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I thought I'd start a new post so I can be more concise with my questions. In short defendant claims he only learned of the default judgement in Nov/Dec 2018 hence his application now to set aside. I believe I have evidence to contradict....
Default judgment awarded on 17/5/18, defendant claims address I have for him is his parents who spend several months of the year overseas. He therefore claims that he did not learn of the CCJ until his parents returned in Nov/Dec 2018 when they gave him the default judgment. I believe the address I have to be correct & also that he was aware of the CCJ from the start for the following reasons:
I have a copy of the text from the defendant providing the address to meet him at to view the car (private sale & private home).
We concluded the deal inside the property to which he had keys for.
The vehicle's V5 printed address matched the address we were at.
The 1st letter I posted to him via recorded delivery at the address was signed for by someone with the same surname as defendant.
I have proof of postage of my Letter Before Action sent to the same address.
Copies of the mailed letters were also text to him & I have screenshots that show they were read.
He text a response to my letter before action offering me £500 towards repair. I declined his offer as it was nowhere near the amount needed to fully repair so he responded by saying we'll let the court decide" (Annoyingly I don't have a cooy)
When the court posted the judgment to me I text the defendant stating that as the court had awarded in my favour could he please arrange refund & collection of car (I unfortunately don't have a copy). He didnt respond.
Basic internet search also has defendants address as the 1 I have.
Escalated to HCW, enforcement company obviously did their own enhanced checks & searches again the address matched to the one I provided. They mailed 1 letter & hand delivered 3 in May, June & August. No contact made & due to data protection they are unable to advise whose name the vehicles on finance at the property were in. Their report stated someone was inside the property on 1 of the visits.
Do I have enough evidence to quash his claim he does not live at address and that he has only recently found out about the CCJ? Will he have to provide any proof?
Thank you
Default judgment awarded on 17/5/18, defendant claims address I have for him is his parents who spend several months of the year overseas. He therefore claims that he did not learn of the CCJ until his parents returned in Nov/Dec 2018 when they gave him the default judgment. I believe the address I have to be correct & also that he was aware of the CCJ from the start for the following reasons:
I have a copy of the text from the defendant providing the address to meet him at to view the car (private sale & private home).
We concluded the deal inside the property to which he had keys for.
The vehicle's V5 printed address matched the address we were at.
The 1st letter I posted to him via recorded delivery at the address was signed for by someone with the same surname as defendant.
I have proof of postage of my Letter Before Action sent to the same address.
Copies of the mailed letters were also text to him & I have screenshots that show they were read.
He text a response to my letter before action offering me £500 towards repair. I declined his offer as it was nowhere near the amount needed to fully repair so he responded by saying we'll let the court decide" (Annoyingly I don't have a cooy)
When the court posted the judgment to me I text the defendant stating that as the court had awarded in my favour could he please arrange refund & collection of car (I unfortunately don't have a copy). He didnt respond.
Basic internet search also has defendants address as the 1 I have.
Escalated to HCW, enforcement company obviously did their own enhanced checks & searches again the address matched to the one I provided. They mailed 1 letter & hand delivered 3 in May, June & August. No contact made & due to data protection they are unable to advise whose name the vehicles on finance at the property were in. Their report stated someone was inside the property on 1 of the visits.
Do I have enough evidence to quash his claim he does not live at address and that he has only recently found out about the CCJ? Will he have to provide any proof?
Thank you
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