CCJ for a vehicle that was sold...

sourcrates

The judgement won`t/can`t be removed, except by a successful set aside application.

Paying it, after the first 30 days, does not remove it.

simon_or

sourcrates said:

The judgement won`t/can`t be removed, except by a successful set aside application.

Paying it, after the first 30 days, does not remove it.

Thanks, that what I thought as well. I suppose if the creditor agrees, then a set aside is more likely to be successful and quickly done so the OP can apply for their mortgage?

prowla

The bill of sale/receipt is the point at which the car changed ownership.

Regardless whether the V5 was updated.

Susieee

prowla said:

The bill of sale/receipt is the point at which the car changed ownership.

Regardless whether the V5 was updated.

So, would you say that there is a decent chance of a set aside? 

Will the V5 issue work against me? I would like to think that it's a separate issue. 

Susieee

Update...

The bill has gone up to £1700 odd. The garage owner is refusing to talk about where the bike is and says it's at a secure compound. He isn't saying anything else and has refused a face to face meeting to discuss. He's threatened to call the police if we turn up. At all times we have tried to be polite and got involved not only to remove our CCJ but also to do the right thing and get the garage owners money paid off.
So, yesterday he said he would be willing to accept part payment and will see what he can do. Today it's a different story and it's full payment or he doesn't want to talk. Full payment or go to court. So we have no option because... this kid is only 21 years old. He's a full time student and says he is only working one job at the moment. He says he can afford to pay £1000 now and the rest in installments. That's been rejected outright sadly. Also this wouldn't help us progress our mortgage. I feel for him as he has realised his mistake and is trying to repay his debts. But I believe him when he says he simply can't afford to pay the whole lot. He's also been speaking to me about the charges. The charge to inspect the bike was £300+ and this wasn't agreed. Further charges to order parts, costs were not agreed. Restocking charges have been added and so have, I presume, storage fees. He is not disclosing an itemised bill. He has stopped contact with us. We are the ones who have tried to help him.

I just don't understand some people. 

Sigh. Will make a nice court application on Monday and I hope I get a favourable decision. 

Will update in due course. 

HampshireH

Susieee said:

Update...

The bill has gone up to £1700 odd. The garage owner is refusing to talk about where the bike is and says it's at a secure compound. He isn't saying anything else and has refused a face to face meeting to discuss. He's threatened to call the police if we turn up. At all times we have tried to be polite and got involved not only to remove our CCJ but also to do the right thing and get the garage owners money paid off.
So, yesterday he said he would be willing to accept part payment and will see what he can do. Today it's a different story and it's full payment or he doesn't want to talk. Full payment or go to court. So we have no option because... this kid is only 21 years old. He's a full time student and says he is only working one job at the moment. He says he can afford to pay £1000 now and the rest in installments. That's been rejected outright sadly. Also this wouldn't help us progress our mortgage. I feel for him as he has realised his mistake and is trying to repay his debts. But I believe him when he says he simply can't afford to pay the whole lot. He's also been speaking to me about the charges. The charge to inspect the bike was £300+ and this wasn't agreed. Further charges to order parts, costs were not agreed. Restocking charges have been added and so have, I presume, storage fees. He is not disclosing an itemised bill. He has stopped contact with us. We are the ones who have tried to help him.

I just don't understand some people. 

Sigh. Will make a nice court application on Monday and I hope I get a favourable decision. 

Will update in due course. 

Doesn't sound like he is helping his cause then.

What is the cost the CCJ is for? Are you now saying he is increasing his claim against you?

I would definitely be defending this.

Susieee

He doesn't give much information away. I think his position is that he somehow understands that I'm not the one who owes him money but he won't help me with the CCJ until he gets paid. He thinks that I have influence over the buyer. I didn't even know the guy before but we have talked these past couple of days. The CCJ is for £1532. That's what it says on the credit file. He is now asking for £1700+ from the owner of the bike. This was requested over a phone call today. 

I personally have never been sent a bill and I don't know what the charges are made up of. 

You are right, he isn't helping his cause. I could win and get this set aside and the owner could get a court decision to say he will pay £10 a month.  

Susieee

I actually think that no work was done on the bike except that it was checked in detail to diagnose the issue. But I think that cost £300 and this wasn't agreed. I wouldn't have agreed to pay £300 to someone to check my bike out, especially if it cost £350 to actually buy. Some miscommunication has gone on long before the matter was taken to court and unfortunately, not defended. 

simon_or

I think you've done all you can with the garage.

Your best bet is a set aside application focusing on the fact that you have nothing to do with the garage and sold your bike to your nephew on this date.

The V5C delay withstanding, I think you have a good chance of getting the CCJ set aside.

MrFrugalFever

The V5c is NOT proof of legal ownership and therefore, I believe, the issue of not changing address and tracing of the legal owner may well be a separate one entirely. Providing you can prove, without any doubt, the sale of the motorbike, you may be able to remove yourself from this tri-partite mess and let the garage deal directly with the motorbike owner.

The owner of the motorbike would then need to consult the Consumer Credit Act, trading standards and possibly his own solicitor to untangle the mess he is in. If the garage can not prove that work was requested to be carried out - at an agreed rate - then they may not be able to request more in costs than is reasonable.

Personally, has hard as it may be emotionally (due to link to your nephew etc), I think you should focus on the impact it has on you personally and the fact that you were not the legal owner at the time of CCJ.