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  • FIRST POST
    • LucieT
    • By LucieT 4th Nov 18, 6:15 PM
    • 2Posts
    • 0Thanks
    LucieT
    I've won my CCJ
    • #1
    • 4th Nov 18, 6:15 PM
    I've won my CCJ 4th Nov 18 at 6:15 PM
    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
Page 1
    • pramsay13
    • By pramsay13 4th Nov 18, 6:22 PM
    • 547 Posts
    • 981 Thanks
    pramsay13
    • #2
    • 4th Nov 18, 6:22 PM
    • #2
    • 4th Nov 18, 6:22 PM
    No, the car is not yours to try and fix or sell truthfully.
    • London50
    • By London50 4th Nov 18, 6:26 PM
    • 1,614 Posts
    • 1,567 Thanks
    London50
    • #3
    • 4th Nov 18, 6:26 PM
    • #3
    • 4th Nov 18, 6:26 PM
    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
    • By Gavin83 4th Nov 18, 6:30 PM
    • 5,465 Posts
    • 9,048 Thanks
    Gavin83
    • #4
    • 4th Nov 18, 6:30 PM
    • #4
    • 4th Nov 18, 6:30 PM
    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
    • By ess0two 4th Nov 18, 6:46 PM
    • 2,967 Posts
    • 3,861 Thanks
    ess0two
    • #5
    • 4th Nov 18, 6:46 PM
    • #5
    • 4th Nov 18, 6:46 PM
    You couldn't make this up, keep the car,wtf.
    Official MR B fan club,dont go............................
    • pinkshoes
    • By pinkshoes 4th Nov 18, 10:06 PM
    • 16,074 Posts
    • 22,099 Thanks
    pinkshoes
    • #6
    • 4th Nov 18, 10:06 PM
    • #6
    • 4th Nov 18, 10:06 PM
    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
    • By LucieT 5th Nov 18, 8:37 AM
    • 2 Posts
    • 0 Thanks
    LucieT
    • #7
    • 5th Nov 18, 8:37 AM
    Thanks for help
    • #7
    • 5th Nov 18, 8:37 AM
    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
    • By agrinnall 5th Nov 18, 8:39 AM
    • 21,420 Posts
    • 17,238 Thanks
    agrinnall
    • #8
    • 5th Nov 18, 8:39 AM
    • #8
    • 5th Nov 18, 8:39 AM
    If the car still runs and is taxed and insured why not just take it back?
    • wesleyad
    • By wesleyad 5th Nov 18, 10:10 AM
    • 338 Posts
    • 286 Thanks
    wesleyad
    • #9
    • 5th Nov 18, 10:10 AM
    • #9
    • 5th Nov 18, 10:10 AM
    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
    Originally posted by London50
    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
    • By agrinnall 5th Nov 18, 12:03 PM
    • 21,420 Posts
    • 17,238 Thanks
    agrinnall
    I'd be interested to know how far this goes in terms of a car.
    Originally posted by wesleyad

    See post #6 by pinkshoes.
    • Comms69
    • By Comms69 5th Nov 18, 1:41 PM
    • 5,501 Posts
    • 5,614 Thanks
    Comms69
    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
    Originally posted by London50


    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.
    • robatwork
    • By robatwork 5th Nov 18, 4:17 PM
    • 4,690 Posts
    • 5,261 Thanks
    robatwork
    How long ago did you get/clear the cheque?

    I can't find the thread now but there is a horror story of a cheque being reversed after clearing someone's account.

    While unlikely, I'd probably keep the car for a while - someone else may well know if the cheque can be reversed.

    Then take it, and all the keys, to the garage and hand them over. Get someone to film you doing it and with some proof of the date (newspaper).
    • Murphybear
    • By Murphybear 9th Nov 18, 4:22 PM
    • 4,064 Posts
    • 8,030 Thanks
    Murphybear
    Due to the conflicting advice given by complete strangers on the internet I think you need to contact Citizens Advice
    • unholyangel
    • By unholyangel 9th Nov 18, 5:32 PM
    • 12,997 Posts
    • 10,305 Thanks
    unholyangel
    Due to the conflicting advice given by complete strangers on the internet I think you need to contact Citizens Advice
    Originally posted by Murphybear
    Wheres the conflicting advice? As far as I can see, everyone has advised of the same thing - the car isn't the OPs. If they didn't agree to return rejected goods then they are an involuntary bailee and as such have a duty to take reasonable care of the goods and make them available for collection. The owner has up to 6 years to make a claim based in tort (or based on simple contract).

    The OP can relieve themselves of the duty of care early by sending two written notices to the owner providing certain details (their name, address etc) and the notices can be sent at the same time - unless monies are owed in relation to the goods in which case they need to allow 3 months between the notices.

    If these notices have been sent and the owner still doesn't collect then OP can sell or dispose of the goods. However if they sell them, it needs to be fair market value (no mates rates) and any monies from the sale after reasonable & necessary expenses would belong to the owner.
    Money doesn't solve poverty.....it creates it.
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