Disclosure Of Documents

[jaycee401]

At what point of litigation do you legally have to provide disclosure documents? Can the opposition demand documentation prior to starting any mediation/court proceedings?
I have also been asked to provide proof of selling a car I was given as a gift (transferred from the owner into my name) which was out of tax/mot and was eventually sold on and scrapped by my buyer. How can I prove it??

[TonyV]

Did you not get Al receipt from buyer? If the buyer scrapped it he should have a certificate of disposal or similar because he would have to signed V5 over

[bednobs]

i dont get how that would help though - it doesn't prove JC sold it to him

[Mamyalynne]

When you sell a car you should inform DVLA,they send a letter of acknowledgement.

[jaycee401]

When I sold it I didn't get a receipt just transferred it into new owners name, and I have not got a clue who he sold it on to.

[bednobs]

then it mamya's answer - the dvla would have confirmed change of owner

[jaycee401]

I cant remember getting a letter from dvla when I sold it. Could I ring dvla and ask them?

[Mamyalynne]

You could try but I don't know if they would/could help.

[TonyV]

If you can remember reg you may be able too

[jaycee401]

thanks folks, I have just trawled thru paperwork and found the letter from dvla saying I am no longer the owner :) my next question is, can this prat pursue the man who I sold it to, to find out if it was scrapped, or once I sold it is that me and the car done with, also would I have to prove to him how much sold it for?

[TonyV]

If you have reg then dvla may help. Why is this "prat" asking - was the car worth much on open market?

[Peter Pedant]

I am not sure what case you have got involved in

anway in answer to your question: in civil litigation, after someone makes a claim ( by internet now ) the defendant is invited to writein a defence.

The centralised court thinks for a bit and then assigns it to the local country civil court. The recommend mediation and have another think

Then the court issues ;Judges' directions' and this will say that both parties have to exchange documents more than fourteen days before action

I know this sequence because I am in the fourteen day run-up to the civil hearing. ( no it isnt about a car ). Documents have already to be exchanged. ( Defendants dont seem to have done diddly squat about it tho' )

[jaycee401]

Its a will dispute. But now rather than him continuing to try and get it overturned he has near enough accepted a damn good offer including a 50% interest in a property which has an 87 year old relative with the rights to live there until she dies, but because we asked that he contribute towards necessary repairs he spat his dummy out and now wants disclosure. Our offer was made go prevent the cost of mediation. He wants disclosure prior to any mediation in place.

[jaycee401]

The disclosure he wants is the deceased accounts and proof of sale of an R reg car the deceased verbally promised him over 15 years ago before they fell out and nevet spoke to one another since! The relationship them is estranged father and son. It was the son who fell out with his father and refused to make amends though through the years father tried. Father then made a new will cutting son out.

[Peter Pedant]

Off the top of my head...there is a case about this
Barmaid where is narmaid

where someone waits 15 y before trying to enforce a promise ( in a will I think) and the court says Oh come on be serious

The onus on him is to show that there was an oral promise 15 y
and NOT you to show you were given it/bought it/ caught it in a fishing net

[Peter Pedant]

.

second thougth: obviously not enforceable in Wills and Equity
otherwise the courts would be full of litigation of he has willed X to Y and he SAID he would give it to me 35 y ago.

and they arent

try googling: equity will not assist a volunteer

[jaycee401]

Thanks Peter, there was no mention of the car in the will. But it just seems our solicitor is making us do all the proofing!

[TonyV]

Jaycee I would prefer to do it myself if I were you rather than paying solicitor for every 0.1 of an hour + charges

[jaycee401]

Tony that is exactly what I feel I should do!

[jaycee401]

Is it called litigation when its solicitors firing letters to and fro trying to resolve a dispute, or is litigation when court proceedings are issued?

[Peter Pedant]

actually I think it is:
coz it is chargeable

however - if you google when does lititgation start ? you get things like:
24 Jan 2012 - " Litigation begins when the plaintiff files a complaint with the court and formally delivers a copy to the defendant. The complaint ..."

Mediation - both sides stand their own costs down they ?
in which case you need to do as much as you can on your own