Court judgement in our favour - what happens to the car?

johnswife

Long story cut short -
Daughter sold bad car, parked at our property for 2 years this May.
Went to court, judgement in her favour. No money so went to high court and got the sheriffs involved.
Had to go back and have the name changed as he gave a false name!!
Anyway still waiting , and we will as long as it takes.

But we have just put our house on the market and i was thinking if we manage to sell what happens to the car. IF we ever get some money back is he entitled to the car?
Tried to look it up but can't find anything, we will have to contact the courts I suppose but wondered if anyone has knowledge of this?

thanks

agrinnall

I think you'll need to give us the long story because I can make very little sense out of the short version.

forgotmyname

She sold a bad car to someone else? Or she bought a bad car?

I assume she bought a bad car? You went to court and won? Does he have any money to actually give you?

Whose name is the car in?

Im guessing its in your name and you may as well sell if because you probably wont see a penny from the seller.

arcon5

Yes if you are seeking reimbursement the car will be his. You can release yourself as bailee of the goods but it requires a certain procedure to be followed and any sum raised would then be his.

You say the judgement was against the wrong name - not sure you can just transfer names can you? Wouldn't it have to be re-heard? I know you can make changes to the defendant during the process, but after a judgement has been reached, not so sure you can unless the person changes their name through arrangement for example?

How much are we talking?

Hate to say it, but sounds to me like your spending good money chasing bad!

Are we talking about a contract of sale with an individual/sole trader here or a company?
Have you looked in to his affairs deeper to determine if he has any assets that can be realised?

johnswife

My daughter was sold a car which was unroadworthy.
He refused to refund her money.
Went to small claims court and judgement in her favour.
Tried to get the money but to no avail.
Went to high court to transfer to Sheriff.
It will be 2 years this May.
We are waiting for the sheriffs to try and get the money.
My question is do we have to keep the car indefinitely until he pays the money. How long is reasonable enough to hang on to the car?

johnswife

I agree we may never see any money but my husband is like a dog with a bone and refuses to give up.
The car is in my daughter's name.
We live in Gloucestershire and the car was bought Wembley, London.
The seller gave a false christian name so we were in effect chasing the wrong person. The sheriffs did turn up at his address and they took a photo of him which they sent to us. He told them his correct name. So we had to go back to court and ask to have the judgement in his correct name which they have granted. which is where we stand at the moment.

force_ten

was the car bought from a motor trader or from a private individual?

patman99

Blood from a stone springs to mind here.

arcon5

Did he try to defend it?
Have they revisited him since name change?


Sorry but in 2 years the guy has refused to pay up despite court, bailiffs and the sheriff. Time to bite the bullet and admit the guy doesn't care and you ain't getting your money back. Whilst in the meantime your husband is spending your money in vain.
The car should have been sold on a year and a half ago to two years ago to mitigate your losses. Then sued for any losses. Now you have a car not moved for 2 years and probably rotting, worth probably £130 scrap money which is what, the cost of transferring to sheriffs office?

Sometimes you have to use your head rather than letting your heart rule!

scotsbob

Sell the car, carry on with your pursuit of the money. When/if you have success then let him chase you around for two years to get the car back.
Don't leave a forwarding address.

johnswife

Hi,
Everything you say is true but my husband did not want to let him get away with it. It wasn't about the money but the principle - you can guess my husband ( and me) are angry! He risked my daughter and her fianc!'s life when they drove the car. We had a RAC inspect the car and he would not take it out for a road test as it was not safe. Her fianc! had just returned from Afghanistan and they were using his money to buy my daughter a good car for her job.
We don't have to spend anymore money but he now has a judgement against him. He has never replied to any court documents or defended it.

If we get any money back is debatable and the answer is probably no.
I just wondered how we stood about disposing of the car.
Yes it has not been moved and probably won't start plus it would need towing away for scrap.
Well if we sell the house it will have to go.

Thanks for your replies.