Application to set aside

[smintram]

I bought a car from a second hand car salesman, which developed a major fault with the automatic transmission. Long story short, he wouldn't put it right under the consumer rights act, so went through all the correct procedures, and he wouldn't respond to the complaint, except to say it wasn't his fault, and generaly deny any responsibility. Decided to sue him for the cost of repair through moneyclaim. No response to the letter before claim, and no response to the Mcol claim forms, that ccbc sent him. I obtained a default judgement, and low and behold, a few days later he applied to have it set aside, and claims he was abroad at the time....despite someone signing for service of documents, on behalf of his company whilst he was supposedly abroad.

The issue that is baffling me, is that he emailed me a copy of his application to set aside, citing his answer to this question: What information will you be relying on, in support of your application? He says, under "evidence", " I have email from (myself), that I used the wrong oil"..... Completely untrue of course,..but that's it....nothing else. I have the evidence that he is lying through his teeth, but do you think the court will entertain such an application, that lacks any substance or any real grounds to set aside..also will he be asked for evidence that he was abroad at the time? Thank you

[jeffrey23]

if you can prove it's his fault I think the problem will be solved you can't force him if he won't admit the fault. Find the evidence and let the law take care of it

^{_{jigsaw puzzle}}

[EnglandPi]

Even if it gets set aside it will only be delaying the inevitable. Lying to the court wont earn him any brownie points.

[smintram]

Yes, obtained the evidence I need from the main dealer. He has to prove that the fault didn't exist when he sold it to me, which is kind of an impossible task for him. Hearing 1st of March.