CCJ Over car I sold!

mikehiow

I hope this is the right place to post this.

I sold a car in April this year, it was a private sale in which the buyer asked me to deliver the car to a ferry port.

He did not examine the car, he did not drive it.

After I left, he told me he was unhappy. We exchanged a few emails/texts/phone calls and could not reach an agreement. I ceased contact after some vague threats.

Fast forward to today and I have received texts, emails and instagram messages asking for my new address to pass onto Bailiffs because he has been awarded a CCJ against me.

This seems ridiculous. There is no requirement to provide an address when you sell something privately, is there? It seems he's found an old address of mine somewhere and issued it against that.

I know I need to apply to have the case set aside, but where do I go from here?

What happens if I'm successful in having it set aside, am I left £155 down?

Aquamania

mikehiow wrote: »

I hope this is the right place to post this.

I sold a car in April this year, it was a private sale in which the buyer asked me to deliver the car to a ferry port.

He did not examine the car, he did not drive it.

After I left, he told me he was unhappy. We exchanged a few emails/texts/phone calls and could not reach an agreement. I ceased contact after some vague threats.

Fast forward to today and I have received texts, emails and instagram messages asking for my new address to pass onto Bailiffs because he has been awarded a CCJ against me.

This seems ridiculous. There is no requirement to provide an address when you sell something privately, is there? It seems he's found an old address of mine somewhere and issued it against that.

I know I need to apply to have the case set aside, but where do I go from here?

What happens if I'm successful in having it set aside, am I left £155 down?

Probably not the correct board. This board is about Consumer Rights. You are an seller... and a private one at that.

If you've had a CCJ awarded against you, it sounds like the judge believes the claimant. If it's now got to the point of bailiffs becoming involved, it sounds like it's been going on for some time.

Rights to appeal or get the judgement set-aside are very limited, but the court is the only place that can do it for you.
In the meantime, your credit file will be trashed.

What's the £155 relate to? :huh:

There's a charge to apply to set the original judgement aside (whether successful or not), and you will have to pay that. Most unlikely it will ever be recoverable.

shaun_from_Africa

Aquamania wrote: »

Probably not the correct board. This board is about Consumer Rights. You are an seller... and a private one at that.

If the OP was not acting in a business capacity when they sold the car then they are a consumer, hence this is the correct board.

Marktheshark

Have you actually checked he has a CCJ ?
Start there.
Paid for credit check.

Aquamania

shaun_from_Africa wrote: »

If the OP was not acting in a business capacity when they sold the car then they are a consumer, hence this is the correct board.

I'm not convinced.

Consumer
When you buy goods or services the law gives you consumer rights. These protect you from being treated unfairly by a trader.

http://www.adviceguide.org.uk/england/consumer_e.htm

Consumer rights

The law protects your consumer rights when you buy goods or services.

https://www.gov.uk/consumer-protection-rights

Nothing their about selling goods.

:cool:

shaun_from_Africa

I'm not convinced.

Not convinced about what?
To be classed as a trader or business seller, you must be selling as part of your trade or profession.

Consumer
When you buy goods or services the law gives you consumer rights. These protect you from being treated unfairly by a trader.

The OP is not a trader as they stated that the car they sold was a private sale. Because of this an awful lot of the SOGA doesn't apply.
The car must be as described, but there is no requirement for it to be durable or fit for purpose.

Private sales
When you buy a used vehicle from a private individual, you don't have the same rights as you do when buying from a trader. The legal principle of caveat emptor, or 'buyer beware' operates. You have no right to expect that the vehicle is of satisfactory quality or fit for its purpose, but there is a requirement that it should be 'as described'. For example, if an advertisement says 'low mileage, one previous owner', it must be correct. You should check the vehicle thoroughly before you buy it.

http://www.tradingstandards.gov.uk/cgi-bin/glos/con1item.cgi?file=*ADV0003-1011.txt

Aquamania

shaun_from_Africa wrote: »

Not convinced about what?
....

Not convinced about your earlier post

shaun_from_Africa wrote: »

If the OP was not acting in a business capacity when they sold the car then they are a consumer, hence this is the correct board.

I did quote it

mikehiow

The CCJ exists. It was awarded in June.

As far as I can find out, it doesn't really matter if the judge believed him, as I didn't submit a defence, the judgement was default.

Marktheshark

Was the VC5 showing your correct details as keeper.

Aquamania

mikehiow wrote: »

The CCJ exists. It was awarded in June.

As far as I can find out, it doesn't really matter if the judge believed him, as I didn't submit a defence, the judgement was default.

How do you know for certain it exists?

You can only be certain if you have a copy. If you have a copy of the judgement then why don't you have a copy of the original summons.

Then, if you have a copy of the summons, why didn't you defend it? As I said, opportunities to appeal or have the judgement set aside are very limited.

But it looks like you've looked into this already ...

mikehiow

I know because I paid for a search on the address he claims he submitted against.

He has claimed for the full price he paid for the car.

The V5C had my correct address, however he "claims" he never received it.