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PRIVATE CAR SALE - NOT AS DESCRIBED & UNROADWORTHY

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  • #16
    Originally posted by steadyprogress View Post
    The address the claim form went to is the same address I visited when purchasing the car, where all correspondence was sent to & which he responded to, where the V5 was registered & the same address as detailed with Companies House for his directorship for his Limited Company.
    you mentioned text messages too? if you have these you could sink his application if you can prove the Claim was issued and served on the correct address.

    Have you actually received his application to set aside judgment?
    I work for Wannops LLP . I give my free time available to helping other on the forum and would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability.

    If you need to contact me please email me on Ptilley@wannops.com . My firms initial advice is always free.

    I have been involved in leading consumer credit and data protection cases including Harrison v Link Financial Limited (High Court), Grace v Blackhorse (Court of Appeal) and also Kotecha v Phoenix Recoveries (Court of Appeal) along with a number of other reported cases and often blog about all things consumer law orientated.

    You can also follow my blog on consumer credit here.

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    • #17
      Yes, I have texts replying to letters sent to address he claims he doesn't live at. No application, just a letter from his solicitor asking for the Claim Form.

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      • #18
        As PT suggested, if you have evidence such as text messages which proves he received or was at least aware of the action, but failed to notify you that he was not living there, that could severely damage him.

        I suppose theres no harm in giving them a copy of the claim form but you could also point out in a covering letter that he cannot rely in the fact that he never received the claim form or didnt live there for reasons already mentioned. However a court could set aside on the basis of a reasonable prospect of defending the claim. You need to decide whether to oppose the application or consent to setting aside but at his expense.

        How long has it been since judgment was given?
        Click here to check out my list of templates

        DISCLAIMER: ANYTHING I POST ON THIS FORUM SHOULD NOT BE CONSTRUED AS GIVING LEGAL ADVICE. I DO NOT ASSUME RESPONSIBILITY NOR DO I ACCEPT ANY LIABILITY AND THE USE OF MY CONTENT FOR YOUR OWN PURPOSE IS SOLELY AT YOUR OWN RISK. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL ADVICE BY GOING TO THE LAW SOCIETY'S FIND A SOLICITOR OR CONTACT YOUR LOCAL CITIZEN'S ADVICE BUREAU.

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        • #19
          Judgement was given in May.
          I've just read through my original Claim & have detailed the date I posted the 'letter before action' & the date he replied to it via text offering me £500.
          He's also on the electoral roll for that address along with his parents & brother.

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          • #20
            Again, if you are able to evidence (keep copies in case he changes things) that then it should help to go in your favour, but I think you should point all of this out to his solicitor before they decide to issue an application as that might give them pause to think and re-consider if its worth arguing against the risk.
            Click here to check out my list of templates

            DISCLAIMER: ANYTHING I POST ON THIS FORUM SHOULD NOT BE CONSTRUED AS GIVING LEGAL ADVICE. I DO NOT ASSUME RESPONSIBILITY NOR DO I ACCEPT ANY LIABILITY AND THE USE OF MY CONTENT FOR YOUR OWN PURPOSE IS SOLELY AT YOUR OWN RISK. YOU SHOULD ALWAYS SEEK INDEPENDENT LEGAL ADVICE BY GOING TO THE LAW SOCIETY'S FIND A SOLICITOR OR CONTACT YOUR LOCAL CITIZEN'S ADVICE BUREAU.

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