WWW.MOUNTBATTENCARSALES.CO.UK/Close Brothers - Faulty car

[AndyOrch]

PRACTICE DIRECTION 51R – ONLINE CIVIL MONEY CLAIMS PILOT

WWW.JUSTICE.GOV.UK

 

[AndyOrch]

Forms part of your total claim so will be paid back if the claim is successful along with interest on the amount claimed.

[AndyOrch]

It can sometimes still remain a small claim if the costs differentiate and exceed the threshold.

[AndyOrch]

Once you have a default judgment vis a MCOL you have to transfer it out from MCOL to your local county court for enforcement purposes...County Court Bailiffs, for HCEO Bailiffs they will arrange this for you. 

 

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[AndyOrch]

No it shouldn't read it again......slowly 

[AndyOrch]

18 hours ago, Giraffegirl13 said:

I must be being very dense - how do I transfer it?

MCOL offer a warrant sent, do I do this?

 

 

If you are using HCEO you dont have to transfer it out.....the HCEO do it for you.

You only have to transfer it out if you are using County Court Bailiffs ...which I surmise your not.

[AndyOrch]

[AndyOrch]

Of course it does...a court case can't terminate an agreement ......the claim was against the car dealer who have been paid by Close Brothers to finance the car. 

 

You either VS the car to Close Bros or pay the balance outstanding...the court judgment is against the car dealer...not Close Bros.

[AndyOrch]

They want you to VS and they will sell the vehicle for its best price if there is an outstanding balance then you will be liable to settle it.

So you either VS or pay the total outstanding.

 

I thought the claim was against the dealer so apologies. 

[AndyOrch]

Have read of the following for how a VS can impact your credit rating.

 

The Impact of a Voluntary Vehicle Surrender - Experian

WWW.EXPERIAN.COM

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Voluntarily surrendering your vehicle may be slightly better than having it repossessed. Unfortunately, both will have a serious negative impact.

 

[AndyOrch]

Have they paid your judgment against them?  

 

A finance agreement has no connection to the court claim. Unless you requested it be voided within your particulars and the court has agreed and its stated within the judgment.

[AndyOrch]

Okay just looked the particulars of claim which simply request a refund of costs and repairs and refund of payments made on the finance agreement...you got a default judgment so in essence the claim was not tested or adjudged....simply rubber stamped.

 

They have paid the judgment...you have the car unroadworthy...you still have a finance agreement with a balance of £7K ?

To terminate the agreement, (release you from the agreement) you will have to VS the vehicle back to Close Bros...who will intern try to sell it and recoup as much as they can which I assume won't be much given its condition.

 

If they get 5K for it you in theory will still owe £2K... now it's you decision if you wish to ignore them or if they try to chase you for this balance

but I would hope common sense prevails and they write of the loss and then have a stiff word with the Car Dealer for selling dodgy cars and using Close Bros to finance said dodgy cars.

 

See if Bankfodder agrees but I note he said we will deal with the finance agreement later (IE after Judgment)