Please please Help- Judgement for delivery of goods

[kezjoben]

My mother has received a letter for judgement delivery of goods

 

But the car is mine! she is on the log book but doest own the car anyway they say they are coming to collect on 5th March but there will me no car at her address

 

can anybody give me any advise on writing a letter to the court saying basically this is not her car not in her possesion etc

 

Any advise will be greatly received

[ambershadow]

HAS THE CAR NOT been paid for?

[kezjoben]

No i have not paid for over 2 years

[ambershadow]

You need to put more details here so we can try to help you

 

Well if it's not paid for or you are paying then they will collect it, you need to file a form at the court to suspend this action if you wish to keep the car

[kezjoben]

well she has got a letter saying basically it is adjudged that the claiment do recover against defendent the following goods of the claiment weongly kept by the defendant , Namely (THE CAR)

 

The sum of £250 for costs

 

It is ordered that the defendent (My Mother) do return the goods to the claiment forthwiith and also pay the sum of £250 for costs to reach claiment forthwith

It is further ordered that the money claims be adjorned generally with liberty to restore

 

this and another letter saying they will be visiting on the 5th

i have had nothing come to my address either!

[ambershadow]

If it's all in your mother's Name that's where they will go to collect the car from.

And if the date on the warrant is the 5th which was yesterday then you are to late to file back to the court.

You will either have to pay the lot to keep the car or give the car back.

 

You must have known this was going to happen ? they don't let you keep anything unless you have paid

 

Or you could call the court and ask if you are to late to file a claim, BUt I can garatee they will not except any less thean you contractial payment for this to be suspended

[kezjoben]

But what if the car isn't there which is isn't ? and she has nothing to do with all this?!

 

Also sorry its the 9th march not 5th

[ambershadow]

Right so you must have paid over a third on the car?

 

If that's the case then you can go back to court and ask if they will suspend the warrant so you keep the car, this has a charge of 35.00 or 75.00 not sure which and you will go before tha judge to put your case over.

 

But you must have avery good reason why you haven't paid in 2 year's.

 

 

If the car is registered to your mother that will be held at DVLA and they will contact her as far as they are concerned she own's the car

 

You need to file at court asap as it has to be heard by the 9th march

[kezjoben]

I can't afford to pay the fee or anything back to them so i suppose it will just have to go back, but its not at her address and she will be away when they go

[ambershadow]

Well you need to contact the court for them to collect from you, they will auction the car and they normally go for less than you owe then you will need to pay the shortfall

 

The thing is here if it's in your mother's Name and the finance.

 

As all correspondence will be for your mother

And this will be on her credit record too

[kezjoben]

The finance is in my name just the log book has her name on as we insured it in her name and me as a driver on policy

I will not be able to pay a penny as i only receive benefits and im unemployed so what will they do?

[ambershadow]

They will come to take the car and auction it for what they can get then you will have to pay whats left if it doesn't cover what you owe.

 

Is the letter's addresses to you? as it would have been taken to court by the Finance company. so you will need to let them know where the car is and Bailiffs will pick it up as instructed by the court to do so unless you give it up.

 

If you are not there when they come I really don't know I suppose they will report to police for them to trace the car.

 

But if I was you and couldn't pay I would give back now.........

 

 

Save all the agro

[kezjoben]

also it says on the letters the old number plate which was a private plate and not on the car any longer which is strange!

[ambershadow]

What ever number plate it has on they will trace it and you will have to return the car.

 

I don't understand how they have taken this long really knowing you have made no payment for 2 year's surely you knew you couldn't keep

[Fair-Parking]

The mother is the defendant, but doesn't own the car?

 

The questions then beg as to why she is the defendant and how - if this is wrong, did the court proceedings continue against her without anybody bringing this to the notice of the court?

 

Your mother now has a CCJ against her name and her address which is a bit harsh if she never had anything to do with this.

 

Did your mother sign any finance agreement to purchase the car? If so the judgment will stand. If not then whether you feel that you can afford it or not, you MUST put in an application (N244) to have the judgment set aside. If successful, the claimant will then have to take proceedings against you.

 

If nothing else this will buy you time to sort out an agreement with claimant or to gather funds.

[raydetinu]

The longer it goes on the more the charges will go up, so advice is cotact the baliffs or loan company to get it sorted.

Also dont see why they are not going after you if you took out the finance deal?

[ambershadow]

The mother is the defendant, but doesn't own the car?

 

The questions then beg as to why she is the defendant and how - if this is wrong, did the court proceedings continue against her without anybody bringing this to the notice of the court?

 

Your mother now has a CCJ against her name and her address which is a bit harsh if she never had anything to do with this.

 

Did your mother sign any finance agreement to purchase the car? If so the judgment will stand. If not then whether you feel that you can afford it or not, you MUST put in an application (N244) to have the judgment set aside. If successful, the claimant will then have to take proceedings against you.

 

If nothing else this will buy you time to sort out an agreement with claimant or to gather funds.

 

 

 

 

 

The finance is in the poster's name he says????????????

 

Fairparking I can't understand how you don't pay for 2 year's and not get the car taken back something's not right here is it????

[Fair-Parking]

At this stage I wouldn't wish to commit a comment other than to re-iterate that it appears that the mother has wrongfully been adjudged to be the debtor which is why I asked the question as to whether she has (in any way) been part to this agreement. If she hasn't then she should contact the court to have the judgment against her set aside.

 

The court will not be best pleased to have taken this matter so far without any indication that the mother was not the party responsible, but if the facts of this this case are as presented by the OP, then whether the court likes it or not it would be obliged to have the judgment set aside and possibly give permission for proceedings to be commenced against the OP.

 

If the OP can't find £70 to protect his mother against what appears to be an injustice to her, then maybe that would be the time for me to comment further.

 

The silence on this thread has become deafening. I'm not so sure that I can help any more though it it would have been nice if the OP had responded or said thank you for any of the advice given in good faith by everybody here - having presented us with 7 frantic posts on the first day outlining the strangest of circumstances that I'm not so sure any of us fully understood at the time.

 

Perhaps I could end my contribution by saying - no you can't get away with it, not even if the waters had been deliberately muddied in what may have been an ill conceived effort to achieve that. Nor was it reasonable to try and use us to find a loophole.

 

Back to the OP to tell me that I'm out of order...............and why. And what he intends to do about relieving his mother of her unnecessary burden.

 

I think that we can close the book on this one.

[kezjoben]

UPDATE

I sent a letter saying that it was nothing to do with my mum so they removed her and set new court date.

The date came and went!

 

I then received a letter from court on 14th July 2009 saying that it is ordered that the claimants application to set aside judgement against 1st defendant (my Mum), and the return of goods order against the 2nd defendent (ME) be struck out

 

In what position does this put me?

 

Thanks in advance