MOT run out on broken down car involved in court case...?
Comments
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marythemoose wrote: »Why don't you think I'll get any money back??
Because of this:marythemoose wrote: »I caught the bus and met him in a supermarket car park0 -
Well, the fact that he seems to have disappeared without leaving a forwarding address isn't a good start.:(
The court can rule in your favour, but they can't make him pay up. You'll still have to track him down. It's unlikely he'll pay without your employing bailiffs, and even then there's no guarantee.
Really?? I mean that as an honest question
if that's the case, it makes me wonder what was the point of taking him to court in the first place. I assumed that once the court has ruled in my favour, they would take care of recovering the funds from him in whatever way they could? Does it not become a criminal case if he just refuses to pay?
From the tone of many of these replies I get the impression that I'm seen as a bit of an idiot for buying the car in the first place, but I'm self employed and without a car to work my family and I would be out on the streets so I had to take what I could get and hope for the best. I don't feel that some scumbag taking advantage of my desperation by selling me a dodgy car should be put down to my bad decisions; I only had bad decisions to choose from.
Sorry for being defensive but this has been a nightmare for 9 months.
Thanks for everyone's advice.0 -
The court gave you the right to recover the money. They will not actually do anything about helping you recover it. It is down to you to take further enforcement action, at cost to you but can be added to the claim, by employing bailiffs. It is purely a civil matter and not criminal, any criminal action would be down to an organisation such as trading standards but even they would not help get your money back.0
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If its permanently parked in a residential car park its highly unlikely anyone would question it being sorned.marythemoose wrote: »Car has been parked in residential car park ever since, taxed and insured.
How private is this residential car park? I suspect you could safely argue it is parked off road and as you can demonstrate it has been immobile for months with the ongoing claim against the dealer and without any evidence of it being used on the road from traffic cameras etc its unlikely the police or dvla would aim to penalise you.
As the dealer is clearly trying to avoid repaying you I would investigate your legal position if you dispose of the car. You cannot be expected to fund storage of it indefinitely when there is a limited chance of repayment.0 -
marythemoose wrote: »I was without a car when we bought it (new car was needed to replace previous breakdown/write-off) so I caught the bus and met him in a supermarket car park; at the time it seemed he was doing me a favour by meeting near the bus stop, obviously in hindsight it meant I didn't know where he lived. Same when I collected the car.
To what address did you send the letters?marythemoose wrote: »
I got a signature for one of the 'signed for' letters I sent, and he defended the claim made against him, but has since returned all letters from both myself and the court with 'no longer at this address'.
How did you find that address?
Have you gone there to check if he does still live there by knocking on the door or by asking neighbours?0 -
Head_The_Ball wrote: »To what address did you send the letters?
How did you find that address?
Have you gone there to check if he does still live there by knocking on the door or by asking neighbours?
The car was advertised on eBay, but his address shown there was incomplete, only showing postcode. After I began legal proceedings I googled his trading name and found an alternative address with different postcode but in the same town. It was this second address that I got a signature from, and the address that I put on the claim, which the court presumably wrote to and to which he responded by defending the claim, on the ground of, I !!!! you not, 'car was sold as spares or repairs'. I haven't paid this address a visit.0 -
Norman_Castle wrote: »If its permanently parked in a residential car park its highly unlikely anyone would question it being sorned.
How private is this residential car park? I suspect you could safely argue it is parked off road and as you can demonstrate it has been immobile for months with the ongoing claim against the dealer and without any evidence of it being used on the road from traffic cameras etc its unlikely the police or dvla would aim to penalise you.
A lot of the houses in our estate are either not on the roadside or don't have driveways; instead there are car parks here and there for residents to park their cars in. The spaces are not numbered or otherwise allocated, and they are not private as far as I understand. There is, however, a sign saying 'no SORN vehicles allowed'. There was a white van parked in our car park for a few months before it got clamped and shortly after disappeared.0 -
If there's a sign stating "No sorn vehicles" it probably private. The signs will be put in place by estate management to avoid the parking areas being used to store unused vehicles. Its likely to be legal to have a sorned vehicle there but you will have to contend with whoever manages the estate.marythemoose wrote: »There is, however, a sign saying 'no SORN vehicles allowed'.0 -
Sell the car now. Put it on eBay no reserve, non runner buyer collects, trailer required.
It’s of no use to you in the court case, and just costing you to keep it even more if you start paying for storage.
I think you’ll get away with the no MOT issue.
Watch Can’t Pay Take it Away channel for an insight to bailiffs remembering they only show the ones where they actually get to talk to someone. And the bailiffs are employed by the claimant.0 -
Sell the car now. Put it on eBay no reserve, non runner buyer collects, trailer required.
It’s of no use to you in the court case, and just costing you to keep it even more if you start paying for storage.
Sorry but this is bad advice. If the OP wins the court case then the vehicle will belong to the seller and must be returned.
The best advice was mentioned earlier in the thread ... arrange a trailer and get the vehicle returned to the seller's forecourt. Add the cost of the transfer to the claim.0
This discussion has been closed.
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