I've won my CCJ

LucieT
LucieT Posts: 2 Newbie
in Consumer rights
I bought a car with multiple faults of a garage. I took it to the small claims court and eventually won. I started the process of going to the high court but he payed out before it got to it. The problem I have is that I now have the money I paid for the car (plus costs) AND the car. So far he has made no contact, not even when he sent the cheque. Does any one know what should happen to the car? Is it mine to try and fix or sell truthfully or do I have to give it back? Any help would be great. Thanks
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Comments

  • pramsay13
    pramsay13 Posts: 1,937 Forumite
    Name Dropper First Anniversary First Post
    No, the car is not yours to try and fix or sell truthfully.
  • London50
    London50 Posts: 1,850 Forumite
    Name Dropper First Post First Anniversary
    They have up to 6 years to collect it from you and you have a duty of care to look after it until it is collected
  • Gavin83
    Gavin83 Posts: 8,744 Forumite
    Name Dropper First Post First Anniversary
    Have you made any attempt to contact him for collection of the car? As others have said it's not your property, it's his and it will remain so. You could potentially sell it but you need to give him the chance to collect first and even if you do any money you make will be his anyway. You can't have your cake and eat it as they say.
  • ess0two
    ess0two Posts: 3,606 Forumite
    Name Dropper First Post First Anniversary
    You couldn't make this up, keep the car,!!!!!!.
    Official MR B fan club,dont go............................
  • pinkshoes
    pinkshoes Posts: 20,072 Forumite
    Name Dropper First Anniversary Photogenic First Post
    Contact them.

    Give them 14 days to arrange collection of the car.

    State that if it is NOT collected, as you are unable to store the car you will be selling the car and will send them a cheque for any money received less admin fee.
    Should've = Should HAVE (not 'of')
    Would've = Would HAVE (not 'of')

    No, I am not perfect, but yes I do judge people on their use of basic English language. If you didn't know the above, then learn it! (If English is your second language, then you are forgiven!)
  • LucieT
    LucieT Posts: 2 Newbie
    Thanks for you reply, I wasn't sure if I should contact them again as he really wasn't happy with me. But I will now send him a letter like I have before. Thanks again
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
    If the car still runs and is taxed and insured why not just take it back?
  • wesleyad
    wesleyad Posts: 754 Forumite
    First Post First Anniversary
    London50 wrote: »
    They have up to 6 years to collect it from you and you have a duty of care to look after it until it is collected

    I'd be interested to know how far this goes in terms of a car. For example if I had no drive, then the car would have to be kept on the street. In which case it couldn't be SORNd and I'd then have to pay for tax and insurance. Seem unlikely I'd be forced to pay that for 6 years? And duty of care would mean I'd need to run it regularly to stop engine seizing and clean it etc? Doubt it happens much, but an odd situation.
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    First Post Combo Breaker
    wesleyad wrote: »
    I'd be interested to know how far this goes in terms of a car.


    See post #6 by pinkshoes.
  • Comms69
    Comms69 Posts: 14,229 Forumite
    Name Dropper First Anniversary First Post
    London50 wrote: »
    They have up to 6 years to collect it from you and you have a duty of care to look after it until it is collected



    That's not true. They have 6 years to claim costs. But the OP can easily give them notice to collect it and if not, they are free to sell it - with reasonable effort - and simply return the money.
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