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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

      Comment


      • #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 Roach Pittis Solicitors. 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 Pt@roachpittis.co.uk .

        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.

        Comment


        • #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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          • #80
            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

            Comment


            • #81
              Originally posted by steadyprogress View Post
              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
              I work for Roach Pittis Solicitors. 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 Pt@roachpittis.co.uk .

              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.

              Comment


              • #82
                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

                Comment


                • #83
                  Originally posted by steadyprogress View Post
                  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
                  I work for Roach Pittis Solicitors. 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 Pt@roachpittis.co.uk .

                  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.

                  Comment

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