Won CCJ refund for faulty car – do I legally have to give the car back?

klb1985

Hi all,

I’m hoping someone can clarify the legal position for me, as I’m getting conflicting or unclear guidance.

I bought a used car through a private trader which turned out to be faulty. I requested a refund under the Consumer Rights Act and offered to return the car, but the seller refused to engage or collect it. I then took the matter to court.

The court awarded me a money-only County Court Judgment (refund + costs). There was no order to return the vehicle. The seller did not defend the claim and did not counterclaim for the return of the car.

The judgment is now being enforced by High Court Enforcement Officers, and the seller is paying by instalments. He has recently contacted me saying that once the payments are finished, he expects to collect the car.

I have already spoken with Trading Standards, the Small Claims Court, and the High Court Enforcement Officers, but none of them are able to give a definitive answer on whether the car must legally be returned, as they each say it’s outside their remit.

My questions are:

• Is the car now legally mine to keep/sell/scrap, given the money judgment and his earlier refusal to accept return?
• Or do I have a legal obligation to give the car back, even though the court did not order this?

I’m not looking to do anything unreasonable,  I just want to understand the correct legal position so I don’t do the wrong thing.

Thanks in advance for any guidance.

user1977

I think it would inevitably be unjust enrichment if you kept both the price and the car.

born_again

I would go  for let t hem have it back. Why would you want to keep a faulty car?

LightFlare

If the car is still in your possession - I hope you still have it insured

BikingBud

klb1985 said:

Hi all,

I’m hoping someone can clarify the legal position for me, as I’m getting conflicting or unclear guidance.

I bought a used car through a private trader which turned out to be faulty. I requested a refund under the Consumer Rights Act and offered to return the car, but the seller refused to engage or collect it. I then took the matter to court.

The court awarded me a money-only County Court Judgment (refund + costs). There was no order to return the vehicle. The seller did not defend the claim and did not counterclaim for the return of the car.

The judgment is now being enforced by High Court Enforcement Officers, and the seller is paying by instalments. He has recently contacted me saying that once the payments are finished, he expects to collect the car.

I have already spoken with Trading Standards, the Small Claims Court, and the High Court Enforcement Officers, but none of them are able to give a definitive answer on whether the car must legally be returned, as they each say it’s outside their remit.

My questions are:

• Is the car now legally mine to keep/sell/scrap, given the money judgment and his earlier refusal to accept return?
• Or do I have a legal obligation to give the car back, even though the court did not order this?

I’m not looking to do anything unreasonable,  I just want to understand the correct legal position so I don’t do the wrong thing.

Thanks in advance for any guidance.

Advise them it is available for collection at their convenience. 

Do you still have the V5 in your name as responsiblities for MOT, insurance, fines etc will go to the registered keeper and you may wish to advise also that you will transfer the car back to the trader immediately 

sheramber

BikingBud said:

klb1985 said:

Hi all,

I’m hoping someone can clarify the legal position for me, as I’m getting conflicting or unclear guidance.

I bought a used car through a private trader which turned out to be faulty. I requested a refund under the Consumer Rights Act and offered to return the car, but the seller refused to engage or collect it. I then took the matter to court.

The court awarded me a money-only County Court Judgment (refund + costs). There was no order to return the vehicle. The seller did not defend the claim and did not counterclaim for the return of the car.

The judgment is now being enforced by High Court Enforcement Officers, and the seller is paying by instalments. He has recently contacted me saying that once the payments are finished, he expects to collect the car.

I have already spoken with Trading Standards, the Small Claims Court, and the High Court Enforcement Officers, but none of them are able to give a definitive answer on whether the car must legally be returned, as they each say it’s outside their remit.

My questions are:

• Is the car now legally mine to keep/sell/scrap, given the money judgment and his earlier refusal to accept return?
• Or do I have a legal obligation to give the car back, even though the court did not order this?

I’m not looking to do anything unreasonable,  I just want to understand the correct legal position so I don’t do the wrong thing.

Thanks in advance for any guidance.

