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Today I received a county court Claim Form. I am being sued as I unknowingly bought a vehicle which had a Bill of Sale on it. I did do a post about this when I first became aware of it.
I am a bit upset - obviously. The new owner is sueing me as they say I did not have title to the vehicle as there was a Bill of Sale on it. I had no knowledge of this at all. I even did a vehicle check. She stupidly paid Mobile Money.
Attached is the BOS that I have been sent. It is only part of the BoS - what reference do I quote to get the whole of the BoS from the Supreme Court.
The BoS was also put on a vehicle that was 10 years old - I have read on the forum that it can only be attached to vehicles not over 8 years - is this right and do you know where I can find a reference to this.
I had taken legal advice and I was told that she did not have a case against me - her solictors see to think that she has.
I have just spoken to the person I bought the lorry off and he claims that he paid the loan off fully.
Please could the BoS experts look at mine and tell if it looks dodgy or not , also apart from the obvious get a solictor - what would you do next?
What are my chances of winning my case and not having to pay this lady £2,500?
Today I received a county court Claim Form. I am being sued as I unknowingly bought a vehicle which had a Bill of Sale on it. I did do a post about this when I first became aware of it.
I am a bit upset - obviously. The new owner is sueing me as they say I did not have title to the vehicle as there was a Bill of Sale on it. I had no knowledge of this at all. I even did a vehicle check. She stupidly paid Mobile Money.
Attached is the BOS that I have been sent. It is only part of the BoS - what reference do I quote to get the whole of the BoS from the Supreme Court.
The BoS was also put on a vehicle that was 10 years old - I have read on the forum that it can only be attached to vehicles not over 8 years - is this right and do you know where I can find a reference to this.
I had taken legal advice and I was told that she did not have a case against me - her solictors see to think that she has.
I have just spoken to the person I bought the lorry off and he claims that he paid the loan off fully.
Please could the BoS experts look at mine and tell if it looks dodgy or not , also apart from the obvious get a solictor - what would you do next?
What are my chances of winning my case and not having to pay this lady £2,500?
Thanks for any help
well that bill of sale is usless and why she paid mm £2.500 when the total loan was only £1.600. bill of sale has no stamp plus no solicitors name on it. plus by the time you do get a copy (if it exists) of the bill of sale it is dead on 15th september 2010. (bos only has a 5 year life)
but the main question is did she do a HPI check..... if you have the guys details you bought it from them pass them onto her .... it was his loan she paid off.
She didn't do an HPI check on it, I have passed all the guys details on to her and her solictors say that she has no desire to sue him, only me. He is even a part time trader - but no she is sueing me.
She didn't do an HPI check on it, I have passed all the guys details on to her and her solictors say that she has no desire to sue him, only me. He is even a part time trader - but no she is sueing me.
Thank you for replying - I hoped you would
Hi. just call her solicitor and ask him who dept did she pay off ....... and does he need to be a rocket scientist to work it out.
plus looking at your BOS it only has 6 payments .... thats six months what happend to the 4.5 years of no payments
let us know if you need help doing the defence to the claim
we have 14 days to acknowledge, so plenty of time
Thank you for your offer
I am going to put in an acknowledgement of service as I am away all next week so I can't put a defence in within 14 days.
I am struggling to find a solictor that understands BOS or log book loans. The one I spoke to just told me it was complicated. Really!
He did say though that I needed to submit an A23 to get the guy who I bought the vehicle of name into the claim. Does that make any sense?
The person I bought the vehicle of is a dealer, is still advertising themselve as a Dealer - does that make my case any easier as he was trade - although the vehicle may have been a personal one?
I am still trying to find something to support the fact that you can't put a Bos on a vehicle over 8 years old - this vehicle was 10 at the time - does anyone have any links to support the 8 year rule?
I am going to put in an acknowledgement of service as I am away all next week so I can't put a defence in within 14 days.
I am struggling to find a solictor that understands BOS or log book loans. The one I spoke to just told me it was complicated. Really!
He did say though that I needed to submit an A23 to get the guy who I bought the vehicle of name into the claim. Does that make any sense?
The person I bought the vehicle of is a dealer, is still advertising themselve as a Dealer - does that make my case any easier as he was trade - although the vehicle may have been a personal one?
I am still trying to find something to support the fact that you can't put a Bos on a vehicle over 8 years old - this vehicle was 10 at the time - does anyone have any links to support the 8 year rule?
Thanks
Hi. two things. your bos is not valid. ask mobile money for a copy of the supreme courts bos. and as far as you have bought from a dealer also puts the bos out of the window. but i will tell you that the bill of sale you have posted is not a true bos
I am going to put in an acknowledgement of service as I am away all next week so I can't put a defence in within 14 days.
I am struggling to find a solictor that understands BOS or log book loans. The one I spoke to just told me it was complicated. Really!
He did say though that I needed to submit an A23 to get the guy who I bought the vehicle of name into the claim. Does that make any sense?
The person I bought the vehicle of is a dealer, is still advertising themselve as a Dealer - does that make my case any easier as he was trade - although the vehicle may have been a personal one?
I am still trying to find something to support the fact that you can't put a Bos on a vehicle over 8 years old - this vehicle was 10 at the time - does anyone have any links to support the 8 year rule?
Thanks
OBW you said that you did a HPI check and that nothing was showing on the car, correct?, do still have a copy?
Do have any the paperwork from the dealer? or did he sell it off the forecourt on the road (usally done by dealers on dodgy cars and any comebacks, state sold as seen, private sale)
You like the new owner, are victims, so you have done nothing wrong, you can defend this quite easy, you just need to provide the court with the paperwork (copys)-Just think of one thing at a time.
Thats the basis of the law set out, you will notice it refers to crops and farm equipment...yeah BS-but this is the way LBL play...
