How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Joshua Your Own Question

Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
35043042
Type Your Law Question Here...
Joshua is online now

Have bought a motor vehicle and paid in full, on 10th march,

Resolved Question:

Have bought a motor vehicle and paid in full, on 10th march, this was a distant selling
sale, trader did not deliver as promised, also i then found other information about
the vehicle i have already contacted trading standards about issues, so currently the trader has my money and the vehicle. I started small claim process so far the defendant
has responded defending the claim. So am waiting for the next stage but i am wondering what they would be defending also when they responded the defendant has changed address
as of 24th march! i have evidence of the original sale and company in question is still trading
Submitted: 3 years ago.
Category: Law
Expert:  Joshua replied 3 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I clarify that the vehicle was never delivered at all please?

Joshua :

Is the seller a business seller as opposed to a private seller?

Joshua :

How did you pay?

Joshua :

Did you pay a deposit or any part of the cost of the vehicle by credit card?

Joshua :

You mention a company. Is it a limited company?

Customer:

Hi ! lost my connection

Customer:

The vehicle a motor camper van was not delivered, the company is registered company

Customer:

i paid by bankers draft

Joshua :

Thanks

Joshua :

Has the company given a reason for failure to deliver? What is the company's principal defence to your claim in the small claims court?

Customer:

when i phoned trader at the time and i asked for a refund, the man just told me ;The money had been spent on stock:

Customer:

he then told me he would have to try and resell the vehicle,

Customer:

I started my small claims claim on the 14th april he had responded the court document is stamped

Customer:

30th april he has a change of contact address, he has ticked number 1 box ::I intend to defend all of this claim:

Customer:

im baffled as to what can he claim?

Customer:

i had in the meantime before small claims procedure written to him 3 times requesting

Joshua :

Thanks. Was the vehicle a custom vehicle made to your order or just a vehicle purchased from his stock?

Customer:

refund, he had ample opportunity to contact me as my name and address

Customer:

were on all my letters interestingly he never sent me any documents for the vehicle

Customer:

It was a 1993 VW camper van classic van

Customer:

i had searched on company registered companies when i saw he had move premises he moved on the 24th march

Customer:

Be back in 5

Joshua :

Thanks. Based on what you say the sale would be covered as you note yourself by the Distance Selling Regulations under which you are entitled to cancel your order within 7 working days from the date of delivery which has not yet occurred. This is an absolute right to which there is no defence for the trader.

Joshua :

from what you say you have already given written notice of your request to cancel the order and this being the case you may consider writing to the court together with a copy of your evidence of written cancellation stating that the purchase is one that is governed by the DSR under which you have given written notice to cancel; delivery of the vehicle has not taken place and accordingly under the provisions of the DSR a refund is immediately due and there is no defence available to the trader. Accordingly you can consider requesting that the court makes summary judgement against the trader

Joshua :

Summary judgement can be made at the discretion of the judge on request if you have evidence that demonstrates that on the balance of probability there is no defence available to the defendant. This can shortcut the entire process if successful and give you immediate judgement. Based on what you say there would appear to be no defence available to the trader.

Customer:

Apparently the trader has this other 14 days to complete this ;Defence:

Joshua :

if summary judgement is granted by the court he will have no opportunity to submit a defence. You can request summary judgement at any time.

Customer:

i do not know what this defence would be i do know at least the court claim seemed to make him move

Customer:

as he did not respond at all after writing,

Joshua :

Can I confirm you are able to read my posts alright?

Customer:

do i have to wait to see what his defence he states? As i am left wondering what hes trying to state i am on my own with this

Joshua :

Are you able to read my posts ok? I am concerned that you may not be seeing them?

Customer:

I see your posts

Joshua :

Thanks.

Joshua :

Are you clear on what summary judgement is from the above or would you like me to clarify any further? You can request summary judgement at any stage and you do not have to wait for his defence in order to make the request

Joshua :

If granted summary judgement will give you a judgement for the debt immediately against the defendant without haveing to wait for a hearing or give him time to enter a defence. You can request summary judgement by writing to the court and making the request as above.

Customer:

Could you please clarify for me please

Customer:

im thinking i have to wait for his next response?

Joshua :

Certainly. Summary judgement can be requested by you at any time and given at the discretion of the judge on application by you; it may be granted if you have evidence that demonstrates that on the balance of probability there is no defence available to the defendant. This will if granted shortcut the entire process and give you immediate judgement. Based on what you say there would appear to be no defence available to the trader and therefore summary judgement is worth considering.

Joshua :

You can make the request tomorrow if you wish - there is no need to wait for the defendants response if requesting summary judgement

Customer:

Thank you

Customer:

ok i did not know that

Joshua :

A pleasure. Don't forget if requesting summary judgement to set out in your letter that you requesting summary judgement and the reasons you are requesting it - namely that the contract is governed by the distance selling regulations, that you have given written notice to cancel before the vehicle was delivered (copy cancellation email enclosed) and that the vehicle has still not been delivered which in itself is a breach of contract.

Joshua :

If I can assist any further as the situation develops please do not hesitate to revert to me

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with please reply back to me though

Customer:

Thank you very much for your help.

Joshua :

Good luck and best wishes

Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
Joshua and other Law Specialists are ready to help you

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Previous | Next >
  • http://ww2.justanswer.co.uk/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.co.uk/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.co.uk/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.co.uk/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.co.uk/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.co.uk/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.co.uk/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice