Obtained a CCJ, defendant being a ****

[zaac]

So i brought a car from a guy who told me he was a trader/dealer.

 

Car was described as having no mechanical or electrical faults 2 days later car stopped dead wouldn't move. EGR valve had gone and also traction control system had faults logged in the ECU...

 

Took it along to seat got a bill for £2000

 

(cutting a long story short here)

 

Went back to the dealer/trader told me he wasn't a car trader and offered me £101 as compensation and told me nothing else i can do and he will not take the car back.

 

After issuing claim form he made an offer of full refund including costs which i accepted... he never turned up...

 

he didn't reply to the directions questionnaire and was given a further 2 weeks... he still didn't respond.

 

today i got the judgement which orders him to pay £1963 and wrote to him requesting payment.. he NOW says after he got a copy of the judgement that he has written to the court requesting his defence be reinstated as it was struck out and the further trial directions to be issued.

 

I have transferred the case for high court enforcement and i have also applied to the courts for a charging order as he owns his property...

 

Me personally would find it highly unlikely that he would get his defence reinstated as he was given ample time and only when getting a letter from the court telling him he owes 2 grand does he then get his arse into gear... realistically what is going to happen now?

 

#Edit

 

Further to the above, i have evidence of everything stated by the defendant with regard to his title as car dealer and also the fact he described the car as being mechanically and electrically faultless. Forgot to mention!

 

Oh and he has an appointed solicitor... His dad... lol he is a freelance solicitor for his dads firm... can't be very good he was convicted of perjury in 2012 whilst working at the same firm he's at now he lied to police and courts about serving documents in person to an individual.

 

 

http://www.peterboroughtoday.co.uk/news/latest-news/law-worker-who-misled-court-jailed-for-a-year-1-4544217

Edited January 8, 2015 by Conniff
reinstated and link added.

[Conniff]

I have transferred the case for high court enforcement and i have also applied to the courts for a charging order as he owns his property...

 

 

Well done you. I wish others were as determined as this to stop these people in their tracks. High court good, charging order, brilliant.

[zaac]

I'm now concerned though having paid the fee for HCEO to recover the debt, the defendant is filing with the court to have his defence reinstated!? Surely the Judge will see that the defendant has waited until receiving the judgment before even talking to the court.

 

He did file a defence but due to not filing directions questionnaire after being asked by the court twice and failing to respond it was struck out and i submitted a N225 request for default judgement... I'm by no means a solicitor but have knowledge of consumer law and after this ****** had me over I've done everything within my power to get the money off him to pay for the repair to the car he sold me... it was even down to the point he told me he took it in Part ex but when in his defence he said that he purchased the vehicle for his own use 9 months prior to selling it me... Obviously selling it as it was fubared!

[BankFodder]

If you had notice of his setaside application before you transferred up then you are on dodgy ground. I hope that you got an assurance from HCEO that there would be no fee if the judgment was not enforced.

 

Even though there may be very good reasons for not granting the setaside, judges tend to go for the setaside on the basis that if the claimant has a just case then he will be given judgment at the final hearing. You might be advised to call HCEO and tell them to put everything on hold until it is sorted.

Meanwhile get ready to ask the judge for costs which you have reasonably incurred so far in enforcing the judgment

[zaac]

No notice of setaside has been given to me nor the court, he said he filed it today. The HCEO said the total exposure would be £150, £60 transfer up fee plus £75 +vat if it goes tits and they can't recover it.

 

#Edit

 

As it stands now the case has been transferred up and no setaside notice has been received nor any documents served to me by the defendant or court in relation to this all i have is a 2 line email off him stating the following after requesting payment

 

"We have today made application to the court for the Defence to be reinstated and for further Directions for Trial to be issued.No doubt you will be hearing from the court in due course."

[Conniff]

You will notice in a lot of similar threads on here that an application for set aside has been made after everything has been tied and bagged.

If there is a car sales school, how to frustrate court proceedings must be one of the first lessons taught.

[zaac]

You will notice in a lot of similar threads on here that an application for set aside has been made after everything has been tied and bagged.

 

That is my question. Is this the end of it? Because when i told the HCEO today that i had received that e-mail he told me he needed to converse with his colleague and get back to me tommorow... I've got the judgement there is no reason good enough that he could have his defence reinstated, his defence is laughable anyway it just states that there is no warranty and the buyer beware term is valid but my claim is that the item was not as described and that the seller misrepresented himself which trading standards and the police were interested to hear but not heard anything back from them.

 

I have sent the charging order off to the court anyway as the time i sent it and the time i requested to transfer the case to High Court there was no physical notice that the defendant had filed anything to the court no documents other than a 2 line statement... It means nothing so i have proceeded but under the circumstances that he ignored the court until the stage he got a letter saying you owe the claimant £2k and it's to be paid immediately

[zaac]

Further email received in response to charging order

 

"We have already informed you that our client has made application to the court in relation to the judgment you have entered.If you apply to enforce the Judgment our client will apply for a stay and an Order for costs against you personally.The Defendant considers you contacting him with unwanted emails and sarcastic comments constitutes harassment and if this behaviour contiues we will draw your behaviour to the attention of the District Judge and also make a formal complaint to the police."

 

Unwanted e-mails being documents served.... Sarcastic comments... I think i made a comment asking what law school they went too after they keep repeating the fact i have no warranty on the car after i keep telling them it's not a warranty issue its item not as described, false representation, not satisfactory quality etc etc...

 

How true is what he is saying? The HCEO is transferring up the case the court got my charging order request but received nothing from the defendant with relation to them trying to reinstate the defence but the court said they would need to halt the high court action and the ccj action before trying to reinstate the defence but they haven't applied for anything to be stayed at all they said.

[zaac]

The plot thickens, spoke to the court today the defendant has only rang them today asking what his options are and not made any application but i've just logged on and it says the following for 9/1/2015

 

Your judgment against Mr Edward Terrell was issued on 23/12/2014

Mr Edward Terrell notified the court of a change of address on 09/01/2015

A bar was put in place for Mr Edward Terrell on 09/01/2015

 

What does this mean!?!?!?

[zaac]

Oh so after i've got a judgement the court has now decided they have made a mistake... They did infact receive the defendants DQ and the case has been transferred to a district judge for a decision on what should happen next... wether i win or we need to go to court... BRILLIANT news... NOT!

[Hacked_Off]

Is he trying to have the address change as a valid reason for a set aside and not filing his questionnaire?

[zaac]

Is he trying to have the address change as a valid reason for a set aside and not filing his questionnaire?

 

Earlier today the court said he rang this morning to find out his options he was advised what he Could apply for with regard to reinstating his defence

 

3 hours later a bar was put in place so I called back and they informed me the defence was struck out in error as the DQ was received but never put on file.......... and they have transferred to district judge to decide on direction.....