PRIVATE CAR SALE - NOT AS DESCRIBED & UNROADWORTHY

[pt2537]

The address the claim form went to is the same address I visited when purchasing the car, where all correspondence was sent to & which he responded to, where the V5 was registered & the same address as detailed with Companies House for his directorship for his Limited Company.

you mentioned text messages too? if you have these you could sink his application if you can prove the Claim was issued and served on the correct address.

Have you actually received his application to set aside judgment?

[steadyprogress]

Yes, I have texts replying to letters sent to address he claims he doesn't live at. No application, just a letter from his solicitor asking for the Claim Form.

[R0b]

As PT suggested, if you have evidence such as text messages which proves he received or was at least aware of the action, but failed to notify you that he was not living there, that could severely damage him.

I suppose theres no harm in giving them a copy of the claim form but you could also point out in a covering letter that he cannot rely in the fact that he never received the claim form or didnt live there for reasons already mentioned. However a court could set aside on the basis of a reasonable prospect of defending the claim. You need to decide whether to oppose the application or consent to setting aside but at his expense.

How long has it been since judgment was given?

[steadyprogress]

Judgement was given in May.
I've just read through my original Claim & have detailed the date I posted the 'letter before action' & the date he replied to it via text offering me £500.
He's also on the electoral roll for that address along with his parents & brother.

[R0b]

Again, if you are able to evidence (keep copies in case he changes things) that then it should help to go in your favour, but I think you should point all of this out to his solicitor before they decide to issue an application as that might give them pause to think and re-consider if its worth arguing against the risk.

[steadyprogress]

Hello again
I replied to the solicitor's letter on 12th Dec, part copy below. They did not apply to have judgement set aside & have not responded to my letter. I'm now considering sending a statutory demand as I see making him bankrupt my only option. He is the director of 3 Limited companies so think that it may spur him into some kind of reaction? Thoughts please. Many thanks again.


I was surprised to read Mr Lodhy has not received the Claim Form due to him not living at the property they were sent to and have briefly outlined why below: 1. One of the text messages I have from him directly responds & refers to my “letter before action" sent to 37 Wanstead Park Road by recorded delivery. He also expresses in the text a preference to allow the court to make a decision should I not accept his offer of a £500.00 contribution towards repair of the vehicle detailed in the claim. 2. Once I had been advised by the court of the outcome of my claim, I again text messaged Mr Lodhy to inform him of the decision & gave him 14 days notice to arrange collection of the car. 3. An enforcement company I used who helped me obtain a High Court Writ carried out their own electoral roll, Companies House & DVLA checks prior to their visits which also led them to 37 Wanstead Park Road. 4. Additionally, I also note the name used in your reference number is the same as someone who was listed as an occupant of the above property along with Mr Lodhy. If you are able to, could you please provide me with the date your client ceased residing at the above mentioned address? I would also be grateful for his current address. Thank you in advance for your assistance.

[pt2537]

Judgement was given in May.
I've just read through my original Claim & have detailed the date I posted the 'letter before action' & the date he replied to it via text offering me £500.
He's also on the electoral roll for that address along with his parents & brother.

Judgment in may? and he has known since then, wowsers hes in trouble if he tries to set it aside under CPR 13.3

[steadyprogress]

I didn't think that a set aside claim would be granted but its reassuring to read your comments all the same.

[pt2537]

I didn't think that a set aside claim would be granted but its reassuring to read your comments all the same.

From what you have said i think theres more hope of the PM securing a majority in the house of commons for brexit than there is of him setting the judgment aside.

I dont think you need a stat demand though, as you have a judgment you can go straight for BR, and of course you remove the risk of him applying to set aside the SD

[steadyprogress]

Thanks for that. Love & agree with your analogy! Would you advise informing him of my intention to file a bankruptcy petition or just apply direct to court & let procedure take its course?

[pt2537]

I dont think you need to tell him, but perhaps take a step back and look at what is the best option for enforcement first?? BR is a huge step and quite expensive for you too. Are there any assets he has? Any property? Charging order and order for sale is an option if he has

[steadyprogress]

I'm not sure if I'm left with any other option other than bankruptcy. High court enforcement called 3 times last summer but door was never answered. He lives at his parents house & cars parked outside were on finance. He runs 2 businesses, 1 is an Indian restaurant & the other a property rental company. I'm not sure who owns the rentals, I have a feeling it's his father.

[steadyprogress]

I thought I had researched my options but since reading your post perhaps an order to obtain information would be a cheaper option? My only concern is service as they have CCTV at the home & didn't answer the door when enforcement called.
I've noticed he's listed some rentals this weekend would service be valid if it was made under the guise of acting as a potential tenant?

[steadyprogress]

Would someone please be able to comment on my last posting. I'd be interested to know what other do-able options I may have. Many thanks

[des8]

Move to bankrupt him and it will cost you in excess of £1000, and if successful you may be one of many creditors of a guy who (on paper) has no assets.

i would certainly go for an order to obtain information first.

as long as the papers are served personally on him, it matters not how you get there!
You could use a process server