County court claim Q re Judge's order

County court claim Q re Judge's order

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ReaderScars

Original Poster:

6,087 posts

177 months

Tuesday 21st February 2017
quotequote all
A car seller received an independent engineer's report, submitted to him by a claimant via court claim.

The seller did not respond. A court letter was sent to the claimant, stating:

"IT IS ORDERED THAT
Leave to the Claimant to rely on the engineers report he has filed in the proceedings."

- So the question is, what happens next? Does the claimant have to do anything?

anonymous-user

55 months

Tuesday 21st February 2017
quotequote all
Possibly.

Chrisgr31

13,487 posts

256 months

Tuesday 21st February 2017
quotequote all
My reading of that is that the judge will take the independent experts report as being the condition of the car. I think the seller should have reponded to the report, disagreeing with it as necessary.

The judge presumably will want evidence on loss of value etc

ReaderScars

Original Poster:

6,087 posts

177 months

Wednesday 22nd February 2017
quotequote all
Chrisgr31 said:
My reading of that is that the judge will take the independent experts report as being the condition of the car. I think the seller should have reponded to the report, disagreeing with it as necessary.

The judge presumably will want evidence on loss of value etc
Thanks for your input Chris. What does loss of value mean/relate to?

Will the claimant be asked to submit this evidence?

Red Devil

13,069 posts

209 months

Wednesday 22nd February 2017
quotequote all
ReaderScars said:
Will the claimant be asked to submit this evidence?
According to your previous post the report has already been filed.

ReaderScars said:
A car seller received an independent engineer's report, submitted to him by a claimant via court claim.

The seller did not respond. A court letter was sent to the claimant, stating:

"IT IS ORDERED THAT
Leave to the Claimant to rely on the engineers report he has filed in the proceedings."

- So the question is, what happens next? Does the claimant have to do anything?
The seller is going to have to rebut the evidence of an independent third party in order to successfully defend it.

It would appear that things have got at least as far as this stage - https://www.citizensadvice.org.uk/law-and-courts/l...
Follow the links to see what happens after that.

If the seller is ignoring the court process and the claimant is asking for a specific sum of money then an application for judgement in deafult can be made.

ReaderScars

Original Poster:

6,087 posts

177 months

Wednesday 22nd February 2017
quotequote all
ReaderScars said:
According to your previous post the report has already been filed.
It has, yes.

Red Devil said:
...It would appear that things have got at least as far as this stage - https://www.citizensadvice.org.uk/law-and-courts/l...
Follow the links to see what happens after that.

If the seller is ignoring the court process and the claimant is asking for a specific sum of money then an application for judgement in deafult can be made.
Thanks for the links and the info re: judgement in default.