Always Deal with Court Documents

legal updates

This cost our member an application fee to the court, plus a legal representative at court for the hearing.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

Just a short reminder about the necessity of dealing with any documentation from the courts, whatever you think of the case or the opponent.

Our member received a claim form from the court alleging he had not carried out repairs to a sufficient standard, and the customer wanted their money back.

Now, our member knew they had not carried out the work on this vehicle, but that somebody who worked on the same site for a completely different legal entity had done the work.

Our member therefore called the Claimant, who provided their legal advisor’s details, and the legal advisor said he would sort things out.

However, the Claimant’s legal advisor “did not sort things out” and our member returned from a business trip to find he had a judgment against him

At a recent hearing, the judgment was set aside, and there is no longer a potential county court judgment (CCJ) against our member. However, we must now go through the process of clearing our member’s name as being the party that allegedly carried out poor repairs.

Unfortunately, it did cost our member the application fee to the court, plus a legal representative at court for the hearing.

This could have been avoided if the claim form had been dealt with when it was first received.

Wearewood Services LtdMotor Trade Web Specialists

We offer an all-encompassing web, digital & design service specially tailored to the Motor Industry.

Darren FletcherLegal AdvisorRead More by this author

Related Legal Updates

Importance of taking your customers’ details!

Garages aren’t legally required to take a customer’s address before repair or sale, but skipping it can stall Torts notices and court action when vehicles are abandoned or not collected.

Mediation appointments: the court’s take on ‘delays’

You can tell the court you’re unavailable, but will that stop a telephone mediation being listed? In our client’s case it didn’t, and the refusal to move it now means a full hearing next year.

Witness Statements: Own the Weakness and Turn Up to Court

Courts are scrutinising credibility more than ever. A Witness Statement that ducks its weak points or a witness who fails to attend risks serious damage to their case

Broker Falls Flat: Court Dismisses Flimsy Claim Against Dealer

A County Court ruling has reinforced the importance of solid evidence and clear contracts, rejecting a broker’s claim against a car dealer over an alleged pre-existing fault.

Small Claims and Expert Fees: Understanding the £750 Cap

Parties should carefully consider the necessity and proportionality of obtaining expert evidence to avoid incurring irrecoverable costs.

Buyer Beware: £4K Discovery claim falls flat in court

An opportunistic claim for nearly £9,000 on a £4,000 used vehicle was thrown out by the court, reinforcing the principle of caveat emptor in business-to-business sales.

Two Years of Lawgistics Litigation Support

Since launching Lawgistics Litigation for the Motor Trade, we’ve saved our members over £2.6 million in court claims.

Get in touch

Complete the form to get in touch or via our details below:

Phone
01480 455500
Address

Vinpenta House
High Causeway
Whittlesey
Peterborough
PE7 1AE

By submitting this quote you agree to our Terms & Conditions and Privacy & Cookies Policy.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.