Court procedure... help!

[Dukesy]

Firstly, apologies if this is in the wrong place.

To cut a long story short, OH is being taken to court. He sold his vehicle in November and the engine has since gone bang, requiring a replacement. The buyer feels we are responsible for the repair costs, some £2500.

We have filed a defence, filled in the allocation questionnaire and the case has been transferred to our local court. Today we received an N24 ordering the claimant to submit evidence and explain why he is claiming under his business name when we sold it to him as a private individual.

We have not received a notice of allocation or a hearing date. Does this suggest that the case will be dealt with without a hearing? Or what should we expect next? Never had to deal with court before, so any help appreciated!

[SpringerSpaniel]

Re: Court procedure... help!

You should excpect either i) a date for a directions hearing, where allocation will be one matter dealt with, or ii) directions to be sent to you eg date of hearing, track allocated (likely to be small claims here), requirements to submit evidence etc.

[Dukesy]

Re: Court procedure... help!

You should excpect either i) a date for a directions hearing, where allocation will be one mattere dealt with, or ii) directions to be sent to you eg date of hearing, track allocated (likley to be small claims), requirements to submit evidence etc.

So it is normal to receive a 'General form of judgment or order' before a Notice of Allocation?

[alham]

Re: Court procedure... help!

No it is not normal. In your case court office/judge decided that claimant has to explain discrepancies in the claim before any directions are ordered as per springer spaniel post.

[teaboy2]

Re: Court procedure... help!

If he purchased by means not connected to his business, e.g personal credit card, personal cheque, or bank transfer from his personal account. Then the claimant would be vexatious as a Company if its limited etc. Is a separate legal entity to him. If he paid by cash then he would need proof the cash came from his business account(s), which would be very difficult.

Personally i would have moved for the claim to be struck out on grounds of vexatious litigant and sought compensation for your costs and distress caused by the unlawful claim.

But first let us know how he paid you, did you invoice him, was the name, under bill to, to his name, home address etc. Also if he had purchased it using company funds for a personal transaction then that, could be misappropriation of funds if the car is registered to him and not his company. Also is his company a limited company?

PM me his company details and name (as he could be one of a number of directors) and i can do some serious digging for you.

[pt2537]

Re: Court procedure... help!

So it is normal to receive a 'General form of judgment or order' before a Notice of Allocation?

The Court does have the power to make an order of its own motion. It may be the Judge is alive to the issues, and may have realized that there are issues which need to be dealt with before the case progresses.