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

Tilt

Can you answer the question in post #7 please.

LandyAndy

Tilt wrote: »

Can you answer the question in post #7 please.

Does it matter if the OP has a judgement?


Presumably the question of caveat emptor has been considered by the court?


Although I'm not sure how that applies if the defendant offered no defence as it might have been a default judgement.

Tilt

LandyAndy wrote: »

Does it matter if the OP has a judgement?


Presumably the question of caveat emptor has been considered by the court?


Although I'm not sure how that applies if the defendant offered no defence as it might have been a default judgement.

Exactly. Respondent could apply to have the judgement set aside. Although judge may refuse after 2 years although at the moment, OP seems to be in a state of limbo.

LandyAndy

Tilt wrote: »

Exactly. Respondent could apply to have the judgement set aside. Although judge may refuse after 2 years although at the moment, OP seems to be in a state of limbo.

He might but you'd have thought he'd have done it by now. Anyway it appears the OP now has a judgement in the correct name and the HCOEs will attend with a writ at any moment.


Question for the OP. Did the respondent turn up in court or did you get judgement by default?


And. What was the purchase price of the car?

force_ten

it defiantly sounds like a default judgement to me, as the seller made no contact with the courts and offered no defence so the court found in your favour

we have not been told if the seller was a trader or a private seller or what the faults were with the car that made it un roadworthy and a danger to life

LandyAndy

force_ten wrote: »

it defiantly sounds like a default judgement to me, as the seller made no contact with the courts and offered no defence so the court found in your favour

we have not been told if the seller was a trader or a private seller or what the faults were with the car that made it un roadworthy and a danger to life

And to me but I thought it best to ask.

johnswife

THe seller did not attend any court proceedings and has never responded to any documents.
The car was advertised on Autotrader as a motor trader (not limited company) they travelled from Swindon to Wembley to the address given and the seller was operating a car wash business. Yes they should have run a mile but they were naive.
They part exchanged my daughters car and paid £3600 by bank transfer into an account in his name. I will make up names to illustrate what happened. He said he was Fred Smith and to transfer to account as F. Smith. When the Sheriffs first turned up he said no I am Frank smith no one lives here called Fred. Photo taken proves he was the man selling the car so we have had to go back to court to have it changed into Frank Smith.

They drove it back to Swindon, the next day took it through car wash and it leaked.
They panicked and was going to part exchange it and buy another car on finance. She was in tears. My husband was landing at heathrow the next day from a business trip, he drove straight to Swindon to take a quick look and it had low mileage and the engine looked good. He thought may have been a minor thing to correct so said drive it to our house where he could take a better look at it, when he wasn't so tired etc.
Dauighter drove it up, husband went and had a look, stood back and could see the shape of the side seemed irregular and reckoned it had been in a serious accident perhaps rolled. He could also see in one of the tyres a long deep gash, which i imagine could have proved fatal if it had blown as she was driving it.
We paid for a RAC inspection report, where the man came out and he was supposed to take it for a test drive but said it was too dangerous as the car was unroadworthy. I think the bodywork was filler??
He still advertises on Auto Trader under different names.

It might have been easier to do nothing but all I could think what if the next person he sells a car to is killed because it is unsafe?
The car parked outside is a constant reminder but in my head I don't expect any money nor does my husband.

Stoke

While I applaud your principals, people like this guy need to be stopped, I think you're dealing with someone hell bent on committing crime. This isn't going to bother him.

arcon5

Report him to trading standards. Enough complaints they will take action agains him, whether that be civil or criminal.

But sadly sometimes principles are very costly.

I wouldn't want to drive a car with a deep gash in the tyre - but that's an easy fix. What else was wrong with it? (Not that it matters if you won).

Stoke

arcon5 wrote: »

Report him to trading standards. Enough complaints they will take action agains him, whether that be civil or criminal.

But sadly sometimes principles are very costly.

I wouldn't want to drive a car with a deep gash in the tyre - but that's an easy fix. What else was wrong with it? (Not that it matters if you won).

Sounds like the chassis is twisted.

Unfortunately, getting it on a jig will cost in excess of £600 unless you're very friendly with the garage.