PRIVATE CAR SALE - NOT AS DESCRIBED & UNROADWORTHY

[des8]

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

[steadyprogress]

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

[des8]

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

[steadyprogress]

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

[des8]

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

[steadyprogress]

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?

[des8]

Yes!

[pt2537]

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

[steadyprogress]

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

[steadyprogress]

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

[pt2537]

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

[steadyprogress]

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

[CLL1]

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.

[R0b]

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

[CLL1]

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.