I purchased a car in July last year and found out a month later that the car odometer has been rolled back. It read 60,000 kms at the time of purchased however upon a PPSR report given by someone else the actual odometer would have been in excess of 160,000 kms. I went to contact the private seller and requested for a refund and return the car (as well as with lawyer's letter). They replied with a threat instead, verbally over the phone and wrote a letter in english to decline. The lawyer mentioned that there is a big chance if the matter proceed to court. Therefore, I decided to apply for general procedure claim.
In January 2017, I received a default judgement and went for property seizure until April 2017 with no success. In April the defendant suddenly appointed a lawyer and applied to set aside the default judgement with reasons such as 'english is his second language' and 'thought the court document was fake as the fax was unclear'.
The first hearing for this was moved as both lawyers suggest that there will not be enough time. I read their affidavit and it was full of lies 'unable to read English'. Few days later, I found out by myself that they purchased the car at more than $10,000 lesser than the price they sold to me. On the second hearing, their lawyer had ceased to act for the defendant and they arrived 10 minutes late to the court and made excuses that they 'had been waiting for their to arrive'. The court decided to move the hearing to a month later to 'be fair' and dd an interpreter on the next hearing.
Third hearing, they appointed a lawyer 3 days before the hearing and their lawyer called my lawyer and said he does not have any material and suggest that the hearing is to be delayed. My lawyer then give him the documents that were filed to court for him to study. Only their lawyer appeared on the hearing. On this hearing the court decided to set aside the default judgement on the basis of 'his non-English speaking background'.
Any suggestions welcome.
In January 2017, I received a default judgement and went for property seizure until April 2017 with no success. In April the defendant suddenly appointed a lawyer and applied to set aside the default judgement with reasons such as 'english is his second language' and 'thought the court document was fake as the fax was unclear'.
The first hearing for this was moved as both lawyers suggest that there will not be enough time. I read their affidavit and it was full of lies 'unable to read English'. Few days later, I found out by myself that they purchased the car at more than $10,000 lesser than the price they sold to me. On the second hearing, their lawyer had ceased to act for the defendant and they arrived 10 minutes late to the court and made excuses that they 'had been waiting for their to arrive'. The court decided to move the hearing to a month later to 'be fair' and dd an interpreter on the next hearing.
Third hearing, they appointed a lawyer 3 days before the hearing and their lawyer called my lawyer and said he does not have any material and suggest that the hearing is to be delayed. My lawyer then give him the documents that were filed to court for him to study. Only their lawyer appeared on the hearing. On this hearing the court decided to set aside the default judgement on the basis of 'his non-English speaking background'.
Any suggestions welcome.
