PRIVATE CAR SALE - NOT AS DESCRIBED & UNROADWORTHY

[steadyprogress]

The saga continues! I've had a letter today from a different solicitor acting on behalf of the defendant. It says that another application has been made to have the judgement set aside & the defence this time is not that he doesn't live at the address but as the photo below

[steadyprogress]

Can I add that he did not ask if I wanted a mechanic to check the car over but I obviously I wish I had done!

The whole issue has been and reason for my claim is that the advert did not describe an accurate description/condition of the car.

I didnt realise he could make a second application after the first was dismissed

[pt2537]

Can I add that he did not ask if I wanted a mechanic to check the car over but I obviously I wish I had done!

The whole issue has been and reason for my claim is that the advert did not describe an accurate description/condition of the car.

I didnt realise he could make a second application after the first was dismissed

He can apply, however, the question is, is it an abuse of the process. In my view it is, if the Court has ruled already he should have appealed, if he didnt he is trying to usurp the judges ruling it seems

[steadyprogress]

Can I object to the application as an abuse of process? Is that something I could now or wait for the paperwork from the court?

[steadyprogress]

Received confirmation from the court that his 2nd application has been struck out. I've written to the defendant and his solicitor giving 14 days to arrange payment.

My questions are:

As the last judgment was varied to reflect the value I sold the car for, can I ask for it be varied again if I incur further costs ie. legal fees/application costs/server fees?

If this is not possible, can I issue a further claim to cover any additional out of pocket expenses?

Thanks

[pt2537]

Received confirmation from the court that his 2nd application has been struck out. I've written to the defendant and his solicitor giving 14 days to arrange payment.

My questions are:

As the last judgment was varied to reflect the value I sold the car for, can I ask for it be varied again if I incur further costs ie. legal fees/application costs/server fees?

If this is not possible, can I issue a further claim to cover any additional out of pocket expenses?

Thanks

In short no the second claim for out of pocket expenses will not fly, if you did it would be an abuse of process and would leave you facing an unreasonable costs order in my opinion.

You can ask the Court to make an order for costs though, you would have ot provide details of the costs and theres no gaurantee

[steadyprogress]

Hello again.
An update on this sorry story and a request for further advice please.

I have not received a penny relating to judgment and I have not actively chased debtor for payment but I have received a telephone call from him tonight.

He wants to apply for a Tomlin Order and offer payment over several months for the total of £2500 (judgement was for £7924). He says the reason for this is the solicitor he used for the set aside hearing has since been struck off due to negligence and all her cases should be re-heard.

Is this usual practice in this circumstance? Can he apply for a Tomlin Order despite CCJ issued in Apr 2018? Does he need my consent to apply for TO?

As always, any advice gratefully appreciated

[pt2537]

Hello again.
An update on this sorry story and a request for further advice please.

I have not received a penny relating to judgment and I have not actively chased debtor for payment but I have received a telephone call from him tonight.

He wants to apply for a Tomlin Order and offer payment over several months for the total of £2500 (judgement was for £7924). He says the reason for this is the solicitor he used for the set aside hearing has since been struck off due to negligence and all her cases should be re-heard.

Is this usual practice in this circumstance? Can he apply for a Tomlin Order despite CCJ issued in Apr 2018? Does he need my consent to apply for TO?

As always, any advice gratefully appreciated

Get it into the Sheriffs and get his assets seized