Small Claims Help please.

[gregh286]

hi guys,
a few years back i sold a car to a guy for £16.5k. I was rushing on hols that night, I let him go with the car after banks were shut, he couldnt do wire and left deposit of £500.
I held the V5 book thinking it would give me legal hold over car until i got full payment. We signed agreement etc.


Few days later he wired £13k, said car was not worth the £16.5k agreed.I said no prbs, give me the car back and i refund the deposit, he was having none of it. So, basically wanted cake and eat it.

So, I launched a small claim for the 3 grand.

The case come up last year and I appointed legal rep. firm to represent me. Day before court, they said would cost me around £1500 for them to represent me. Naturally its ludicrous price, so i told them forget it, but i couldnt make the court date myself so it was dismissed me and he was awarded £1750 as a counterclaim.
So, instead of being up 3k, i find myself down £1750.

I didnt pay, and he launched an enforcement order to pay.
I applied for a set aside order and it was granted a new hearing for the sep 7th past.

However, I never knew about the court date. My previous legal representation were on file, they received word on the court date and didnt notify me about the date.

Of course, the judge thrown out the case as no-one from my side showed up.

So, here I am facing a 2nd enforcement.

My question, would it reasonable to launch a 2nd set aside order on the grounds I knew NOTHING of the 7th sep hearing, I have this in writing from the law firm that they didnt notify me.
Surely, legal ethical practice would dictate that they had a moral obligation to notify me on the date.

any help greatly appreciated
thanks

[gregh286]

anyone have any idea? thanks guys.

[jaguarsuk]

My question, would it reasonable to launch a 2nd set aside order on the grounds I knew NOTHING of the 7th sep hearing, I have this in writing from the law firm that they didnt notify me.

Yes and include the letter from them.

[Amethyst]

When you made the set-aside application did you inform the court of the change of solicitor ? or the other side ? did they, or you, file a Notice of Change of Solicitor ( https://assets.publishing.service.go...0/n434-eng.pdf )

As you didn't show up to the first hearing, but knew about it, and your legal rep knew about it, and didn't inform the court it is very unlikely you'd get the judgment set-aside - as it was made at a hearing. It would need to be an appeal on the judgment rather than a set-aside. I feel you're just going to end up in a worse position and losing out further in costs and court fees. A complaint against the solicitors who didn't notify you of the date could be made, as could a complaint to the court ( although without the Notice of change of solicitor that might not get far)

Back to the actual case, what did the other side counterclaim for? and what was your defence to the counterclaim ?

[gregh286]

When you made the set-aside application did you inform the court of the change of solicitor ? or the other side ? did they, or you, file a Notice of Change of Solicitor ( https://assets.publishing.service.go...0/n434-eng.pdf )

As you didn't show up to the first hearing, but knew about it, and your legal rep knew about it, and didn't inform the court it is very unlikely you'd get the judgment set-aside - as it was made at a hearing. It would need to be an appeal on the judgment rather than a set-aside. I feel you're just going to end up in a worse position and losing out further in costs and court fees. A complaint against the solicitors who didn't notify you of the date could be made, as could a complaint to the court ( although without the Notice of change of solicitor that might not get far)

Back to the actual case, what did the other side counterclaim for? and what was your defence to the counterclaim ?

The other side counterclaimed as he said car needed £4750 of work done to it. hence the (£3000+£1750). Bearing in mind he inspected car for 4 hours prior to purchase and was sold as seen. I am not a dealer, etc. Car was 10 year old at end of day. On top, I offered full REFUND as he was not happy.
Thats why i totally expected to win the case.

I thought a new set aside order would be a good risk/reward to only £255, and if i get another hearing it can be a £4750 swing.(3k my way as opposed to £1750 his way)
I never got a chance to defend his counterclaim in court as I wasnt aware of court date

I will include in the set aside the not notification letter from the original representation.
Thank you for your time and advice

[gregh286]

Yes and include the letter from them.

Thanks , I just wasnt sure if it was possible to go set aside a 2nd time!

[Amethyst]

The other side counterclaimed as he said car needed £4750 of work done to it. hence the (£3000+£1750). Bearing in mind he inspected car for 4 hours prior to purchase and was sold as seen. I am not a dealer, etc. Car was 10 year old at end of day. On top, I offered full REFUND as he was not happy.
Thats why i totally expected to win the case.

I thought a new set aside order would be a good risk/reward to only £255, and if i get another hearing it can be a £4750 swing.(3k my way as opposed to £1750 his way)
I never got a chance to defend his counterclaim in court as I wasnt aware of court date

I will include in the set aside the not notification letter from the original representation.
Thank you for your time and advice

Did you ( or your legal reps) file a defence to the counterclaim ?

[gregh286]

Did you ( or your legal reps) file a defence to the counterclaim ?

hi,
not i am aware of. I didnt even realise he had a counterclaim in until I got hit with the £1750 bill.
it was my first time involved in a legal dispute and tbh i didnt really know what was going on.

[Amethyst]

Okay. Can we take a bit of a step back then to work out the actual situation.

Did you engage your legal reps to file the claim ? Did they give you a copy of the claim submitted, and the defence ?

Did you get a copy of the judgment order from the court after that first hearing ? ( are we sure it was a counterclaim as opposed to costs ) If he had put in a formal counterclaim then he may have obtained a default judgment on that ?

What reasons had you put in your set aside application ?

[gregh286]

Okay. Can we take a bit of a step back then to work out the actual situation.

Did you engage your legal reps to file the claim ? Did they give you a copy of the claim submitted, and the defence ?

Did you get a copy of the judgment order from the court after that first hearing ? ( are we sure it was a counterclaim as opposed to costs ) If he had put in a formal counterclaim then he may have obtained a default judgment on that ?

What reasons had you put in your set aside application ?

hi,
yes, i instructed them to file the claim of £3k.
Yes, I got copy of claim submitted and defence, but was not aware of the counterclaim at that time.
Yes, I got copy of judgement order from first hearing, it was a counterclaim + costs (£1750 + 500), total amount payable actually £2250. As my claim was struck out as I was not able to attend as I could not get flight to london in 24 hours notice. (I live in N.Ireland)

So, in my set aside app I said I could not travel due to short notice change and the fact my legal representation did not make it clear to me the high cost of representation until day before court date and I was granted a set aside and new hearing was set for 7th Sep 2018. That was the one i didnt know about it.
The court is now aware that my previous legal representation are no longer.

In my lack of legal ignorance, I imagined a court would notify claimant and legal rep. of a court date simultaneously. It appears not so.

2 weeks ago I received a letter from Wandsworth stating:
"Please note as requested XXXXXX have been removed from acting for yourself......etc"
"Unfortunetly you will have to wait judges order in writing before proceeding"

But the defendent is hassling me for the £2250 and he will press the enforcement button unless i pay ASAP, but i keep telling him i never received judges order as yet,
So, I have wrote to wandsworth twice asking the status.