Taking dangerous car seller to court - now have served warrant

[superg]

Hi well name changed now and was sent to bailifs but now they say that its gone to wrong court getting nowhere they wont return calls.

 

Not sure if i can just cahange warrent and try to get payment from his bank account

 

just thought i would update Our court system is a shambles

[superg]

just an update guys and need a bit advice please defendent has aplied for application to suspend warrent he has offerd to pay 10 pounds per month but has has just sold two cars for £4900 on an auction site

 

looks like he is trying to pull a fastone I am going to decline his offer.

 

but in court do you guys think i can use this auction as its in the public domain

 

thing is the car in not on my property and person wants it moving car is in my name

 

any ideas on this please

 

I think he has lied on the form

[superg]

hi guys i need a bit of advice please i have taken someone to court and won I am now attending my second hearing as the denendant has tried to get the court warrent set aside.

 

to cut the long story short the person has lied on the court form false earnings etc does any one know what section this comes under please and is it a criminal offence as i have proof that this person is not telling the truth.

 

Thanks inadvance

 

sg

Edited August 8, 2012 by superg

[Ganymede]

Hi, it would be contempt of Court to lie in a document signed by a Statement of Truth. The maximum penalty is 2 years in prison.

 

What proof do you have that they are lying?

[superg]

hi thanks for your reply well The guy is a car salesman/trader he has made Thounsands of pounds selling cars on the auction sites while i had won the case he never turned up in court the first time.

 

the person tried to offer me a small amount per month but I declined as this person had sold high value items I would not accept it the funny thing is his wife was in the press and even said his name and said he was a car saleman.it has his age on there and even his street name.

 

he has a buisness that he has declared but its not selling cars.There is now another hearing as I declined his offer. I said I wanted the warrent to start again as he has had the money to pay hope this helps this guy is trying to con the system as well as me.

 

I also was thinking on adding intrest to the claim can i still do this

 

sg

Edited August 8, 2012 by superg

[AndyOrch]

" I also was thinking on adding intrest to the claim can i still do this "

 

Only if you stated it within your initial Particulars of Claim.

 

Regards

 

Andy

[superg]

Thank you andy well good news warrent has been reinstated now but I think defendent wants the car back and its in my name he asked judge and judge said it was nothing to do with him any idea on this please

[superg]

hi people ok not sure on this on

 

I bought a car that had a dangerous fault and guy was a car trader anyway the guy would not take the car back so i took him to court for the cash i paid.

 

I won the case but he has still not paid yet the car has been standing on my dads drive as its sorn,car stinks and we want it to be removed.

 

Can I legally sell it as scrap as its been standing nine months.I have logbook in my name and the person says he is a private seller.

 

the bailiffs will be visiting him soon. the person did ask in court if he can have car back the judge said its nothing to do with him

 

Thanks inadvance for any help

[42man]

What you may be able to do is write to the trader and state that if they do not pick up the car within 14 days then you will start charging them OR you will scrap the vehicle. Send it recorded delivery.

[superg]

Thank you for the info the person hasnt paid yet for it and father wants it gone now and looks like he wont the ammount owed is around 600 as i partexchanged another car that was worth 150 but the person owes me 800 now thing is he cant have the car or less he pays for it its a strange one

 

[superg]

Hello people

 

I need some advice please,I have a live county court warrant as i won my money back as i was sold a dangerous car.

The Defendant appealed it went to another court and he has been refused.I still have the car as its been on fathers drive for 1 year 2 months,

 

I have sent a letter to the person to say that the car will be disposed of or less he pays and he will owe the cash still,Then the defendant contacted the court and bailiff phoned to to say don't get rid of car.

 

Now months down the line I am not getting anywhere there has been two visits and spoke to bailiff he doest seam to care and said sell the car.and doubt i would receive money.

 

Does any one know if i can do anything about the bailiffs.I have been watching TV and some they say You can up grade the warrant to high court and get a writ or something.

 

The car was bought as advertised by a car trader the defendant denies this Can any one help is it worth getting a sheriff involved

 

Thanks in advance for any help

Edited February 1, 2013 by superg

[steampowered]

I don't follow. I assume these were County Court bailiffs. What, exactly, did the bailiffs say to you about why they were unable to enforce the debt?

 

County Court bailiffs have a reputation for being a bit rubbish. Depending on knowing a bit more about your case it may be worth transferring up to the High Court which tends to be a fairly quick and easy process. HCEOs can manage the process - see e.g. http://thesheriffsoffice.com. You could also consider other enforcement possibilities - do you know of any bank accounts held by the Defendant?

 

Have you registered the CCJ so that it affects the Defendant's credit rating?

