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PRIVATE CAR SALE - NOT AS DESCRIBED & UNROADWORTHY

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  • #76
    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 Click image for larger version

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    • #77
      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

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      • #78
        Originally posted by steadyprogress View Post
        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
        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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        • #79
          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?

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