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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Alex, Thank you my recent questions about my dispute with my

Customer Question

Hi Alex, Thank you for answering my recent questions about my dispute with my used car dealer. I have one more question. The Court have instructed us to file statements of disclosure, including copies of the items of documentary evidence listed for inspection, and a personal witness statement, with the Court and serve copies on each other
I did that yesterday with 7 days before the deadline, which is 14 days before the Small claims hearing. I have yet to receive any of those items from my defendant. I have just exchanged a number of text messages with the previous private owner of my car who tells me that when he sold it to my defendant he issued a defect notice to them listing some problems that he knew about. Two of the items on his defect notice are listed as items on my claim and the defendant did not issue me a defect notice when I bought the car and disputed one of the items when I brought it to their attention. That is to say, he told them the rear wash wiper didn't work and he told them that despite having changed a component on the air conditioning system it still didn't work properly at the point when he sold it to them. My defendant didn't mention the rear wash wiper when I bought the car and for 26 days after I brought the air conditioning fault to their attention they were still saying it probably just needed re gassing and that that was routine maintenance for which they were not liable. It turned out to be the main pump and I had to pay £800 to have it repaired. The question is, at this late stage of the proceedings, can I use any of the information the previous owner has volunteered to me either as a witness in person or would the Court allow me to rely on a statement from him if I can get him to write one? What do you think my best hope is?
Many thanks
Simon
Submitted: 8 months ago.
Category: Law
Expert:  Ash replied 8 months ago.

Hello Simon and thanks for asking for me.

Yes the Court will.

You shoudnt have sent the statements early as the other side knows what you are saying.

But yes this person can give evidence. You can submit it and see if the Court allow it, you have nothing to lose.

Can I clarify anything for you about this today please?
Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
Ash and other Law Specialists are ready to help you
Customer: replied 8 months ago.
Hi Alex, I've spoken to the previous owner just now and the more information about the car that we exchange the more it points to the notion that Jdt Autos have lied and cheated us and possibly HMRC (they lever for cash suggesting reasons of convenience that don't withstand logical scrutiny). He was very disappointed with the service that he got from them when he part exchanged this Audi with them for another car and he has said he would be very willing to take a witness stand on the 28th or prepare a witness statement. Initially my fear is that if I have to gain my defendant's permission to use a witness statement they would likely not want to. Can you ring me to talk about the details of how I would apply to the Court for permission to add him as a witness to attend.
Expert:  Ash replied 8 months ago.

Do you have a number?

Customer: replied 8 months ago.
Sorry Alex, I'm slightly phased by how this service works, I thought I'd sent you my number last night.
It's***********
Customer: replied 8 months ago.
How are you doing Alex, should I expect a call soon?
Expert:  Ash replied 8 months ago.

When would be good to call?

Customer: replied 8 months ago.
Now would be fine :-)
Expert:  Ash replied 8 months ago.

Ok

Customer: replied 8 months ago.
I've seen some missed calls but the phone didn't ring. The ring tone is switched on. Should I try calling you?
Expert:  Ash replied 8 months ago.

It keeps cutting off - is it the right number?

Customer: replied 8 months ago.
sorry, try again. the phone had auto reject un numbered calls
Customer: replied 8 months ago.
Sorry to waste your time Alex, I didn't know the phone was set to reject number with held calls. I've re enabled them
Customer: replied 8 months ago.
Hi Alex,
I hope you are well. I spoke to your colleague on the phone who was able to tell me that since the 14 day deadline had not yet lapsed I would not need my defendant's permission to introduce my witness to the hearing. (The previous owner tells me that he provided the defendant with a defect notice for this car. They clearly haven't remedied the defects and didn't disclose the defect notice to me when I bought it.)
However, having filed and served an addition to my own witness statement, detailing the heresay evidence that the previous owner had exchanged with me, he failed to respond to any of my communications for a week. When he did take my call yesterday he told me that my defendant had phoned him with a very abrasive manor and berated him for his decision to share with me his experience of his dealings with the defendant with particular reference to this car. He tells me that this unwanted stress and abuse was a significant reason for withdrawing his offer to be my witness in court. My question is, what is likely to happen in a civil claims hearing if the judge were sufficiently concerned by the possibility of criminal behavior by one of the parties?
Expert:  Ash replied 8 months ago.

The Court may or may not refer it to the Attorney General. But that is a matter for the Court.

Alex

Customer: replied 8 months ago.
Hi Alex,
The judge was an hour late for our hearing and didn't want to discuss heresay evidence of criminal activity and witness intimidation without the witness and certainly not in a civil claims hearing. So I got half the monetary claim awarded and none of the other work done. Do I need to rate you anywhere for you to be paid?Simon
Expert:  Ash replied 8 months ago.

No, you have already done that thanks Simon.

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