Audi A4 used car dealership.

[ostell]

Are you going to upgrade to High Court?

[LittleElf]

ostell I am unsure. I really am unsure what I am doing here.

[des8]

There are several ways to try and force payment if the defendant doesn't pay up voluntarily.
One way is to apply to the High Court*
Your options are here:*https://www.gov.uk/make-court-claim-...rce-a-judgment

[LittleElf]

des8*
I have received the following asking for the judgement to be set aside.*We act as agent on behalf of the above named Defendant and we are not instructed as their solicitors. The Defendant acts as a litigant in person.
*
Please see attached the Defendants N244 Application to set judgment aside. We would be grateful if you could confirm whether you are happy for the Defendant to make the application.
They are also saying they have never sold ME a car. My husband signed for the car and paid for the deposit and the invoice is in his name but we are married and also, I paid for the full amount of the vehicle out of my account and the V5 is in my name.
I am not sure what to do here.

[des8]

I did warn you he might apply to set aside.

Because there could be costs implications I would suggest you consent to the application but request an order for costs in the your favour.
Point out the full extent of notice of the claim which the defendant had before service, and between service and making the application.

You could oppose the application on the basis the defence has no merit

Regarding their defence:
a judge will review all the evidence surrounding the purchase and typically, the assumption will be that the person who made the purchase will ultimately benefit from it.
Did you view the vehicle with your husband and decide upon it with his help?
You paid and presumably you can produce a bank statement showing the transfer of funds from your account to the defendant. The invoice is not relevant unless there are allegations of fraud

[LittleElf]

Yes I did view the vehicle with my husband. My husband then went and paid a deposit of £300.00. When we collected the vehicle, I paid from my bank account the remaining sum of £4,000 which I have a bank account statement showing the same. On the invoice my husband signed, it says remaining balance outstanding of £4,000 which I paid. Also, the V5 is in my name which the car dealership signed and sent off to the DVLA. I dont feel the defence has merit they are saying I am a vexatious litigant. We are married, does it not mean its a joint asset anyway?
*

[des8]

Vexatious litigants are individuals who persistently take legal action against others in cases without any merit, who are forbidden from starting civil cases in courts without permission. (you can find if you are on the list here:*https://www.gov.uk/guidance/vexatious-litigants)

I too agree their defence has no merit, but the courts bend over backwards to be "fair" and even if you oppose the application the judge might allow it.

Your husband had a very minor interest in the vehicle which I would regard as being gifted to you. I wouldn't class it as a joint asset.
You paid for it from your bank account and it is registered in your name solely

[LittleElf]

Well I am not a vexatious litigant as I have never taken legal action before. Thats correct, the V5 is registered in my name and I paid for the vehicle. Do I have to respond to this company who state they are not acting as their Solicitor? It will be 14 days on Thursday since I entered the Judgement. They also stated one of their suppliers notified them about the judgement being made against them which I do not understand.

[LittleElf]

des8*Do I have to reply to this
email and agree? I do not think for one minute that a supplier has all of a sudden entered the premises and found the post. It states on their website they are working hard behind the scenes.

[des8]

You do not have to agree to it.
You can dispute it and it will go to a hearing to decide if the judgment should be set aside
At that time you point out that they were aware you were going to initiate court action and that indications are that the premises were still in use.
However do you have any proof of that? What you "think" or "believe" just won't cut it!

You should respond to the defendant, and tell them of your decision.
Mention that you have heard from XYZ, but until you receive advice from the claimant themselves that they have appointed an agent you will not deal with them

[LittleElf]

des8. *So I should respond to the Defendant directly and not this agent? I have a screenshot of photo evidence saying they are working hard behind the scenes from social media even though they are closed. Within their Defence it states that a supplier has told them that a judgement has been made against them, I do not understand this. *On the invoice that my husband signed and paid for the deposit only of £300 it states I hereby certify I am the buyer. Does this matter? I am anxious now because they are asking for it to be struck out as they have never entered into contract with myself.

[des8]

That statement will certainly make it more difficult for you.
To form a binding contract, there must be an offer from a seller that is accepted by a buyer based on an exchange of value (sometimes called consideration) and a mutual intention to form an agreement
Somehow you will need to convince the judge that you paying the £4,000 means that despite* the evidence of the invoice you were the true buyer and you formed the contract with the dealer.

Tagging R0b*to obtain another view

[R0b]

I'll have a read and respond, is this about the set aside?

[des8]

Yes* set aside.
OP went with husband to purchase car.
Husband paid £300 deposit, OP paid balance £4000
Vehicle unsatisfactory and claim filed at court. by OP
Obtained default judgment as defendant did not respond.

Set aside application made
Defence is that claimant had no contract with seller.
Have now found that on paying deposit husband signed invoice certifying he was purchaser, although car was actually for OP and registered in her name by seller.

[LittleElf]

Thank you both. They sent the V5 off in my name to the DVLA and I paid the balance out of my account. Also they have been corresponding with me throughout since February when I lodged the complaint. They know who I am and we are married. We bought a family car.*