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Car dealer has applied to set aside small claims judgment

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We were sold a car by a motor dealer, which broke down on the way home. We have Small Claims Court judgment for £5000. They didn't turn up, but they have now made an application to set aside on the basis that they had a good reason for not turning up. On the form they haven't said what the reason was, although said they had emailed the court. The court have no copy of the email, and we haven't been supplied with it either. They have ticked the box on the form saying their support of the application is their statement of case, in which their only defence is the car had passed an MOT and therefore we must have wrecked the car on the way home by driving it too fast on the motorway. It is a Toyota Celica T Sport. We have an engineer's report which says this is impossible. The big end bearing has failed which can only happen over a period of time and not in the first day of driving it. They also supplied us with a fake service history. We have a hearing for the application on 4th February.

 

So in summary, they say they had a good reason for not turning up (although we don't know what that is), and they have a reasonable prospect of success at rehearing.

 

Have they any chance of success here? Do judges usually allow such applications?

Edited by ims21
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Hello there.

 

I've started a new thread for you, so you can have advice specific to your problem. I'll send you a link by PM.

 

My best, HB


Illegitimi non carborundum

 

 

 

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Can you please clarify the faked service history?

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Thanks :-) I would really appreciate from hearing from anyone who has experience of it. We just couldn't believe that he could do this. My husband thinks it is just time wasting and that he won't turn up again, but I find it difficult to believe anyone would make such an application without believing he has some chance of success.

Edited by ims21

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My reply crossed with yours Surfer!

 

Yes, I can clarify.

 

The car dealer concerned gave us a photocopied service history. With all that happened we had doubts about its validity and found the name of the previous owner in documents that came to light in December (we purchased the car in August). We wrote a letter to her, asking for information on the car and she sent us the service history she had, which only went as far as 2009 and when we compared it with the photocopy it was totally different in every way: details of supplying dealer and every service check. This original ties in with everything we have been supplied with by Toyota, including the fact that the car had the same problem in 2010! The photocopy had invented service history going up to August 2012 when we bought the car.

 

So with that and the Sale of Goods Act relating to the car, we can't see that he has any sort of case!

Edited by ims21
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style="text-align:center;"> Please note that this topic has not had any new posts for the last 2460 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you
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