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Car purchase from private seller - Jay.bee

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

Car purchase from private seller - Palcouk
2nd application for what? since the set aside application was dismissed. I'm unsure whether by HCW you mean that you have applied/paid to pass the judgment/collection to the High Court Balifs.
As it is it sounds like a family with previous, and you wouldnt want to waste anymore money in chasing the debt
Car purchase from private seller - Jay.bee

A 2nd application for him to set aside but with my consent

HCW High Court Writ - bailiffs were unsuccessful in contacting defendant

Car purchase from private seller - Bromptonaut

High Court Enforcement is pretty heavy duty, I fear you may be dealing with a man of straw.

Application for him to be ordered to attend court and be examined as to his means might be worthwhile but beware chucking more fees away for no gain.

Car purchase from private seller - SLO76
As much as you did win in Court (largely because they didn’t defend) you should never buy a car privately without accepting that it is essentially sold as seen. The likelihood of any recompense is highly unlikely and I’d advise against throwing more money at pursuing this guy. You buy privately to save money but at a risk of losing some or all of it. If you’re not prepared for this then spend the extra and buy from a dealer.

I’m curious about what type of car it is and what mileage was up when you bought it? Did it have a full history and did you carry out any relevant checks as in did you carry out due diligence before risking your money? Also what is actually wrong with it that caused you to seek a refund?





Car purchase from private seller - Jay.bee

Yes I was a fool & I realise I've been fortunate on this occasion only due to the advertisement not being accurate. Lesson learnt the hard way!

Car purchase from private seller - skidpan

Yes I was a fool & I realise I've been fortunate on this occasion only due to the advertisement not being accurate. Lesson learnt the hard way!

Believe any advert at your own peril. Surprised you did not realise that many people do not tell the truth.