Friends who bought my car have stopped paying the agreed monthly installments

debbie828813

Hi everyone,

Dont know if I am in the right place as I have never used this site before!

I sold my car to so-called friends of mine and agreed a payment plan of monthly payments over 24 months. They have now told me of a problem with the car and so they want to return it! I told them that this is not possible, as they have bought it (even though paying in installments) and the log book is in their name. They said they would find out the cost to fix it and come back to me. Well they have not come back to me and have now cancelled their monthly standing order into my bank account without even telling me.

Where do I stand? We have a written agreement of payment terms signed by us both including names, address & phone numbers -we each have a signed copy of this. And I have my bank statements to show what they have paid. They have had the car approximately 4 or 5 months and I had no idea of the fault (of what they have told me about it) and since it was a private car sale, it was sold as seen, although this is not written on the agreement. But neither is anything about a guarantee or returning the car!

Is it best to go to Citizens Advice to discuss, and go through small claims? Do you have to pay to do this?

I will discuss it with them first to see if it can be resolved without going this far. But I want to be prepared for the worst!

Any advice would be greatly appreciated!

zppp

debbie828813 wrote: »

Hi everyone,

Dont know if I am in the right place as I have never used this site before!

Welcome to MSE. We'll see what we can suggest.

debbie828813 wrote: »

I sold my car to so-called friends of mine and agreed a payment plan of monthly payments over 24 months. They have now told me of a problem with the car and so they want to return it! I told them that this is not possible, as they have bought it (even though paying in installments) and the log book is in their name.

I agree, it would have been sold as second hand, not the same as if you buy from a dealer or new.

debbie828813 wrote: »

They said they would find out the cost to fix it and come back to me. Well they have not come back to me and have now cancelled their monthly standing order into my bank account without even telling me.

Well you are not liable for the cost of any repairs etc.

debbie828813 wrote: »

Where do I stand? We have a written agreement of payment terms signed by us both including names, address & phone numbers -we each have a signed copy of this.

It is good that your agreement is properly documented, this works in your favour.

debbie828813 wrote: »

Is it best to go to Citizens Advice to discuss, and go through small claims? Do you have to pay to do this?

I will discuss it with them first to see if it can be resolved without going this far. But I want to be prepared for the worst!

Any advice would be greatly appreciated!

Definetly go through the CAB, they will give free independent advice. Regarding court, have a look at MCOL - most of it can be done online these days and the fees are no more than £90 (I think - last time I checked!)

debbie828813

Thank you so much for the advice so far, much appreciated. I don't want it to go to small claims but if that is the only way to get my money then so be it!

What happens if they were to say they cant afford the payments to the court?

zppp

debbie828813 wrote: »

Thank you so much for the advice so far, much appreciated. I don't want it to go to small claims but if that is the only way to get my money then so be it!

What happens if they were to say they cant afford the payments to the court?

The court can grant a CCJ against them, they must keep to the repayment arrangement. If they fail to, the court can do things like apply for an attachment of earnings or other remedies. See link.

debbie828813

Thank you very much! All very useful info

BillTrac

Like you said, so called friends.

People say you can choose your friends, but can't choose your family.

Either way there is always some low-life out to screw you

Punish them

Not the same, but my eldest daughters godfather tried to rip me off on a work project!!!!!!!.

He is still recovering...

zppp

Do let us know how you get on

debbie828813

Thanks everyone. That's what you get for trying to help someone by letting them pay in installments instead of the full amount up front! I guess I was too nice & naive, more fool me! We wouldn't be having this conversation if they had paid in full up front, so they are just taking advantage of the fact that they haven't paid in full for the car yet.

I will talk to them first in the hope it can be resolved amicably and so that I can be happy that I tried everything first. Otherwise I will definitely make a claim.

debbie828813

Oh, and I will let you know how I get on!!

Tixy

Sometimes an formal sounding letter before you take court action is enough to encourage people to pay up. Might be worth trying that first, send it recorded delivery, set out the agreement details and then ask them to re-commence repayments and make up the arrears to avoid you taking further action.

debbie828813

Yes that's a good idea Tixy, thanks. I will speak to them first. If no joy I will send the letter recorded delivery, and keep a copy of the letter and the receipt of delivery. If still no joy then I will have no other choice but to pursue a claim. Then at least they cannot say that I did not give them every opportunity to pay before taking it further!