[queensclose]

you can apply for a writ. this will request the warrant back off the county court bailiff and transferred to the high court. unless the judgement state you need to return the car i would sell it.

 

do your homework about the trader first. ie ltd company. sole trader etc. they seem to be only showing the success stories on the TV. the other show about bailiffs showed 2 HCEO driving from london to birmingham with 20 writs and returning on the night not collecting a penny

 

you could write to the county court requesting an update but ask for more detail of the visits made. not just a date and time. if he has a forecourt there is no reason why a levy has not been made.

 

court bailiffs are civil servants and are salaried staff. and don't received commissions or bonus. they are reluctant to give out their contact numbers to claimants.

[queensclose]

[quote=

 

Have you registered the CCJ so that it affects the Defendant's credit rating?

 

the court will automatically register it 30 days after judgement

[superg]

hello people

 

Thank you for your advice. I understand a bit better now, I won the case quite a while ago The person does not own a garage but does own a separate business and was selling cars on the internet auction site on his account. I know he sells cars but its hard to find this out I even had print outs at court and the judge said are you selling cars he replied I am selling them for friends cars were sold for Thousands of pounds and he owed me the money then.

 

The thing is I am not sure on costs as at the moment I don't have work so its very hard to afford any more money.People say it costs me £60 do you know if i have to pay this or can i get it wavered ?. Also I have heard that if the don't collect cash i have to pay £60 if i had the money i would pay a Private Investigator,they guy even filled out the trader part of the logbook and it had something motors on. dvla will not tell me the information.

 

The person also was selling a land rover out side of his home with trader plates on DLA was not very helpful and would not provide me with information. as regarding The car the first court hearing the judge did ask about the car,he said could he have it back I said yes.this was recorded,The second hearing we were both there and the defendant asked the judge what about the car The judge said it has nothing to do with him.

 

the person Even told wrong info on form I asked for him to be consider for contempt of court but nothing happened just the money issues really now thanks for your advice people

 

Sg

[queensclose]

hello people

 

Thank you for your advice. I understand a bit better now, I won the case quite a while ago The person does not own a garage but does own a separate business and was selling cars on the internet auction site on his account. I know he sells cars but its hard to find this out I even had print outs at court and the judge said are you selling cars he replied I am selling them for friends cars were sold for Thousands of pounds and he owed me the money then.

 

The thing is I am not sure on costs as at the moment I don't have work so its very hard to afford any more money.People say it costs me £60 do you know if i have to pay this or can i get it wavered ?. Also I have heard that if the don't collect cash i have to pay £60 if i had the money i would pay a Private Investigator,they guy even filled out the trader part of the logbook and it had something motors on. dvla will not tell me the information.

 

The person also was selling a land rover out side of his home with trader plates on DLA was not very helpful and would not provide me with information. as regarding The car the first court hearing the judge did ask about the car,he said could he have it back I said yes.this was recorded,The second hearing we were both there and the defendant asked the judge what about the car The judge said it has nothing to do with him.

 

the person Even told wrong info on form I asked for him to be consider for contempt of court but nothing happened just the money issues really now thanks for your advice people

 

Sg

You could consider an order for questioning

Look into is bank accounts to see if he is trading

[superg]

Thank you queensclose Yeah did not realise i could do that thank you

[superg]

guys defendant has now upped offer to £50 but has a facebook page selling cars also on ebay he claims the cars are not his lol judge was not interested in contempt of court the guy is lying it was even in the press that he was a car salesman I don't se why i should accept this amount as he is earning lots of money on the side and wont pay what he owes

[DuffNCustard]

You might consider it to be your citizens duty to ensure that HMRC are collecting all appropriate taxes on his transactions

[superg]

Friend done that two times they never did anything don't think they are bothered at all I have all the proof too strange world we live in

[steampowered]

I wouldn't focus so much on getting this guy for lying, you need to focus on winning at the hearing. Even if he has committed contempt of court that is unlikely to help you. You need to prove that he is wrong through the evidence you file for the hearing and talk the judge through at the hearing, attach print-offs of the facebook page and so on to your witness statement.

[superg]

Thanks steampowered, I have been to 2 hearings one with him present he only offered a small amount and the judge was not happy and said i have a warrant, he just made excuses up and he disputed it went to a new court high court and they agreed with me.

 

I have photos and print outs I showed at court that the person had made Thousands of pounds and did not even pay me anything.

I don't se why he should get away with paying in bits as he has made a lot of money.

 

he has been caught out many times but makes things up like or the cars are not mine,I am selling them for someone else.

The thing that worries me is this guy is buying and selling cars that are faulty and broken even trading standards ant bothered and told me not to take him to court But I decided against them and won

 

Thanks for your help