If you are going away, you will need to inform the court with proof, i.e flight, booking copy..do this today, the courts are busy and you may find that court may go ahead while you paperwork is a processed.
Also get the case heard local to you, you have that right...better to play on your own turf..
You will need to start getting your defence together, i you have a question ask...
Ok, so you are being taken to court, yes?- from a person you sold the lorry to, now MM have apeard and said its thiers...
Reading from the your posts, can you get a statement from the guy you purchased it from?
You also have a HPI check, have you done another check? You could also ask in the court statement was there a check done by the new owner?
Its seems to me that they are cluching at straws on this. When is the court case set and how far have you got with it?
It is also clear the SOL is trying to get you by default on procedure issues.
So another letter from the claimants solictors unless I agree to pay her the money they are going to add Mobile Money as a Second Defendant - and that is going to cost me a lot of money - I don't see how.
They have also now sent another Bill of Sale to me, this time dated 15th November 2005 for £3,500. The last one was dated 15th September 2005 for £1,000. Does the 2nd BOS cancel out the first BoS? they haven't sent a copy of the the CCA that goes with it.
They have also sent a copy of the Supreme Court Date stamp - it is dated 23rd November 2005 - that is 8 days after the agreement was made - and that day was a wednesday, so they can't use the weekend excuse for being late - so it is too late?
This is what I am plannign to write on my allocation questionaire - does it sound OK - should I change anything? They are trying to use CPR r3.4 to get my defence thrown out - so thought I might as well do it back. Should I write something about how the woman should never have paid MM?
The Defendant respectfully requests the court use its case amagement powers in CPR r3.4 (2)(a) to strike out the statement of claim as it discloses no reasonable grounds for bringing the claim. The defendant did have legal title to the horsebox as the Bill of Sale was void, therefore legal title never passed to Mobile Money and Mobile Money could not use the horsebox as security for the loan. The Bills of Sale Act (1878) amendment Act 1882 (8) statesEvery bill of sale shall be duly attested, and shall be registered under the principal Act within seven clear days after the execution thereof, or if it is executed in any place out of England then within seven clear days after the time at which it would in the ordinary course of post arrive in England if posted immediately after the execution thereof; and shall truly set forth the consideration for which it was given; otherwise such bill of sale shall be void in respect of the personal chattels comprised therein.
Attached is a copy of the Bill of Sale as supplied by the claimant with the Supreme Court Date Stamp. The Bill of Sale was not registered within seven days and is therefore void.
This is what I am plannign to write on my allocation questionaire - does it sound OK - should I change anything? They are trying to use CPR r3.4 to get my defence thrown out - so thought I might as well do it back. Should I write something about how the woman should never have paid MM?
The Defendant respectfully requests the court use its case amagement powers in CPR r3.4 (2)(a) to strike out the statement of claim as it discloses no reasonable grounds for bringing the claim. The defendant did have legal title to the horsebox as the Bill of Sale was void, therefore legal title never passed to Mobile Money and Mobile Money could not use the horsebox as security for the loan. The Bills of Sale Act (1878) amendment Act 1882 (8) statesEvery bill of sale shall be duly attested, and shall be registered under the principal Act within seven clear days after the execution thereof, or if it is executed in any place out of England then within seven clear days after the time at which it would in the ordinary course of post arrive in England if posted immediately after the execution thereof; and shall truly set forth the consideration for which it was given; otherwise such bill of sale shall be void in respect of the personal chattels comprised therein.
Attached is a copy of the Bill of Sale as supplied by the claimant with the Supreme Court Date Stamp. The Bill of Sale was not registered within seven days and is therefore void.
Thanks
OBWanBenoni you are going to make things very difficult if you try to fight this though the bill of sale. the bill of sale has nothing to do with your problem. what you are trying todo the owner should be doing as she paid mm.
all you have to do is a full HPI. you are best off doing this with DVLA as it starts from first owner and has full history right up to now. and if it shows that it was interest free when you bought and sold then thats all you need.
the solicitor is going after you for selling a horse box knowing it had finance on at the time of sale. NOTHING to do with a bill of sale.
Her solictors just keep going on and on about the bill of sale and how I did not have legal title to the vehicle. They say that it is irrelevant that i bought the vehicle in good faith - has nothing to do with it.
Will a DVLA HPI check show the full hpi history - it won't just say that there is no finance on the vehicle atm? I've done a AA check and it just says there is no interest
Her solictors just keep going on and on about the bill of sale and how I did not have legal title to the vehicle. They say that it is irrelevant that i bought the vehicle in good faith - has nothing to do with it.
Will a DVLA HPI check show the full hpi history - it won't just say that there is no finance on the vehicle atm? I've done a AA check and it just says there is no interest
Her solicitor is just being a solicitor. just send him back a letter.
at the time of you owning the vehicle it was HPI clear and no interest was on the vehicle at any time you was the owner. and state you have the report. so you had clear right to buy and sell.
and that his client should look to mm for her money.
also ask for his clients copy of her HPI. as she should have protected herself just as you did.
yes DVLA will give you a full HPI owners/mots/milage/ and post codes or everyone who has done a HPI on that vehicle with results.
I've been on the DVLA website and I can't find the link for this check - it just says to use HPI or Experian and all i get from them is that there is no outstanding finance on it
I think the side effect of this stress is that I am going blind
I've been on the DVLA website and I can't find the link for this check - it just says to use HPI or Experian and all i get from them is that there is no outstanding finance on it
I think the side effect of this stress is that I am going blind
I am being Sued over a Bill of Sale
Claim Form. I am being sued as I unknowingly bought a vehicle which had a Bill of Sale on it. I did do a post about this when I first became aware of it.
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Originally Posted by OBWanBenoni
