Aldwych Legal represented a private seller, Mr James Carter, in a dispute arising from the sale of a 20-year-old second-hand car to a private buyer who later claimed the vehicle was not roadworthy and sought a County Court Judgment under consumer rights and contract law.
What Happened
The sale took place in London. The buyer alleged the car had significant faults, including worn brakes and steering issues, and that these were not disclosed at the point of sale. They relied on the Consumer Rights Act 2015 to argue the vehicle was not of satisfactory quality or fit for purpose. The buyer pursued a County Court Judgment to recover the purchase price and associated costs.
Crucially, the claim papers were sent to an incorrect address, so the seller did not receive them in time and could not respond promptly, leading to a default judgment before we got involved.
Legal Issues
- Whether the vehicle, as sold, met the Consumer Rights Act 2015 requirements of satisfactory quality and fitness for purpose, taking account of its age and mileage.
- Whether disclosure and misrepresentation arguments affect rights and remedies under contract law.
- Whether the County Court Judgment could be set aside due to non-receipt of papers, and the applicable test under the Civil Procedure Rules.
Our Approach
We immediately reviewed the court papers and filed an application to set aside the default judgment on the grounds the seller had not received the claim. We relied on CPR and the Pre-Action Protocols to structure a response and preserve the defence.
Key steps included obtaining the timeline of communications, securing the seller’s full service history, and preparing a robust defence focusing on age, mileage, and transparency about MOT status. We also engaged in pre-action correspondence and negotiations with the buyer to narrow issues where possible.
After careful consideration, the court set aside the default judgment, allowing our client to defend the claim on its merits.
Outcome
With the default judgment set aside, Aldwych Legal continued to represent Mr Carter and prepared to contest the buyer’s claims. The case proceeds on a clearer footing, with improved prospects for a resolution that recognises the vehicle’s age and condition and the seller’s disclosures and goodwill gestures.
Result / Why It Matters
This matter demonstrates Aldwych Legal’s experience in civil and dispute resolution work, particularly in defending sellers in consumer disputes and navigating CPR procedures to protect clients’ rights.
