CCJ for a vehicle that was sold...

magpies79

Also how was he able to leave the garage with out paying when ever I’ve gone to collect my car I don’t get the keys until I’ve paid sometimes some garages offer payment plans but the Person would have to enter into a credit agreement and a credit check 

Brie

Maybe he didn't collect the car as it wasn't worth enough?  how much did you sell it for?  

magpies79

Brie said:

Maybe he didn't collect the car as it wasn't worth enough?  how much did you sell it for?  

Yeah could even be that cost of repairs can soon escalate to point where you think keep the car but can the registered owner be held responsible for a repair bill he/she never even went to or agreed to like in no way was part of any of the process of getting a quote agreeing to it then having the work done if that’s what’s happened.
also if it’s your cousin have you asked what’s happened maybe if he agrees to pay what he owes could be a good start 

sourcrates

It can be difficult to prove who actually does own any particular vehicle.

The name on the V5 need not necessarily be the owner, also the person who pays for insurance and car tax, again, need not be the actual owner.

You generally need something that states you own the vehicle, such as a receipt for example.

It`s questionable why the Garage obtained a judgement against you, when you were not the legal owner, and may not entirely hold water, however not filling in the V5 did you no favours there either.

I would look into whether or not I had a case for a set aside application.

Sandtree

sourcrates said:

It`s questionable why the Garage obtained a judgement against you, when you were not the legal owner, and may not entirely hold water, however not filling in the V5 did you no favours there either.

Why wouldn't you if you can? More people you have a judgement against the better your chance of making a recovery.

Not only had the OP not advised the DVLA of the change of registered keeper they also hadn't informed them of the change of address and so the judgement was given in default. If the defendant doesn't respond it doesn't matter how weak your argument is you get a win.

cymruchris

Susieee said:

I sold a vehicle to a friends nephew 

Have you spoken to the friend's nephew to establish what happened?

Susieee

Thanks everyone for replying.  

So the vehicle is actually a motorbike. It was sold for just £350 as it wasn't even working. It needed a reasonable amount of work doing. He wasn't driving it at all. It was taken by a van and dropped to the garage. Its still in the garages possession. The garage owner didn't know who the owner was. He found me through the registration plate of the bike. He didn't even know who the buyer was, he got his details through the number plate of the aunty. He apologised for getting me involved when I went to see him with my ID. But then things changed. 

But good news today. The buyer is willing to pay after I put a little pressure on him to do the right thing. The bike cost him £350. The repairs would have cost £750 or so. I guess the other charges are extra charges. He lied and kept everything hidden from. Lesson learnt. 

Hopefully tomorrow we will go and see him, altogether. Then settle his debt and things can finally be resolved. 

Will let you know what happens.

magpies79

sourcrates said:

It can be difficult to prove who actually does own any particular vehicle.

The name on the V5 need not necessarily be the owner, also the person who pays for insurance and car tax, again, need not be the actual owner.

You generally need something that states you own the vehicle, such as a receipt for example.

It`s questionable why the Garage obtained a judgement against you, when you were not the legal owner, and may not entirely hold water, however not filling in the V5 did you no favours there either.

I would look into whether or not I had a case for a set aside application.

My point exactly I think the fastest way and least expensive is you go with your cousin he agrees to pay what he owes the garage they  also agree to allow you to remove ccj through set side you pay the fee cousin pays what he owes that way your file would be back to where it was garage get there money everyone’s happy 

magpies79

And like sourates states was and is it a Justifiable ccj against you it’s only been awarded because you didn’t respond because you didn’t update you V5 so received no paper work you fault of course but I would question if it would of been awarded against you in the first place and not just your cousin if you had been able to give the facts 

simon_or

Susieee said:

Thanks everyone for replying.  

So the vehicle is actually a motorbike. It was sold for just £350 as it wasn't even working. It needed a reasonable amount of work doing. He wasn't driving it at all. It was taken by a van and dropped to the garage. Its still in the garages possession. The garage owner didn't know who the owner was. He found me through the registration plate of the bike. He didn't even know who the buyer was, he got his details through the number plate of the aunty. He apologised for getting me involved when I went to see him with my ID. But then things changed. 

But good news today. The buyer is willing to pay after I put a little pressure on him to do the right thing. The bike cost him £350. The repairs would have cost £750 or so. I guess the other charges are extra charges. He lied and kept everything hidden from. Lesson learnt. 

Hopefully tomorrow we will go and see him, altogether. Then settle his debt and things can finally be resolved. 

Will let you know what happens.

That's great news OP, hopefully your nephew follows through.

Once the CCJ is satisfied, other than it being marked as satisfied on the register, how does the OP get it fully removed and how long does it usually take? I was under the impression that even if it's satisfied, CCJs will still stay on for 6 years from when it was registered?