Lawgistics clients in court – a win, win, win situation – for now at least!

Let’s be honest.  When a car dealer goes up against a consumer buyer in court, they walk in (or telephone in these days!) 1-0 down.  Because time and time again, we see so much discretion given to consumers that simply doesn’t get granted to car dealers.  And depending on the personal circumstances (perceived or actual) of the buyer, it can often be an even bigger uphill struggle for our members.

And whether it be allowing Witness Statements to be given at the last minute or adjourning altogether to allow the consumer to comply with the court order (it hardly ever works the other way!), we see far too much leniency given to those who actually chose to use the legal process in the first place.

Despite this, in recent weeks we have seen clients walk away from court very happy indeed.  This is because we work hard to ensure all the paperwork you need to do is comprehensive and sent in on time.  We cannot do this without your continued co-operation however and we rely on you to help us to help you in all court related matters.

Just in the writer’s knowledge, in the past couple of weeks, we have seen a court:

  1. Reduce a claim for £9950 to just over £1000.
  2. Strike out a claim for £4500 - and the Claimant having to pay our member over £900 in costs.
  3. Dismiss entirely a claim for £7500.

We even managed to help our member to convince the court to disagree with an expert’s report, which had stated that the problem had been present or developing at the point of supply – and to dismiss that case too. No mean feat for sure.

But, of course, we know that the “small claims” process is “rough and ready” justice.  And that our members can never assume anything – no matter how confident they may have in their case.  

If you have any court cases upcoming or ongoing and need advice, get in touch as soon as you can – as submitting court documents just one minute beyond the deadline can be fatal…

 

Authors: Jason Williams

Published: 14 Sep 2020

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