PRIVATE CAR SALE - NOT AS DESCRIBED & UNROADWORTHY

[steadyprogress]

I've received Notice of Transfer to the defendants local court for his claim to be set aside. His evidence states "he does not live at the address, it's his parents address. However for the past few years the defendants parents reside in Bangladesh for several months during the year. The defendants parents returned from Bangladesh and gave the defendant the Judgement in default order. He did not receive any papers for the claim and does not know me."

What happens now please? Will I need to attend?

Thanks again

[pt2537]

I've received Notice of Transfer to the defendants local court for his claim to be set aside. His evidence states "he does not live at the address, it's his parents address. However for the past few years the defendants parents reside in Bangladesh for several months during the year. The defendants parents returned from Bangladesh and gave the defendant the Judgement in default order. He did not receive any papers for the claim and does not know me."

What happens now please? Will I need to attend?

Thanks again

Well if there has been an application to the Court to set aside judgment then you will need to prepare witness evidence if you wish to oppose the setting aside of the Judgment. If you intend to oppose the setting aside judgment you will need to consider whether you have any evidence to rebutt his suggestions

[steadyprogress]

I wish to oppose.
If indeed what they say is true, will the defendant need to prove at the set aside hearing he doesn't reside at the address?
As this was the address I was writing to prior to the court issuing any paperwork & the fact he responded to the letter before action along with them being signed for by someone with the same surname, did he have an obligation to inform me he had moved/didn't live at that address?
As previously mentioned, it was where I viewed the car, the address matched the cars logbook & its also where the bailiffs called at 3 times last summer.

[pt2537]

I wish to oppose.
If indeed what they say is true, will the defendant need to prove at the set aside hearing he doesn't reside at the address?
As this was the address I was writing to prior to the court issuing any paperwork & the fact he responded to the letter before action along with them being signed for by someone with the same surname, did he have an obligation to inform me he had moved/didn't live at that address?
As previously mentioned, it was where I viewed the car, the address matched the cars logbook & its also where the bailiffs called at 3 times last summer.

Well i think you are going to have a good argument, he was aware proceedings were being contemplated, he was responding from that address and never gave any other address for service nor did he indicate you shoudl write elsewhere so hes going to have a problem there.

[steadyprogress]

I've received N24 from Romford County Court as defendant is still seeking to have the CCJ set aside despite all the info I emailed to the solicitor. Was expecting instruction on what I should do next but nothing enclosed. Will I be required to attend or provide statement? Thanks

[Amethyst]

What does the N24 say? ( is it an order for a hearing for the set aside app, directions or a judgment ? - N24 is a general judgment or order form so need to know content to be able to say what you should be doing )

[steadyprogress]

It's for the set aside hearing at the end of April. It says the Defendant shall file & serve a draft defence to me by 4pm 2 weeks before hearing.

[Amethyst]

So a notice of hearing then?

no draft defence included in the original application ? ( strange if it was filed by a solicitor) - any consequence for him not filing a draft defence?

Any direction for you to do anything after the draft defence has been served ?

Have you filed any witness statement in opposition to the set aside application thus far ?

[steadyprogress]

Yes.

I received Notice of Transfer 28th Feb.

Defendant claims address I have for him is his parents who spend several months of the year overseas. He therefore claims that he did not learn of the CCJ until his parents returned in Nov/Dec 2018 when they gave him the default judgment. I believe the address I have to be correct & also that he was aware of the CCJ from the start for the following reasons:

I have a copy of the text from the defendant providing the address to meet him at to view the car (private sale & private home).

We concluded the deal inside the property to which he had keys for.

The vehicle's V5 printed address matched the address we were at.

The 1st letter I posted to him via recorded delivery at the address was signed for by someone with the same surname as defendant.

I have proof of postage of my Letter Before Action sent to the same address.

Copies of the mailed letters were also text to him & I have screenshots that show they were read.

