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Application for default judgment & coterminous application for Third Party Debt Order
Good evening,
In brief: I’ve submitted a (court-served) claim against a secondhand car dealer for the cost of a car I purchased from them (for £8,500 plus fees and interest), because they’ve refused my (Consumer Rights Act 2015) refund request. The dealer’s made no response to timely initial repair then refund requests, nor further demand, nor subsequent pre-action letter nor, to my knowledge, the claim itself.
Assuming no response is received by the date specified in the Notice of Issue (18.x.22), I plan to request default judgment and ask for immediate payment.
i. Can I attach an application for a Third Party Debt Order to the request for (fixed sum) judgment assuming my request for immediate payment is granted in the judgment?
ii. If the answer to (i) is yes, is it wise/apt/pointless to submit a cover letter explaining my request or is it self-explanatory?
iii. I’ve got no interest in keeping the demonstrably faulty vehicle; I just want my money back. Should I make that clear to the Court and if so by what means?
iv. In considering application for default judgment do the particulars of claim have any bearing at all?
Thanks in advance for your thoughts and forgive me if this is too verbose.
In brief: I’ve submitted a (court-served) claim against a secondhand car dealer for the cost of a car I purchased from them (for £8,500 plus fees and interest), because they’ve refused my (Consumer Rights Act 2015) refund request. The dealer’s made no response to timely initial repair then refund requests, nor further demand, nor subsequent pre-action letter nor, to my knowledge, the claim itself.
Assuming no response is received by the date specified in the Notice of Issue (18.x.22), I plan to request default judgment and ask for immediate payment.
i. Can I attach an application for a Third Party Debt Order to the request for (fixed sum) judgment assuming my request for immediate payment is granted in the judgment?
ii. If the answer to (i) is yes, is it wise/apt/pointless to submit a cover letter explaining my request or is it self-explanatory?
iii. I’ve got no interest in keeping the demonstrably faulty vehicle; I just want my money back. Should I make that clear to the Court and if so by what means?
iv. In considering application for default judgment do the particulars of claim have any bearing at all?
Thanks in advance for your thoughts and forgive me if this is too verbose.
