Sold a faulty car

[ammalik786]

Re: Sold a faulty car

Hi guys...quick update. The 14 days passed and i have sent in a demand for judgement to the court as defendant did not respond. What happens now?

[ostell]

Re: Sold a faulty car

Did you fill in the form?

You wait to get the judgement order from the court which will also be sent to the defendant. Sensibly he should pay within a month or a CCJ would be recorded against him. If no payment then it's the bailiffs and if they fail then the sheriffs. Costs are added each time. You could be a TV star yet!

If payment is not forthcoming then get details of the additional costs and write to them pointing out the additional costs they will have to pay for enforcement.

( OK they are not bailiffs any more, they're enforcement officers.)

[Amethyst]

Re: Sold a faulty car

Just a warning that the defendant COULD apply for a set aside of the judgment then proceed to defend. He should ask you to consent first, but more likely will just apply to the court. It is best just to consent to this as it can add costs on in the long run otherwise. The court should send you a copy of the Judgment in Default and once the terms of that Judgment have been broken ( eg he hasn't paid) you can start enforcement action.

In the claim did you also ask for a specific remedy like the car being collected by the defendant ?

[ammalik786]

Re: Sold a faulty car

Thanks ostell...I'd rather he sorted this out before enforcement but i don't think he will

- - - Updated - - -

Thanks Amethyst...i did not ask for the car being collected but did insist on this in the letters before action.

[ammalik786]

Re: Sold a faulty car

Update....Sent the request for judgement but it has been returned stating that the defendant filed an acknowledgement service at the last minute. I now have to wait until 2nd June to find out what is going on as they have a 14 working day backlog!!!

[ostell]

Re: Sold a faulty car

By now he should have filed a defence and you should have a copy. What was the date of service?