He text a response to my letter before action offering me £500 towards repair. I declined his offer as it was nowhere near the amount needed to fully repair so he responded by saying we'll let the court decide" (Annoyingly I don't have a cooy)


When the court posted the judgment to me I text the defendant stating that as the court had awarded in my favour could he please arrange refund & collection of car (I unfortunately don't have a copy). He didnt respond.

Basic internet search also has defendants address as the 1 I have.

Escalated to HCW, enforcement company obviously did their own enhanced checks & searches again the address matched to the one I provided. They mailed 1 letter & hand delivered 3 in May, June & August. No contact made & due to data protection they are unable to advise whose name the vehicles on finance at the property were in. Their report stated someone was inside the property on 1 of the visits.


Do I have enough evidence to quash his claim he does not live at address and that he has only recently found out about the CCJ?

Will he have to provide any proof?

[steadyprogress]

Sorry, read your post properly now! Yes to your first two questions, no to your third & fourth question

[pt2537]

Yes.

I received Notice of Transfer 28th Feb.

Defendant claims address I have for him is his parents who spend several months of the year overseas. He therefore claims that he did not learn of the CCJ until his parents returned in Nov/Dec 2018 when they gave him the default judgment. I believe the address I have to be correct & also that he was aware of the CCJ from the start for the following reasons:

I have a copy of the text from the defendant providing the address to meet him at to view the car (private sale & private home).

We concluded the deal inside the property to which he had keys for.

The vehicle's V5 printed address matched the address we were at.

The 1st letter I posted to him via recorded delivery at the address was signed for by someone with the same surname as defendant.

I have proof of postage of my Letter Before Action sent to the same address.

Copies of the mailed letters were also text to him & I have screenshots that show they were read.

He text a response to my letter before action offering me £500 towards repair. I declined his offer as it was nowhere near the amount needed to fully repair so he responded by saying we'll let the court decide" (Annoyingly I don't have a cooy)


When the court posted the judgment to me I text the defendant stating that as the court had awarded in my favour could he please arrange refund & collection of car (I unfortunately don't have a copy). He didnt respond.

Basic internet search also has defendants address as the 1 I have.

Escalated to HCW, enforcement company obviously did their own enhanced checks & searches again the address matched to the one I provided. They mailed 1 letter & hand delivered 3 in May, June & August. No contact made & due to data protection they are unable to advise whose name the vehicles on finance at the property were in. Their report stated someone was inside the property on 1 of the visits.


Do I have enough evidence to quash his claim he does not live at address and that he has only recently found out about the CCJ?

Will he have to provide any proof?

It seems you do have enough there to fight this application, however i would simply say that sometimes the Courts will favour setting aside the judgment especially where there are two litigants in person, if you have any way of getting proof that he text you in reply to the LBA then that would be some hurdle for him to overcome.

[steadyprogress]

Will he be expected to provide proof he doesn't reside at the address I have been using?

[pt2537]

Will he be expected to provide proof he doesn't reside at the address I have been using?

Im not sure that is the issue, the issue is, did you serve the Claim form on the correct address. If you used the address you had for him, and that was the address where you knew he lived then it is incumbent on him to tell you he moved, indeed he recieved the LBA because he replied by text, so he has very little room to wriggle in my view

[Amethyst]

Copies of the mailed letters were also text to him & I have screenshots that show they were read.

Just to confirm... did you email / SMS text him copies of the letters that were posted, and it was those emails/texts he was responding to, rather than texting you on receipt of the hard copy letter ?

I mean, presumably, those letters were addressed so he was fully aware of where they were being sent to, and should have informed you then of the change of address, and also demonstrates he was well aware of the claim.... but I think it does make a slight difference if he was replying to a letter he received in the post at the address or if he was replying to a (portable) email/text message.

[steadyprogress]

Sorry, another question! The set aside hearing is in a couple of weeks, on the general form of judgement or order it states that the defendant shall file & serve a draft defence to me by 4pm yesterday. I haven't received anything & wondered if on the N244 he completed, question 10, (evidence set out below box is ticked) is that his draft defence?