Creditor 7 years later

wot_a_life

In 1998, We sold our car privately to a young chap, looking for a first car.

He came twice and viewed the car, once with a friend and once with his dad, it was an escort. He was offered a test drive on both occasions and he declined.

On the second viewing, he bought the car, but got a friend to drive it for him, I put it down to being nervous and he'd just passed his test.

Anyway....... 3 years later, he takes us to court and puts a ccj on us for £4,500!!!!!!!!!! saying that the car was not what we said it was and he felt unable to drive it, so he had left it in some council garages for 2 years where the local kids had jumped all over it and smashed it to bits basically!!!!

Well, we refused to pay, despite what the judge ordered, he only paid us £1,200 origionally and did not contact us once with any problems after the sale.

Now, 10 years later and 7 years after the judgement was entered, he has sent the bailiffs round, I am soooooooo angry that this chap has got nothing better to do:mad:

What do we do?? we are adament we are not paying this joker
1 - because we are already 40k in debt and
2 - we don't believe he is entitled to our money (which incidently we haven't got)

barshamhillbilly

Just curious - In what way was the car not as described, and how did he prove it in court?

10past6

wot_a_life wrote: »

What do we do??

Hi

Couple of things, was it court bailiffs that came round and what did they say?

You say "3 years later he took us to court" so, did you attend court, and put your defence?

If you did NOT atend court and defend the action, that's why he was granted a CCJ.

wot_a_life

Yes! we went to court and defended the case but he was still granted the ccj against us, our big mistake was not taking along legal representation, but then again, neither did he, it was just him against us.

He said the car was not acceptable for his needs!!!!! that is why I'm so angry, if he had contacted us shortly after buying the car, then perhaps we could have come to an agreement, but he didn't!!

By the time he took us to court, it had been vandalised to the point of being written off, and the courts ruled in his favour!!!

I don't know what type of bailiff it was, not a sheriff tho

wot_a_life

Oh! and the bailiff told my husband that we have to submit a N244 form and present it to the court, he was under the impression that this was a new debt!!!!!

Now...... will we have a new ccj entered against us for that debt as the old one has expired?

10past6

wot_a_life wrote: »

Now...... will we have a new ccj entered against us for that debt as the old one has expired?

I think you should contact the court to clarify what action is taking place re this debt.

From my understanding, you cannot have 2 CCJ's for the same debt.

Did you make any payments once you lost the case?

wot_a_life

No, we didn't make any payments, because we didn't agree that we even owed the money!!! It felt like he was the claimant so he was right!!!

No payments have ever been made to this debt and because it is a ccj, however old it may be, am I right that we can't apply for stature barred?

barshamhillbilly

I don't really see how you lost the case in the first place. I thought the legal requirement regarding private second hand cars that the car must be able to pass an MOT, unless sold on the basis that it is for scrap / repair only. So unless the car was not fit to pass an MOT at the time you sold it, and it started and drove safely then he had no comeback. Its buyer beware. There must be more to this ??? A part of the puzzle is missing me thinks. :huh:

BAILIFFCHASER

there is a part missing but what is it ?

wot_a_life

There is no part missing to this I can assure you, it is bazarre which is why we have never paid him a penny even after the ccj was put on us, he even put ccj's on us individually so it showed up as 2 seperate debts on our credit files!!!!!

His dad incidently also did a credit check on us prior to the court case, illegal??? Well ,I complained and guess what? Nothing they could do!!!!

We sold him the car in good faith and in good condition with both tax and MOT, the milage was a little high for the year but that was it! He was more interested in playing with the electric windows when he came to view it than anything else!

The judge was a woman who he convinced we had PUSHED the sale onto him, and him being a novice driver and new to the motoring world, bought the car!! In reality, it was too big for him in my opinion and he was too scared to drive it, then he probably went to insure it which ould have cost him the earth, he did a credit check on it and so did we even tho we knew it was ok, so as far as we were concerned , everything was fine and in order.

I might add, that we don't sell cars as a living or anything like that, it was a family car.

rog2

Did you appeal against the judgement?