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Hi, I'll try to add as much information as I can but will need to keep it as anonymous as possible.
Last year my company brought a vehicle from another company. The owner of the company was also my landlord at the time.
This vehicle at the time of sale was being used for their business but the person who was going to run the business couldn't do it anymore so they sold the assets. We were contacted by email when they advised the business, again saying the vehicle had been used by themselves and could be used in that manner. We also saw them using the vehicle in this way. We brought the vehicle from them after many conversations where we were assured beside a few cosmetic issues the vehicle was fine to be used in the manner we were planning.
We signed a contract that stated we could pay in 2 installments, on receipt of the 2nd installment the vehicle would be transferred to ourselves. The vehicle was sold as seen with no warranty. We paid the first installment and began to fix the cosmetic issues we had been told about.
Around 2 months later, we asked the person we bought the vehicle from for a very important piece of paperwork, we were then informed that this vehicle had never had this piece of paperwork, and they were aware of this fact as they had taken the previous owner to court for the same issue. Without this piece of paperwork the vehicle is illegal to use, we had no reason to believe that they did not have this in place as we had seen this company carrying out paid work using this vehicle. And the person who we bought it from was a reputable business person, this wasn't their only business at the time.
After it transpired this vehicle was illegal to use, we tried to work with the person we got it from to come to a mutual agreement so we could get it up to standard. We exchange many emails but could not come to any satisfactory outcome so we told them due to the vehicle being miss sold to us we would like our first installment returned, to which he refused and told us to contact his lawyer. We agreed to talk to his lawyer but he never gave us any details.
Durning this time they used the vehicle without our permission, which we have evidence of. We returned the vehicle.
We again emailed to tell him that we would be seeking our money via the courts to which he claimed this was the first he had been told there was a problem.
We sent a letter of notice which he confirmed he received via email and reply he would see us in court.
We applied for the CCJ and put the correct address and email address for him. He did not respond to any correspondence from the courts and we won by default.
Around a month later we contacted again about making payment, we was informed that they had applied for the CCJ to be set aside, and he was putting in a counter claim for the full balance and fees he had incurred including lawyers fees. This was the first we had been told about this.
We finally got his lawyers contact details and he told us the form had been sent around 2 weeks after the CCJ was issued.
We heard nothing for another month then there laywer contacted us again. He told us they had applied for the CCJ to be set aside as his client did not receive anything from the courts. He also said you can see It happens because you haven't received anything either.
It transpires that we had received no correspondence because the laywer had put the wrong postcode for us on the forms.
The lawyer then emailed us to tell us we should have informed his client after we issued the CCJ so he had the chance to defend it. No where does it say that we have to do this, as the courts contact the defendant.
He then asked us to sign a consent form for it to be set aside, to which we had refused as we feel the judgement is correct. He said refusal will be reflected in the costs of order his client will be adding to the counter claim.
We have emailed the courts to let them know about the wrong address the defendant has put on the forms he sent off over 6 weeks ago. And asked the lawyer to do the same.
We wondered what sort of chance they have of this being set aside and how long it would take to hear from the courts as it has been 6 weeks if they put the claim in when said. Would we hear anything if it is not set aside? As of today then money claims portal still shows the CCJ awarded.
We also want to know if we can request proper details of the counterclaim and defence. Also how much they could potentially try to claim.
The CCJ is less than £3000.
Thanks for reading
Last year my company brought a vehicle from another company. The owner of the company was also my landlord at the time.
This vehicle at the time of sale was being used for their business but the person who was going to run the business couldn't do it anymore so they sold the assets. We were contacted by email when they advised the business, again saying the vehicle had been used by themselves and could be used in that manner. We also saw them using the vehicle in this way. We brought the vehicle from them after many conversations where we were assured beside a few cosmetic issues the vehicle was fine to be used in the manner we were planning.
We signed a contract that stated we could pay in 2 installments, on receipt of the 2nd installment the vehicle would be transferred to ourselves. The vehicle was sold as seen with no warranty. We paid the first installment and began to fix the cosmetic issues we had been told about.
Around 2 months later, we asked the person we bought the vehicle from for a very important piece of paperwork, we were then informed that this vehicle had never had this piece of paperwork, and they were aware of this fact as they had taken the previous owner to court for the same issue. Without this piece of paperwork the vehicle is illegal to use, we had no reason to believe that they did not have this in place as we had seen this company carrying out paid work using this vehicle. And the person who we bought it from was a reputable business person, this wasn't their only business at the time.
After it transpired this vehicle was illegal to use, we tried to work with the person we got it from to come to a mutual agreement so we could get it up to standard. We exchange many emails but could not come to any satisfactory outcome so we told them due to the vehicle being miss sold to us we would like our first installment returned, to which he refused and told us to contact his lawyer. We agreed to talk to his lawyer but he never gave us any details.
Durning this time they used the vehicle without our permission, which we have evidence of. We returned the vehicle.
We again emailed to tell him that we would be seeking our money via the courts to which he claimed this was the first he had been told there was a problem.
We sent a letter of notice which he confirmed he received via email and reply he would see us in court.
We applied for the CCJ and put the correct address and email address for him. He did not respond to any correspondence from the courts and we won by default.
Around a month later we contacted again about making payment, we was informed that they had applied for the CCJ to be set aside, and he was putting in a counter claim for the full balance and fees he had incurred including lawyers fees. This was the first we had been told about this.
We finally got his lawyers contact details and he told us the form had been sent around 2 weeks after the CCJ was issued.
We heard nothing for another month then there laywer contacted us again. He told us they had applied for the CCJ to be set aside as his client did not receive anything from the courts. He also said you can see It happens because you haven't received anything either.
It transpires that we had received no correspondence because the laywer had put the wrong postcode for us on the forms.
The lawyer then emailed us to tell us we should have informed his client after we issued the CCJ so he had the chance to defend it. No where does it say that we have to do this, as the courts contact the defendant.
He then asked us to sign a consent form for it to be set aside, to which we had refused as we feel the judgement is correct. He said refusal will be reflected in the costs of order his client will be adding to the counter claim.
We have emailed the courts to let them know about the wrong address the defendant has put on the forms he sent off over 6 weeks ago. And asked the lawyer to do the same.
We wondered what sort of chance they have of this being set aside and how long it would take to hear from the courts as it has been 6 weeks if they put the claim in when said. Would we hear anything if it is not set aside? As of today then money claims portal still shows the CCJ awarded.
We also want to know if we can request proper details of the counterclaim and defence. Also how much they could potentially try to claim.
The CCJ is less than £3000.
Thanks for reading
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