CCJ for a vehicle that was sold...

Susieee

I sold a vehicle to a friends nephew in October 2020. I didn't fill in the V5 but I did get a signed receipt with date and both signatures marked sold as seen etc etc.

The buyer took the vehicle straight away to get it repaired. The bill from the garage was about £750 or so. I don't have the full details but the bill now stands at around £1532.

I recently discovered the garage has issued a CCJ in my name as I was the registered keeper of the vehicle at the time he made the application to the court - March 2021. He also issued a CCJ against the buyer.

My CCJ went to an old address (it's a rental owned by my mother but there was a fire there and it was boarded up for over a year or so and that's why the court application wasn't defended).

I went to see the garage owner and he was initially understanding and said that he only got me involved as he didn't know who the owner was. He said he would call the court in the morning and get the CCJ removed. All good I thought. He has since changed his mind on the advice of the solicitor saying that he thinks, as the registered keeper of the vehicle, I am liable as well.

I have emailed him and told him that I have a dated receipt, I have never formed a contract with him and the original application was not defended as the address wasn't changed from my current address and address on the V5 had a major fire. I have proof of all of that. He is pressuring me to arrange to get the bill paid as he says that is the easiest way to get the CCJ removed and he doesn't believe me when I tell him that I don't know the buyer personally.

I am in a urgent hurry to remove the CCJ so I can get a mortgage on a property that an offer has already been accepted for. Also, I know he has instructed baillifs to attend the property of the buyer, I do not wish the same to happen to me.

Can anyone advise on my chances of having the CCJ set aside based on the above? 

Please help anyone.

Sandtree

How long ago was the judgement made? If it was over a month then paying it wont remove it from your credit history but just mark it as settled.

If you dont think you owe it you can follow the process to attempt to have the judgement set aside https://www.gov.uk/county-court-judgments-ccj-for-debt/cancel-the-judgment

penners324

The court will look extremely dimly on the  v5 change of ownership form not being completed and returned. Nor the vehicles registered address being updated when you moved.

Both are offences in the eyes of the DVLA.

penners324

Why didn't you get the V5 done?

Any speeding and parking tickets would come back to you as well

Susieee

Vehicle was sold in October 2020. Judgement was made in March 2021. V5 was updated to sellers name and address after March 2021 when I found out the buyer was having trouble paying the bill.

Not changing the V5 was just an oversight and now I understand, quite a serious one.

I definitely feel that I am not liable for the £1532 bill.

I am wondering what my chances are of having the CCJ set aside? A set aside by consent is also a possibility.

DE_612183

you'll need the garage owner to agree - have you told him about your mortgage application? perhaps he thinks you'll pay it just to get it removed?

Susieee

Yes we have told him that we are applying for a mortgage and that is actually the first time I saw the CCJ on my file as I had no idea otherwise. He was very understanding when we met him, apologising to us for the trouble he has caused. Then he spoke to his solicitor and everything changed.

Susieee

Can I make an application to have it set aside and then if I lose, can I make another application 'set aside by consent' to? I think it's worth a try to and then if it fails, pay some of the money. The buyer has agreed verbally that he is willing to pay around £500 of the costs.

Penguin_

Susieee said:

Yes we have told him that we are applying for a mortgage and that is actually the first time I saw the CCJ on my file as I had no idea otherwise. He was very understanding when we met him, apologising to us for the trouble he has caused. Then he spoke to his solicitor and everything changed.

THat's probably why everything changed.

Susieee

Does any one on here have any idea of how successful a set aside application will be please?

magpies79

So this is me asking the more knowledgeable people on here.

 the not changing of the V5 is definitely a big  mistake as people have said opens you up for possible parking, speeding fines and it’s an offence this also helps people drive around in cars committing crimes with sometimes no recourse because the car is still registered to you makes them harder to track.

my question is won’t this turn out to be 2 separate issues potentially you could end up getting fined with regards to the not changing the details on the V5 which you are clearly guilty for….but surly that doesn’t mean someone could potentially take a car into a garage that isn’t there’s ask for work to be done go to collect it drive off then it’s down to the registered keeper to foot the bill isn’t it down to the person who physically went to the garage asked for work to be done then didn’t pay?? I’m not saying this is the case I’m asking lol because that’s what I thought it would be