This is posted for a friend who is a car dealer. On his own private land was a car with a sold notice in the window. A DVLA agent came and clamped the car. My friend on realising contacted them and said im a trader so no clamping allowed. They said well the managers not in, Ill get him to ring you on Monday. On the Sunday, they came and removed the car. This was before the 48 hours had expired. He raised a claim in the county court and by default, got a default judgement for the full amount of the car sale of £2300. With exes it was £2400. He issued a writ of fi fe and on the 28th September 12, the HCEO executed the warrant and the defendant paid in full. The money was held for the 14 days and the HCEO released the money, appearing in his account yesterday. He has now received a Notice of Hearing and a AQ form to complete. He phoned his local office who said that the judgement had been set aside WITHOUT A HEARING on the 9th October 12 (No paperwork received to this effect as they are 14 days behind) With the Notice of hearing is the defendants defence dated 8th August though when the HCEO went, they admitted they hadnt done it. My friend is obviously peed off that this can happen. He has followed the letter of the law, as has the HCEO and wants to know where he stands as he wants to initially appeal against the Set Aside. 1. If the end result is a loss for my friend, whos liable for the HCEO fees? 2. The court never informed anyone of the Set Aside hearing, nor did they inform the HCEO that it had been Set Aside, though they would have known of the writ of fi fe. 3. Can a court really set aside without an hearing. Surly not? Thoughts please