Can i NOW legally dispose of this car ?

[macatac]

I bought a used car which after 3 days turned out to be dodgy. To cut a long story short, i took the used car dealers to the small claims court where they did not respond to the court. I asked for and got a judgement by default.

The dealers were ordered to repay me in full by june 7th 2010, but so far the money has not been recieved. I am applying for a WARRANT OF EXECUTION ON JUNE 8TH.

As i still have the car, logbook, keys,mot ect ect i have written twice to the dealers by recorded delivery asking them to collect the car within 14 days, they have not responded.

I told them that whilst the car is waiting their collection i will no longer accept any liabilty for it.

I told them if they did not reply within the 14 days i would dispose of the car as i see fit. I want it collected by a scrap car dealers for disposal.

The legal dept i spoke to where i have my car insurance cover told me that the 14 days was enough notice, but the CAB said i have to keep the car for up to 6 months. Can anyone please tell me where i stand and who is correct.

Thanks

[buzby]

14 days is not enough, it may leave you liable. As you sued them for the value of the car, you are duty bound to return this to them after they have paid. Do remember, irrespective of all this, if on the road the car still needs to be fully insured and with a current VED.

[macatac]

The car has been sorn and is on my drive way. If the court orderedthem to repay me in full, obviously the car belongs to them, i would have thought then that i can now class this car as illegally parked on my drive if they dont collect. It has run out of tax and im not renewing car insurance and getting road tax on the car in order to return it to them. Then again it probably wouldnt make it that far. I will be moving in 6 weeks, 300 miles away, so i will write to them one last time and ask them to collect it. If not a scrap dealer can collect it and take it for free

[dx100uk]

charge them store costs!

compound fees are £14 per day in metpol!

 

dx

[buzby]

It is not 'illegally parked' on your driveway, neither can you arbitrarily charge them storage costs. They didn't park the car in your driveway, YOU did - so your claim is unreasonable.

 

Unless the court action for a refund is ultimately successful, you still have the car in compensation. YOu may feel this is a liability, but in 'parts' for it will have a fair value, far in excess of the complete hulk that is untaxed in your drive. By giving the car away free of charge you are potentially shooting yourself in the foot, and giving them further grounds not to repay.

 

To protect yourself, you need to advise them of the outcome to plan, and a 14-day notice by recorded delivery to remove on receipt of your letter starts the clock, and will protect you if they later try to claim you were being unreasonable. Because they got the action by default, they could still appeal and get a re-run, meaning you shouldn't dispose of the car, so bear this in mind as a possibility.

 

Additionally, car parking/storage charges are appled by agreement, you cannot impose them as a court would throw this out for the reasons outlined earlier.

[macatac]

I have written to the dealers again today to give them a further 10 days to contact me to arrange for the collection of the car. I sent the letter by recorded delivery. I explained i am moving 300 miles away and they have to arrange the cars collection before i move. Ive told them that if i dont recieve a reply then i will take this as thier agreement to the disposal of the car. This is now the 3rd letter i have sent them by recorded delivery asking them to contact me to arrange its collection, i have recieved no replies to previous letters. Obviously with me moving i cannot take the car with me, its not safe to drive, and i rejected the car after the 2nd day i bought it. I have now put in a warrant of execution due to the dealers not repaying in the time stated by the court. This has to be my last letter to the dealers asking them to collect the car because i am close to moving and will have to arrange its disposal if they dont reply this time.

After the written requests to them, surely i have now done all i can to get them to collect.

[buzby]

I would think you have, Just keep copies, and check that the RD is/was signed for!

[sailor sam]

I assume you intend to send bailiffs in to recover your money? Have you sent them a copy of the judgement?

 

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[macatac]

I put in for the warrant of execution at my local county court, they will get it transfered to the dealers local court and they will write giving them another 7 days to pay, if they dont then the court will instruct the bailiffs to pay them a visit within another 15 days, if they dont get the payment they will make a walking possession order and give them around another 10 days to pay, if they still refuse to pay then the bailiffs will visit again and remove the items which they listed on their previous visit.

The court originally sent the dealers a copy of the judgement

[buzby]

That's the plan, but bear in mind things seldom go to plan - esoecially if (a) the premises are lockfast at the time of the visit, or there is no identifiable assets that can realise the value of the debt.

[macatac]

If there is no living quarters attatched to the dealers workplace, which there isnt, the bailiffs by law, can force entry into the premises to remove items.

[macatac]

Residential Property

If the property is occupied then the bailiff may only enter with the permission of someone inside.

If nobody is present, the bailiff can enter if through an open window, unlocked door, or other unsecured entrance.

If the bailiff has previously been admitted and is returning to collect payment or goods to be sold, then they have a right of entry to residential property even if the occupants refuse to let them in.

Business Premises

If there is no living accommodation attached and the bailiff has good reason to believe the debtor has goods inside, they may force entry to business premises.

[buzby]

And if the garage is full of cars belonging to customer? It might as well ne empty. It is not the issue of forcing entry, but the fact it costs you for them to visit, and if there is no identifiable property for the COMPANY you sued, you still get nothing.

[dx100uk]

Residential Property

If the property is occupied then the bailiff may only enter with the permission of someone inside.

If nobody is present, the bailiff can enter if through an open window, unlocked door, or other unsecured entrance.

If the bailiff has previously been admitted and is returning to collect payment or goods to be sold, then they have a right of entry to residential property even if the occupants refuse to let them in.

Business Premises

If there is no living accommodation attached and the bailiff has good reason to believe the debtor has goods inside, they may force entry to business premises.

 

 

i thought forced entry was only allowed on magistrates warrants, i'e criminal matters/fines , not for county court warrants.

 

dx

[macatac]

After several letters to the used car dealers asking them to collect the car, and having had no replies, i have now had the car scrapped. All letters i sent i have kept copies of, and all letters were sent by recorded delivery

[buzby]

Hope the enforcement on the debt works out. Keep us posted!