Why a good defence is essential

legal updates

Delays are never helpful, and the sooner we get the claim form, the sooner we can get to work on your defence.

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When a consumer is unhappy with their vehicle and a resolution cannot be agreed upon, they will turn to the courts. This ends up with a claim form dropping through your door.

This form cannot be ignored. If you do not answer, you will end up with a County Court Judgment (CCJ) in default. If the CCJ is also ignored, you will end up with the bailiffs on your doorstep.

The absolute best course of action is to send any such claim form over to us as soon as it arrives. Delays are never helpful, and the sooner we get the claim form, the sooner we can get to work on your defence.

You may wish to make a settlement offer to your customer at this stage and we can help with that, but regardless, you only have 14 days to acknowledge the claim, so this must be completed ASAP either by yourselves or, ideally, by us. Once the claim is acknowledged, you then get an extra 14 days to file a defence.

In a recent case, we submitted a defence for a client in December 2023 which dealt with the facts and also highlighted to the court how poorly the claim form had been completed. This claim made it in front of a judge within four months, which is super quick. The hearing itself was even quicker, as the judge called in both parties and simply told the consumer they had no evidence to support their claim that there was a fault either present now or at the point of sale, and so, they should consider taking the goodwill gesture that our client had previously offered. The £2781 repair claim turned into a £200 gesture of goodwill.

A quick and tidy conclusion, but one which came about on the back of the detail and points we made in the defence and witness statement. We made the judge’s decision easy, and our client was the grateful beneficiary of that. 

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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.

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