Advise them it is available for collection at their convenience. 

Do you still have the V5 in your name as responsiblities for MOT, insurance, fines etc will go to the registered keeper and you may wish to advise also that you will transfer the car back to the trader immediately 

Risky,  if the person doesn’t keep up payments. 

born_again

sheramber said:

BikingBud said:

klb1985 said:

Hi all,

I’m hoping someone can clarify the legal position for me, as I’m getting conflicting or unclear guidance.

I bought a used car through a private trader which turned out to be faulty. I requested a refund under the Consumer Rights Act and offered to return the car, but the seller refused to engage or collect it. I then took the matter to court.

The court awarded me a money-only County Court Judgment (refund + costs). There was no order to return the vehicle. The seller did not defend the claim and did not counterclaim for the return of the car.

The judgment is now being enforced by High Court Enforcement Officers, and the seller is paying by instalments. He has recently contacted me saying that once the payments are finished, he expects to collect the car.

I have already spoken with Trading Standards, the Small Claims Court, and the High Court Enforcement Officers, but none of them are able to give a definitive answer on whether the car must legally be returned, as they each say it’s outside their remit.

My questions are:

• Is the car now legally mine to keep/sell/scrap, given the money judgment and his earlier refusal to accept return?
• Or do I have a legal obligation to give the car back, even though the court did not order this?

I’m not looking to do anything unreasonable,  I just want to understand the correct legal position so I don’t do the wrong thing.

Thanks in advance for any guidance.

Advise them it is available for collection at their convenience. 

Do you still have the V5 in your name as responsiblities for MOT, insurance, fines etc will go to the registered keeper and you may wish to advise also that you will transfer the car back to the trader immediately 

Risky,  if the person doesn’t keep up payments. 

It is, but if OP does not have off street parking (do you risk no ins if you do?), then Ins, VED & MOT will need to be paid. 
So could be better of the choices.
At least trader did not just up & shut shop. Leaving OP with nothing.

Undervalued

klb1985 said:

Hi all,

I’m hoping someone can clarify the legal position for me, as I’m getting conflicting or unclear guidance.

I bought a used car through a private trader which turned out to be faulty. I requested a refund under the Consumer Rights Act and offered to return the car, but the seller refused to engage or collect it. I then took the matter to court.

The court awarded me a money-only County Court Judgment (refund + costs). There was no order to return the vehicle. The seller did not defend the claim and did not counterclaim for the return of the car.

The judgment is now being enforced by High Court Enforcement Officers, and the seller is paying by instalments. He has recently contacted me saying that once the payments are finished, he expects to collect the car.

I have already spoken with Trading Standards, the Small Claims Court, and the High Court Enforcement Officers, but none of them are able to give a definitive answer on whether the car must legally be returned, as they each say it’s outside their remit.

My questions are:

• Is the car now legally mine to keep/sell/scrap, given the money judgment and his earlier refusal to accept return?
• Or do I have a legal obligation to give the car back, even though the court did not order this?

I’m not looking to do anything unreasonable,  I just want to understand the correct legal position so I don’t do the wrong thing.

Thanks in advance for any guidance.

It is not for any of these bodies to give you legal advice.

Assuming you get (eventually) a full refund I cannot see how you can have any right to retain the car unless the seller chooses to give it to you.

klb1985

The seller has been given numerous opportunities to collect the car throughout this whole process which has been going on now since June last year, they have ignored all contact right up until the high court enforcement. 

Undervalued

klb1985 said:

The seller has been given numerous opportunities to collect the car throughout this whole process which has been going on now since June last year, they have ignored all contact right up until the high court enforcement. 

They could only lawfully have collected the car if they gave you a full refund, which as I understand it, is what you were seeking. They were not willing to do that, However, a court has now ordered them to so, therefor if / when you receive all the money you cease to have any right to the car.

You can't have the penny and the bun! As another poster has said, that would be betterment!

eskbanker

Undervalued said:
It is not for any of these bodies to give you legal advice.

Or this forum, for that matter!