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PRIVATE CAR SALE - NOT AS DESCRIBED & UNROADWORTHY

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  • #46
    The evidence set out in response to question 10 is evidence in support of his set aside application.
    It is not a defence

    Comment


    • #47
      As the deadline to provide me with his defence has passed what do I do? Contact his solicitor or the court?
      Thanks

      Comment


      • #48
        As you still have a couple of weeks before the hearing I would leave it for a few more days before stirring!

        Comment


        • #49
          Hello again. Still no defence received. If defence was filed to the court, would I be informed? I don't want to stir things but getting a little (well a lot) anxious now as hearing is next week. Who should I contact & at what time? Is there anything I need to be preparing myself?
          Thank you

          Comment


          • #50
            contact the court and ask if a defence has been filed.
            Be prepared for a delay in the phone being answered .... p.m. might be best

            Comment


            • #51
              I have just spoken to the court & no defence has been filed. I asked what I should do now & was told to write to the judge, explain the situation & ask if hearing will go ahead. Do you agree?

              Comment


              • #52
                Yes!

                Comment


                • #53
                  Originally posted by steadyprogress View Post
                  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?
                  What does the order say, Verbatim? Its important that we know what the Judge ordered, and whether there is any sanction for non compliance
                  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.

                  Comment


                  • #54
                    It is ordered that Defendant's application be listed for a hearing on 25 April with a time estimate allowed of 20 minutes
                    Enforcement order is stayed pending determination of the application
                    The defendant shall file & serve a draft defence to the Claimant by 4pm 11 April

                    Comment


                    • #55
                      I've written a brief letter to the judge explaining that neither the court or myself have received the defence & ask if hearing will go ahead. I haven't posted yet I will wait in case you think anything needs to be added.
                      Thanks

                      Comment


                      • #56
                        Originally posted by steadyprogress View Post
                        I've written a brief letter to the judge explaining that neither the court or myself have received the defence & ask if hearing will go ahead. I haven't posted yet I will wait in case you think anything needs to be added.
                        Thanks
                        Nope, the failure to comply has no sanction attached, the hearing will still go ahead however you can now use the breach of the court order in your favour. No defence has been filed, this is a breach of the order. Id raise merry hell in court on this point, you have a poor application, you have no idea what the actual defence is, the judgment should stand
                        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.

                        Comment


                        • #57
                          Thanks for your quick reply, hope I've understood correctly, so dont send the letter & await hearing?

                          Comment


                          • #58
                            I see no problem in issuing the letter. There is actually no procedural requirement to file a draft defence - simply to provide evidence in support. Breaching a court order, however, is quite more serious.

                            Comment


                            • #59
                              Be aware new updates to the Civil Procedure Rules means that if you are going to communicate with the court, you will need to send a copy to the other side and confirm to the court in your letter that you have done so.

                              See CPR 39.8

                              https://www.justice.gov.uk/courts/pr...les/part39#com
                              LEGAL DISCLAIMER
                              Please be aware that this is a public forum and is therefore accessible to anyone. The content I post on this forum is not intended to be legal advice nor does it establish any client-lawyer type relationship between you and me. Some of the content I post may include example wording, letters, or other similar responses but they are intended purely for informational and educational purposes. Using some or all of the content I post may fail to meet your needs that is specific to your situation. Therefore any use of my content is at your own risk and I cannot be held responsible in any way. It is always recommended that you seek independent legal advice and you can do this through the Law Society's Find a Solicitor database, by contacting your local Citizen's Advice Bureau or legal advice centres such as LawWorks. You may also be able to seek legal advice from your local university who may run a free (but limited) legal advice clinic to members of the public.

                              Comment


                              • #60
                                Originally posted by R0b View Post
                                Be aware new updates to the Civil Procedure Rules means that if you are going to communicate with the court, you will need to send a copy to the other side and confirm to the court in your letter that you have done so.

                                See CPR 39.8

                                https://www.justice.gov.uk/courts/pr...les/part39#com
                                Though note that wouldn't apply in standard comms, like this.

                                Comment

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