Small claims..me again!

holly_smith123

Hi,

I posted recently (had some great advice, thank you) about my small claims case. In short, I bought a car which was faulty from the off and the court decided in my favour.

The garage have until Friday to pay me and collect the car. They have ignored all contact and it’s very unlikely I will get money back by Friday. If they don’t pay and I have to pay court to enforce judgement, do they still get the car back? The MOT is due on Friday and I’m obviously reluctant to pay out loads of money for him to get car back.

Thanks in advance

waamo

They will still own the car. It is up to them to retrieve it, unless the court ordered differently.

If you get an HCEO to enforce they won't be interested in anything except getting the dosh.

knightstyle

Before you go any further make sure the garage is still trading under exactly the same name.
Who is the court order against, garage or owner?

waamo

Looking at your other thread (for future reference it would be easier sticking to one thread, you are getting the same questions asked before and will probably get similar advice) have you tried a Section 75 refund?

holly_smith123

Sorry I should of posted on other thread. I have contacted the finance company and they are supposed to assigning me a complaint handler but nothing seems to be happening. I wouldn’t normally be so worried about time, it’s just because the mot is due

waamo

I hate to say but the likelihood is nothing is going to happen rapidly. If he doesn't pay then enforcement may take many weeks, if not months.

holly_smith123

Thanks for your replies, mot it is