have referred to fitness for purpose but satisfactory is more important. Include "satisfactory quality" as well as fitness for purpose if you like

 

I'm afraid I don't want to go back through this entire thread – but can you tell us about the MOT.
It came with a recent MOT. Who was it who gave it the MOT? Did I recommend that you get a corroborative MOT from an independent garage?

Is it clear that the MOT should not have been given?

[toystorydog]

Thank you very much, your points are brilliant and exactly what I am looking for. I'll go back and rework on my statement.

About the MOT, the last one was done at a MOT center close to the defendant's location. Likely to be corroborative to the defendant.

The expert we agreed upon will avoid using the same garage and instead use his trusted one nearby. The garage where I obtained the second diagnostic is also an authorized MOT center. He mentioned that a disconnected and bypassed brake sensor should fail the MOT test. I hope this information will be included in the upcoming expert's report.

While I have photos showing the disconnected brake and other faults taken during the inspection at the garage, I am concerned that the defendant may have made changes to the vehicle after it was collected. I hope the court will take this possibility into account if it is indeed true.

[BankFodder]

You should specify to the expert that you will particular reference to  likelihood  of it passing an MOT with that item disconnected.

You are fully entitled to tell the expert that you want a particular comment on that aspect..

Please give us the name of the MOT garage which did that original MOT.

If you have photographs of the disconnection and that is changed by the dealer then you should bring that to the attention of the court and the court will form its own conclusions as to the integrity of the garage

[BankFodder]

Incidentally, you should put your request to the expert in writing.

Quote

Dear XXX

You will be inspecting my vehicle registration XXX on XXX date.

In addition to your routine inspection I would be grateful if you would say particular attention to the fact that the brakes has been disconnected and I would like you to comment on the likelihood of the car having pasta MOT in that condition.

Also I would like you to come and generally on the car's condition in relation to the recent MOT.

I am surprised you with a photograph which I took which shows that the brakes system was disconnected.

If on inspection you find that the system has been reconnected, then I would be grateful if you comment on whether there is evidence that it has only recently been reconnected and also if you could comment on the basis of the photograph as to whether it would have passed and MOT in that condition.

 

Something like that.

 

 That letter will have to be produced to the court as well

[toystorydog]

Excellent, just added to the instruction about his opinion about MOT likelihood to pass at present condition as well as based on photos provided on top of already asked whether there are signs of recent repairs.

 

About the copy to the court, I wonder is that copy together in the witness statement and court bundle package? or CC together when submit to the SJE?

[BankFodder]

Just now, toystorydog said:

About the copy to the court, I wonder is that copy together in the witness statement and court bundle package? or CC together when submit to the SJE?

????

[toystorydog]

I mean when you saids to produced the expert joint instruction the court. Is it put together in the court bundle?

 

[BankFodder]

yes

[toystorydog]

The name of the MOT was

ARROW AUTO SERVICES
17 STATION ROAD, MALDON, CM9 4LQ

The defendant is aware that I have the photos of the faults since I submitted them along with the vehicle rejection. I doubt they would be daring enough to tamper with such an obvious issue. However, one can never be completely certain.

I am certain that the defendant will try to shift the blame to user abuse or something that occurred while the vehicle was in my possession.

[BankFodder]

Write an email to the MOT centre and tell them that the car is being inspected in order to produce an expert report for court and that they will be named in the report if the inspector reports back that it should not have passed its MOT.

Tell them that if they want to contact you about this then they should do as soon as possible

[toystorydog]

Thankyou so much, I wonder any particular insight I should be aiming to retrieve here ? Or just any information they can provide potentially may show that there are some influence from defendant to the original MOT test result?

Anything else I should add to the following draft:

Dear,

I hope this email finds you well. I am writing to inform you about a pressing matter regarding a vehicle inspection that relates to a court case. The vehicle in question is associated with Browns Car Company in Essex.

As part of the legal proceedings, an expert report is being prepared for the court, and the inspection of the car at your MOT centre plays a crucial role in this process. I would like to emphasize that if the appointed inspector concludes that the vehicle should not have passed its MOT, your centre will be mentioned in the expert report.

Given the urgency of the matter, I kindly request that if you have any information or concerns related to the car's inspection, please reach out to me as soon as possible. Your prompt response would be greatly appreciated, as it will allow us to accurately present the facts in the court case.

Thank you for your attention to this matter, and I look forward to hearing from you at your earliest convenience.

Kind regards,

 

 

[BankFodder]

Don't send that. What is all this business about New hope that your message finds them well? Etc

You aren't asking for a favour or trying to marry their daughter.

And by the way, the purpose of writing to them is to get a bit of conflict going between them and the dealer.

I can imagine that the MOT station will be alarmed that they are going to be referred to in court and that their favours for the dealer are going to be publicised.

It will put extra pressure on the dealer to settle

 

Wait for a further response later

[BankFodder]

2 hours ago, toystorydog said:

 

Dear xxxxx

 

Vehicle Model XXX, Registration Number XXX

 

I'm writing in the interests of transparency to put you on notice that the above vehicle which was MOT'd by you on behalf of XXX dealer on XXX date is now subject of litigation because of its poor condition.
The court has ordered that the vehicle be inspected by an expert whose testimony will be used during the litigation and which will be taken into account by the judge.
The inspection is due to take place on XXX date.
There are a number of obvious issues with the vehicle which relate to its roadworthiness and the expert has been asked to comment on those issues particularly in addition to producing a report about the general condition of the vehicle.
If it is the expert' s opinion that the vehicle was not in roadworthy condition and should not have passed its MOT, then assuming that the dealer wishes to continue to have the matter tried in court, the judge will be asked to comment specifically on the findings of the expert in his judgement and a copy of that judgement will then be sent to Trading Standards as well as being published on the Internet.

Best wishes

signed

 

 

 

[toystorydog]

Thankyou for posting the template, I'll use this one.

Based on your above comments on the witness statement, I've made changes as draft 2 attached. Can you please take a look if this version are better now?

Witness Statement copy_draft2.pdf