Alex Watts : Hello my name is ***** ***** I will help you with this .
Alex Watts : On what basis is it being set aside please?
The judgement was set aside as the defendant's solicitor claimed he had mistakenly overlooked the due date for reply, but had subsequently submitted an application and was given the benefit of the doubt.
Alex Watts : Ok. What is the value of your claim please?
A total of £1096.10 including, fuel, transport and related repair costs after paying for the vehicle. Court fees also included £70.
The car alone was £621
Alex Watts : Ok. Was it from a private seller or dealer?
I omitted to tell you that when we came to apply for a refund on the car tax, we were informed that the disc was invalid, as the car registration had been changed.
Alex Watts : how old was the car and how many miles?
2001 - mileage 92039
Alex Watts : Did you plead in the original claim for collecting the car and related expenses ?
Alex Watts : Ok. Have you filed any statements yet?
Beyond the original claim forms issued by the court, we have sent copy letter and tax disc image to both the court and the seller. No other statements - these are due to be delivered to the court by Thursday 14th, hence our question to you now.
Alex Watts : Ok you need to file statements setting out a chronology of what happened and when.
Alex Watts : You need to send this to the other side and court no later than 14 days before trial.
Alex Watts : You put in here exactly what happened in some detail.
Alex Watts : You also put what you are asking the court to do and why
Alex Watts : The statement should be headed with the court, claim number, parties name and then who is making the statement
Alex Watts : It should also end that I believe the contents of this statement are true together with the signature
Yes we are aware of all of this, but we need to back up our case with legal knowledge (as his solicitor will no doubt be able to do) - which is why I asked my original a question - is he now, or should he have been liable to collect the car as it is no longer driveable? His case seems to rest on the fact that we had the chance to inspect the car, but we could not have diagnosed a blown gasket at the time of the sale?
Alex Watts : The legal test is this - were the losses reasonably foreseeable at the time.
Alex Watts : The judge will also consider the sale of goods act and consider whether the goods were fit for purpose and as described, given the age of them
Alex Watts : Clearly a car only 6 months old would be expected to have less defects than one 10 years old.
Alex Watts : Your strongest point is the part with scrap on.
Alex Watts : You could argue, as a dealer they must have known this, it's their job
Alex Watts : And they should have made reasonable attempts to notify you of the defect.
Alex Watts : But any losses must be forseeable.
Alex Watts : So if the judge finds for you, then I think the recovery of the return of the vehicle can be claimed.
Alex Watts : Does that help?
There appears to be nothing laid down in law to say who is responsible for collecting the car, so we will have to leave it to the judge to decide it seems. Thank you anyway.
Alex Watts : In law specially no.
Alex Watts : But Are the losses reasonably foreseeable
Alex Watts : If the answer is yes they can be recovered
Alex Watts : If not, then no
Alex Watts : Does that clarify the legal position for you?
I am not sure what you mean by 'losses reasonably foreseeable'. How does that apply in our case please.
Alex Watts : Ok. For example if the car broke down and she missed an interview so didn't get a Job
Alex Watts : Would that have been foreseeable ?
Alex Watts : probably not
Alex Watts : But if a car broke down and you won on liability, is it foreseeable that they collect it - probably yes
Alex Watts : Does that help?
Alex Watts : It would follow if it broke down they should collect.
Alex Watts : Great,
Alex Watts : If the system won't let you or you need more help please click reply
Alex Watts : Unless I can help further might I invite you to rate my answer before you go.
OK thank you, ***** ***** compile the statement now and include copy images of all the relevant emails and documents (and tax disc).