Enforcing county court judgment against vehicle trader

[angela_itr]

Hi,

Apologies if I've posted this in the wrong forum, I wasn't sure if this was the right place or not.

 

My husband bought a secondhand car from a trader which turned out to have serious faults. We exchanged letters with the trader's solicitor, making it clear each time that we rejected the car under SOGA and wanted a refund. This was refused so we issued proceedings via Money Claim Online. The claim value was just over £3000.

 

The trader failed to submit a defence and we obtained judgment by default. That all sounded great at first until we looked at the enforcement options. We suspect that sending in bailiffs will prove to be a waste of time as the stock vehicles are probably not registered in the company's name (we have still not received the V5 despite originally purchasing the vehicle in August last year). The trader is not a limited company and the judgment is in the name of the company rather than the owner, as we don't know the owner's name. I believe we should be able to go after the owner's personal property to satisfy the judgment but unless they give us a name (unlikely) then I don't know what else we can do.

 

Any ideas where we can go from here?

[oddjobbob]

Apply for a V5, cost about £25.

 

If the seller has no assets then you are stuffed I'm afraid, you cn try to grab his 'stock but he will say they are not owned by him and are sale or return cars owned by others.

 

sorry.........

[sailor sam]

If the dealer isn't a limited co, then the claim should of been aimed at the proprietor of the business. What is the name of the dealer... do they have a website?

[sailor sam]

That is an option but again the propietor will need to be indentified. Really this should of been done before issuing the claim in the first place. Obviously the solicitor acting on their behalf will know this information so I suggest aiming an application for this against him/her. There should be a section which allows you to state the 'respondent's solicitor'.

 

See here for more info;

 

http://smallclaims.me.uk/enforcement.htm