Private Sale Problem

[spinningfish]

Hi Guys

 

I sold a car to a 'friend' back in September, and as he has recently had an accident and had some cash flow problems, I made an agreement with him to pay half (£1250) then and the remaining balance by 15th December 2013.

 

As you can probably guess, come the 15th he advised he didn't have the money and essentially it's my tough luck. Totally blasé.

 

In my naivety, I budgeted for that money to come in and now I can't afford rent, let alone buying anything for my son for Christmas. In the meantime he has had a lovely sleeve tattoo done. The 'friend' really couldn't care.

 

I have his acknowledgment of the agreement in writing, but the log book was signed over.

 

Apart from small claims do I have any legal recourse to get the vehicle back?

 

It's times like this that I wish I knew some heavies.

 

Thanks in advance.

[sailor sam]

Short answer is to your question is "no" i'm afraid.

 

If you have the "agreement in writing", send him a default letter indicating that he has 7 working days to pay the outstanding balance as per the agreement. Indicate in the letter that you may make an application to the small claims court if he dosn't comply.

 

When the time limit of that runs out, you would need then to send a 'final letter before action' (LBA) before you could make an application to the court which you can do here; https://www.moneyclaim.gov.uk/web/mcol/welcome

 

Unfortunately there is no legal way to get this sorted before Christmas if he dosn't keep to the agreement..

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[spinningfish]

Thank you, Sailor Sam.

 

I'll get it drafted and sent by recorded delivery tomorrow.

 

All the best

[Conniff]

If all goes as it should and he still don't pay, 'then' you can get the heavies in

[scaniaman]

Don't worry about the log book just now. Did you give him a receipt for the half he paid?? Is there any chance you could re-posses the car or was that the accident he had??

[spinningfish]

No receipt as such, but I've possibly acknowledged the half he paid in an email. Don't think I can legally repossess the car otherwise I would.

 

I'd love to send the heavies in for the upset caused at Christmas of all times!

[spinningfish]

Accident was unrelated btw.

[sailor sam]

No receipt as such, but I've possibly acknowledged the half he paid in an email. Don't think I can legally repossess the car otherwise I would.

 

I'd love to send the heavies in for the upset caused at Christmas of all times!

 

That would depend on the wording of your "agreement". But you would still need to send him a reasonable written warning to cover your back.

 

Obviously we can only give you advice which is within the law so no one should really be talking about "sending the heavies in". However, it it was me, I would go round and confront him myself...

 

Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

[spinningfish]

I would love to but have my ankle in a plaster cast - hence the legal route above all others! He's very lucky in that respect, believe me!

[raydetinu]

court action is the only way, he pays up or you get your car back.

[Conniff]

Obviously we can only give you advice which is within the law so no one should really be talking about "sending the heavies in".

 

My reference to the 'Heavies' was bailiffs after a ccj is obtained and not satisfied.

 

That will only happen, of course, if you have the evidence to show he agreed to deferred payment. Without that, he can just say he paid you in full in cash.