PRIVATE CAR SALE - NOT AS DESCRIBED & UNROADWORTHY

[steadyprogress]

Thank you everyone for your help. Made the 75 mile journey to court this morning for a cross judge to dismiss the case due to no defence filed. Defendant turned up without his solicitor & all he had to say was that he didnt receive the claim form. Judge confirmed the court had been given the address the defendant claims he doesn't live at!

Defendant tried to get judge to speak to his solicitor on the phone which agitated the judge even more.

The judge told me to submit a witness statement to his solicitor & mentioned something about mandatory & discretionary which I dont understand.
Advice again please on what I should do now.
Thanks

[steadyprogress]

To add a bit more meat to the bones to the comment I made above, as I've sold the car that value obviously needs to be deducted from the original claim amount. I think this is what the judge was referring to with regards to the witness statement. However, I'm still unclear over the mandatory/discretionary remark.

[steadyprogress]

Is someone able to comment please
Thank you

[pt2537]

do you have the order made at the last hearing?

[steadyprogress]

I haven't had anything from the court since the hearing

[steadyprogress]

I have now received the order from court

Upon hearing the claimant and defendant in person
And upon hearing that the vehicle in question has been sold by the claimant in the sum of £2100 and that the judgement debt has been reduced accordingly.
And upon the defendant not having filed a defence pursuant to the order dated 21 March

It is ordered that

Application to be dismissed

[Amethyst]

The Application was the defendants application to set aside the judgment wasn't it ? Therefore his application has been dismissed, the judgment stands and you are free to enforce the judgment debt( less the £2100 ).

The Mandatory and discretionary discussion would be about the grounds for set aside.

The order doesn't seem though to follow what you thought had happened at the hearing... this part """ The judge told me to submit a witness statement to his solicitor""" do you remember anything more about that?

[steadyprogress]

Yes, it was a set aside hearing.
I'm sure it was at the point when the judge asked what happened to the car & I explained I'd sold it for £2100 in December. The only other issues he spoke with me about were about the defendants address & my travelling from where I live

[steadyprogress]

Sorry to ask again, anyone please?

[des8]

I think the info you want is in post 67 " the judgment stands and you are free to enforce the judgment debt( less the £2100 )."

[steadyprogress]

Thank you. It's the latter part of post 67 I've responded to. I'm unclear on what I should be sending to defendants solicitor, if anything, regarding the judges remark

[des8]

As the order doesn't mention it I would assume you either misheard or misunderstood some aside the judge made.
I wouldn't send anything to the solicitor other than a request he gets his client to cough up.

[steadyprogress]

Will do, although I don't have a huge amount of confidence in a solicitor who sent her defendant to court without preparing a defence. Let's hope she can pass on a message

[steadyprogress]

I've written to defendants solicitor requesting payment as per the amended judgment & also sent a copy to the defendant. Unsurprisingly I haven't had a response.
Will an Order to Obtain Information hold more weight if it comes from a solicitor or is it something I should do myself?
Thanks again

[des8]

No reason not to do it yourself.
You could use a process server to avoid a personal confrontation