Mill Motors Bedford Faulty 2nd Hand Car - Court Claim Issued **WON**

[BankFodder]

This is great news. Congratulations.

If you have a moment, it would be helpful if you could give us a summary of what happened. Did the other side turn up? What did they try to say? What did you say in response? What did the judge say? What questions that the judge ask? How did the judge some up in the end?

He said that the judge has given them 14 days to pay. You will have to wait until the expiry of that 14 days before you can start instructing bailiffs. What was the value of the claim? I expect it was more than £600 but I haven't looked through the thread.

Start researching the High Court enforcement officers because you should get the judgement transferred to the High Court for about 70 quid (which you will get back once it is enforced) and they will do the job for you. High Court enforcement officers (sheriffs) do serious enforcement whereas the county court bailiffs have limited powers and they are pussycats.


Also, the sheriffs generally speaking charge about two grand for enforcement which will have to be paid by the defendant. Make sure that the High Court enforcement service that you find is clear that it is no fee for you if the enforcement fails. This is the normal way it goes nowadays. But double check. That means that if the enforcement fails then your maximum exposure is about 70 quid. It would be about 50 quid or so anyway with the county court bailiffs.

You are asking how long you can get them to pick up the car. I would say that you put them on notice that the car has to be collected otherwise it will be sold.
I haven't looked at this thread. Is the car driveable? Have you been using it? Where is it now? Have you been insuring it? Have you incurred any expenses since you began the court action?

[BankFodder]

Also, I see that you have been withholding the name of the person you have been selling. Please can you tell us who it is – and any other details including address et cetera.

It's important the other people and see this and it's important that this person realises that when they do this kind of thing they will find their name on the Internet.

There is no downside for you. There is no reason to protect him

[BankFodder]

I think you should write to the defendant. Write to him at any address that he might have – in other words more than one copy of your letter – inform him of the judgement. Tell him that you are prepared to hang onto the car for another two weeks but you will be charging him £200 per week storage and in addition to that, you will be charging him a further £50 per week since the date the claim was issued.

Tell him that if he has not contacted you all made arrangements to remove the vehicle and to pay the storage fees at the end of two weeks that you will then make arrangements to sell the car and that you will reimbursing the money that you gain from the car after having deducted all monies owed to you. This would include the storage, and any of the judgements sum which has not been collected.

I suppose it is unlikely that you are going to recover your money from this guy. He is clearly a crook.
How much do you think the car is worth? At the end of two weeks it might be worth doing a calculation to find out whether it is worth spending the money getting it roadworthy and then selling it or just selling it as it is.

Congratulations on sticking it out. It's been a difficult road for you.

Anyway, put into the hands of the High Court enforcement officers. Do some of your own private research and see if you can find out where this guy is hiding.

Interesting that you have been blocked from auto Trader.

I suggest you send auto Trader an SAR. I think that you should try and find out what has happened. You know if this dealer is still using them?

Send them an SAR immediately. You may as well send them a copy of a utilities bill or something as evidence of your identity. They are entitled to ask that.

After that we will help you get the block removed and if they refuse then you can bring a little action against them as well for a bit of extra money.

 

[BankFodder]

Don't change your position at all. You have set out the terms and don't budge 

[BankFodder]

Thank you very much indeed for this update.

I'm very pleased that it was sorted out for you in the end.

I'm afraid that you're probably one of the lucky few who have these experiences with used-car dealers and then try to challenge them.

Hopefully others will see your thread and learn from your story as well

As you can imagine, we have expenses to pay and if you wanted to click our donation button, it wouldn't go unappreciated!!