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
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
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