As briefly as I can, I purchased a vehicle from a private seller in Feb 2018. The car did not match the description from the advertisement, was not fit for purpose & a danger to be on the road. Despite my requests to return the car & be refunded he refused so I filed a claim for just under £8000. Default judgement granted in May last year as defendant did not acknowledge or defend.
Escalated to HCW & enforcement agents called 3 times but the door was not answered at defendants address & all vehicles parked at the property were on finance. In December I received a letter from a solicitor acting for defendant claiming he did not receive claim form as the address used was his parents & not his.
Set aside hearing was last month & dismissed by judge as no defence filed. Incidentally, the address given to the court by the defendant was the same address I had been using! I'm considering what next steps to take to recover monies owed.
What I know about the Defendant's circumstances: he works for various family Ltd businesses & is the Director of one. On checking Companies House, the business are regularly dissolved & set up again under a new name & different family member. He lives at home with his parents. I have his bank account details from when I did the bank transfer for the car purchase. I imagine the CCJ has caused credit issues as I can't think of another reason why he would apply to set aside so I am considering writing to him to offer to consent to a set aside application providing he pays what he owes.
Is it possible to make a 2nd application? Failing that I've also considered an order to obtain information or as a last resort statutory demand (bankruptcy is too costly to be considered for the foreseeable future) Thanks for reading.
(Edit: Some pargraphs inserted - otherwise readers will lose the will to live.)
Edited by Avant on 10/05/2019 at 23:51
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