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.
May I clarify that the vehicle was never delivered at all please?
Is the seller a business seller as opposed to a private seller?
How did you pay?
Did you pay a deposit or any part of the cost of the vehicle by credit card?
You mention a company. Is it a limited company?
Hi ! lost my connection
The vehicle a motor camper van was not delivered, the company is registered company
i paid by bankers draft
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?
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:
he then told me he would have to try and resell the vehicle,
I started my small claims claim on the 14th april he had responded the court document is stamped
30th april he has a change of contact address, he has ticked number 1 box ::I intend to defend all of this claim:
im baffled as to what can he claim?
i had in the meantime before small claims procedure written to him 3 times requesting
Thanks. Was the vehicle a custom vehicle made to your order or just a vehicle purchased from his stock?
refund, he had ample opportunity to contact me as my name and address
were on all my letters interestingly he never sent me any documents for the vehicle
It was a 1993 VW camper van classic van
i had searched on company registered companies when i saw he had move premises he moved on the 24th march
Be back in 5
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.
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
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.
Apparently the trader has this other 14 days to complete this ;Defence:
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.
i do not know what this defence would be i do know at least the court claim seemed to make him move
as he did not respond at all after writing,
Can I confirm you are able to read my posts alright?
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
Are you able to read my posts ok? I am concerned that you may not be seeing them?
I see your posts
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
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.
Could you please clarify for me please
im thinking i have to wait for his next response?
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.
You can make the request tomorrow if you wish - there is no need to wait for the defendants response if requesting summary judgement
ok i did not know that
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.
If I can assist any further as the situation develops please do not hesitate to revert to me
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Thank you very much for your help.
Good luck and best wishes