Audi A3 - Filed judgment by default but still have car - kirst29

Hi, I was hoping somebody may have had a similar experience and could maybe give me a bit of advice? I purchased a car in August and had lots of issues with it from day one, when I found it needed a new turbo I got a report from Audi and rejected the car. They ignored all my phone calls and letters so I applied to the small claims court. I stopped driving the car the day I sent the letter rejecting it and took a photo of the mileage with the date. I can now now file Judgment by Default as they never responded to the claim but I'm worried as I'm claiming £7000 for a car I still have in my possession. I really don't want to hand the car over to the garage until I have my £7000 back (I'm guessing it will go to the bailiffs to recover the money. Any advice welcome!

Audi A3 - Filed judgment by default but still have car - skidpan

Have you actually been to court yet? If not there can be no "Judgement by Default" surely.

Audi A3 - Filed judgment by default but still have car - kirst29

No I haven't been to court yet as the defendant never responded to the claim. I have spoken to the courts and as as he did not file an admission or defense to my claim I need to complete the Judgment by Default today ( I have issued the claim online).

Audi A3 - Filed judgment by default but still have car - Bromptonaut

Have you actually been to court yet? If not there can be no "Judgement by Default" surely.

The defendant is sent a summons and instructions to admit the claim in part or whole, defend it or counterclaim. If he ignores the summons, and many do, the claimant can, after 14 days, obtain 'judgement br default' and enforce via bailiffs or other means.

OP needs to speak to the Court and ask about enforcement options. Assuming judgement is for full claim then he/she should enforce that. Let the defendant worry about the rejected car.

Audi A3 - Filed judgment by default but still have car - harry55

Hi

DO NOT drive the car as you say you rejected it.

Have you now got a default judgement against the garage/dealer? If yes, take it to high court to get a writ and use Sheriff's to enforce judgement. This costs £60 initially.

A question - how did you pay for the car and when? if more than £100 by credit card, then use s.75 of the consumer credit act. It is a powerful tool. It can take time but I would suggest sending a complaint to chief exec of the credit card company to push matters. I have done this with a used car I rejected AND got a positive result in days. No stress or worried and all my money back plus costs.

 

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