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Ask Jo C. Your Own Question
Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70202
Experience:  Over 5 years in practice
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I have taken a second hand car dealer to court now 4 times

Customer Question

I have taken a second hand car dealer to court now 4 times for selling a faulty car.
I have been awarded costs and compensation £888
I am taking the case for appeal as the judge did not have the documents that we filed in person prior to the hearing. We gave her another copy in court and she said that she was not going to read them. She asked us to briefly explain. which just clouded the case as the defendants did everything they could to lie and deceive the judge.
She did not have any idea about the problems and kept asking what the part was that had not been fixed as had been directed by other judges at previous hearings to repair and when it came to calculating the award she said that she would award 75% of £998 and made the total with the use of a calculator and even asked for help working out the total.
I have received a cheque from the car dealer for £888
what I would like to know is if I bank the cheque would this go against my appeal or would it not effect me appealing?
If ok to bank I would hold it in a separate account until an appeal was heard.
If banking the check would go against my appeal what should I do with the cheque?
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is Jo and I will try to help with this.

You can accept the cheque. It doesn't present a problem with appealing.

Obviously if you lose the appeal you may have to repay but that is always the risk you take.

You are not accepting a full and final settlement award. You are just receiving payment upon a judgment and accepting that doesn't mean you are abandoning your appeal.

Can I clarify anything for you?

Jo
Expert:  Jo C. replied 3 years ago.
Can I assist any further?