Car sold but only 50% of the money received

[madmax1973]

Hi, Im really sorry if this is in the wrong place !

 

I hope to help my son. He sold his car to some guy, he paid 50% of the money and said he would pay the rest by the end of May at the latest. This has not happened.He has now stopped answering all calls from my son & he is ignoring the text.

 

He has got a receipt with all the details on & signed by both party's. Lucky my son did keep hold of the log book and knows exactly where he lives. Do you know what i am LEGALLY allowed to do ?

 

Thank You

[Conniff]

Yes, you can issue a claim in the small claims court. Depending on how much the claim is for is shouldn't cost much and you claim that back as well.

 

Any more details ??

 

Also depending on the wording on the receipt, he could go and take the car back.

Edited June 8, 2012 by Conniff

[madmax1973]

Hi, my son is young & he did not word the receipt correctly, it states how much was paid, what is owed & the log book to be given on the rest of the moneys paid. My son has the log book, MOT and service history. he doesn't have the car or the key. this is why he cant go & take it back as there was no spare.

 

Can he report it as stolen ? The car was only £500 & he ows £250 still. Would there really be any point in going to court ? Also, the tax will be due at the end of the month & the car is still in my sons name.

[madmax1973]

BTW, i have since done some digging, it is likely this guy will drive around uninsured. Obviously this could come back on my son .

 

Lets hope the stupid son learns from this..

[Conniff]

Your son should write to him using recorded delivery requesting that the outstanding amount is paid within 10 days. If that doesn't bring a cheque, then he should write again recorded delivery with a letter headed 'Letter Before Action' asking that he settles the bill within 14 days or action will be taken in the small claims court to recover the outstanding amount.

 

Using the small claims will only cost £35 (which you claim back when you win) and can be done online so no hassle - https://www.moneyclaim.gov.uk/web/mcol/welcome There is no point however threatening small claims if you aren't prepared to go through with it. You will be helped by CAG if you do take that course of action.

 

The car still being in his name can be a problem as your son will get any traffic offence tickets and fines from the DVLA for no road tax. He should send the logbook as soon as possible as failure to notify can also cost him.

 

If he is the type that isn't interested in obeying the law, there is also the chance he could dump it outside your house and say 'nothing to do with me, not my car'.

[madmax1973]

Thank you. In other words, nothing can be done other than the small claims route?.

 

If the log book is sent off than he will get to own it fully as such, even if he doesn't pay at the courts request? If this guy is happy to drive un insured, it is not likely that he will take notice of the small claims court.

[Conniff]

The logbook shows the registered keeper and not the owner. The other thing you can do is go and knock on the door, his parents might not be aware of what is happening.

 

If you get judgement in the small claims and it isn't paid within 28 days, you can use bailiffs to enforce it.

[Bang!]

I would also mention it to the local police.

 

Although they wont be interested in the civil side, they might take an interest if its correcting speeding tickets (etc) and check the MIB site to see if it's currently insured. If you warn them before any accumulate your son sounds in a far better position.

 

A certificate of posting to the DVLA might come in useful too - especially if the paperwork date matches the receipt, as the docs are just a liability really now.

 

Is the new owner working?

[madmax1973]

Not sure if hes working for sure. He is not a young guy. He has a family ive been told. The trouble is, i don't think my son got him to sign the log book. Only the receipt. We've been told hes not a very nice guy to confront.

 

Do you have any suggestions ?

[Conniff]

Assuming this hasn't been settled yet. Get that log book off to the DVLA if you haven't already.

 

Next thing to do is write recorded delivery asking for payment and giving say 10 days. If he doesn't, then you send another letter this time headed Letter Befor Action and give him another 10 days and if that doesn't do the trick, then you issue a summons throught the small claims.