CCJ - Having to return faulty goods

jawknee

Sorry, this feels like a bit of a stupid question, but would a CCJ for a case where a faulty good was sold typically stipulate that the claimant has to return the faulty good?

The defendant isn't replying to the courts and it looks like I'm going to win by default, but this will still take time and I'm not confident I'm going to get any money back for various other reasons. Could I sell the faulty vehicle now as it is about to depreciate heavily and then still pursue the CCJ or will that essentially mean I'm conceding the court action?

peter_the_piper

More info please, not enough to make sense. Sorry.

jawknee

Hi Peter

I bought a second hand car from a dealership which had a serious engine problem. I'm currently going through the small claims procedure and after submitting a 2 line defence, the dealership are now ignoring all correspondence from the courts. It's getting to the point where the defence will be struck off and we can apply for a county court judgment by default. However, the dealership are applying to be struck off as a company (which I've managed to delay) and the last director has resigned meaning the company is without any directors though still trading as far as I can tell. So chances of recovering any money are looking slim.

My question is, if I sell the car on now before it loses more value, will this affect any future CCJ? Could I for example sell the car and request the CCJ to only include recovering the court costs and some compensation or will the CCJ enforce everything in the original small claim including myself returning the faulty vehicle?

Shaun_of_the_Dead

jawknee wrote: »

Hi Peter

I bought a second hand car from a dealership which had a serious engine problem. I'm currently going through the small claims procedure and after submitting a 2 line defence, the dealership are now ignoring all correspondence from the courts. It's getting to the point where the defence will be struck off and we can apply for a county court judgment by default. However, the dealership are applying to be struck off as a company (which I've managed to delay) and the last director has resigned meaning the company is without any directors though still trading as far as I can tell. So chances of recovering any money are looking slim.

My question is, if I sell the car on now before it loses more value, will this affect any future CCJ? Could I for example sell the car and request the CCJ to only include recovering the court costs and some compensation or will the CCJ enforce everything in the original small claim including myself returning the faulty vehicle?

If you've rejected the car it's not yours to sell and will open you up to a theft charge.

jawknee

Even though I legally own the vehicle? Strange but perhaps not worth the risk to sell it in that case.

But say for example the car was written off/stolen/whatever so it can no longer be returned, how would this affect a CCJ? No effect? Are only some of the costs then recoverable? Or is it completely thrown out?

Shaun_of_the_Dead

jawknee wrote: »

Even though I legally own the vehicle? Strange but perhaps not worth the risk to sell it in that case.

But say for example the car was written off/stolen/whatever so it can no longer be returned, how would this affect a CCJ? No effect? Are only some of the costs then recoverable? Or is it completely thrown out?

If you've rejected it you don't own it.