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

GDB2222

Jumblebumble said:

klb1985 said:

Thanks everyone for your comments. I have since spoken to a solicitor who have stated that, as the vehicle was not included in the ccj or enforcement and no court has stated the car should be returned, I have legal rights to the car and can do as I wish. The private trader ceased communication early on before the ccj proceedings commenced, with requests to collect the vehicle being ignored. In regards to the HCEO installment arrangement, the seller has failed to make the first payment.

Have you obtained the solicitors view in writing?
Otherwise you may find as our late Queen used to say
"Recollections may vary"

I remember MIL seeing the doctor and, afterwards, reporting that he told her to carry on smoking.   We all knew that could not possibly be true, even MIL, yet  it is how she remembered it. 

sheramber

People hear what they want to hear. 

Alderbank

The legal basis for your claim was to exercise your Right to Reject under S20(7)(a) of the CRA.

Remember that as well as your right to a refund you separately have a duty under S20(7)(b) to return the goods or make them available for collection.

saajan_12

klb1985 said:

Thanks everyone for your comments. I have since spoken to a solicitor who have stated that, as the vehicle was not included in the ccj or enforcement and no court has stated the car should be returned, I have legal rights to the car and can do as I wish. The private trader ceased communication early on before the ccj proceedings commenced, with requests to collect the vehicle being ignored. In regards to the HCEO installment arrangement, the seller has failed to make the first payment.

No court has said stated that so far, but the trader could still file a court claim for the car (or value) and would be successful. So yes you can do anythign with the physical car but then could well be returning a chunk of money. 

pinkshoes

klb1985 said:

Thanks everyone for your comments. I have since spoken to a solicitor who have stated that, as the vehicle was not included in the ccj or enforcement and no court has stated the car should be returned, I have legal rights to the car and can do as I wish. The private trader ceased communication early on before the ccj proceedings commenced, with requests to collect the vehicle being ignored. In regards to the HCEO installment arrangement, the seller has failed to make the first payment.

Did the solicitor put this in writing????

If you have received a full refund (or will once the instalments have completed) then although you have possession of the car, it will not actually belong to you as you have not paid for it.

So by all means sell it, or do what you like with it, but be prepared for the seller to come after you for the money.

Once payments are complete, I would ask the seller to collect it and give them a deadline. If they don't, then sell it/scrap it and put the money to one side just in case the seller takes legal action against you.