Money claim online help
Discussion
Somewhere on here there will be a thread about a Saab I was ripped off with. Anyway I entered a claim online for the car, road tax, insurance and transport. Defendant entered no defence, all I got was a hand written note saying he hadn't been in contact due to not having my phone number (it was on all my letters). I requested a judgement and it was issued yesterday. The next step is to request a warrant if he doesn't pay. There are somethings I'm not sure on and can't find in the MCOL help.
If he pays, what do I do with the car?
How long should I give him to pay? On the judgement I entered immediately.
The £100 for the warrant, should I get that back off the defendant?
If he pays, what do I do with the car?
How long should I give him to pay? On the judgement I entered immediately.
The £100 for the warrant, should I get that back off the defendant?
The car stopped working all together, so I claimed it was not fit for purpose. The turbo never put out any boost, then fuses started popping.
I claimed for the cost of the car, transportation, insurance and road tax. The defendant didn't submit a defense, so I won by default. I claimed about £1070 and the judgement was for the full amount.
Its quite simple to do as well. You enter your claim, pay the fee, that gets sent off to the defendant, its classed as served 5 days after its sent to them, they have another 14 days to enter a defense, after that 14 days you can request a judgement. Presumably if they enter a defense it then goes to court. I'm already planning my next claim, my ex-tenant who took the carpets and trashed the house, but thats a whole new bog full of s
t I have to deal with (literally). With all this and my crash in March, this year has been awful.
I claimed for the cost of the car, transportation, insurance and road tax. The defendant didn't submit a defense, so I won by default. I claimed about £1070 and the judgement was for the full amount.
Its quite simple to do as well. You enter your claim, pay the fee, that gets sent off to the defendant, its classed as served 5 days after its sent to them, they have another 14 days to enter a defense, after that 14 days you can request a judgement. Presumably if they enter a defense it then goes to court. I'm already planning my next claim, my ex-tenant who took the carpets and trashed the house, but thats a whole new bog full of s
t I have to deal with (literally). With all this and my crash in March, this year has been awful.I don't see why I didn't have a claim with the car. I thought I may be pushing my luck with the transport cost, insurance and road tax though, but I was out of pocket with them. I bought a car listed as mint condition from a dealer, when I received the car I found it not to be the model listed and informed the dealer. I then found the turbo produced no boost. It was dangerous to drive, because under acceleration the engine would just die, so I stopped driving it and contacted the dealer a second time. Next time I come to move the car it wouldn't turn over and kept blowing fuses. The dealer never replied to me, I contacted trading standards, they forwarded me on to CAB and I took the advice given to me.
An update and a question...
I issued a warrant through the MCOL website last week, so the bailiffs will now give them 7 days to pay or pay them a visit to collect.
What I'm not sure on and what I couldn't get an answer from the MCOL website was what happens to the car. I sent a letter saying they had 5 days to pay and remove car or I would apply for the warrant and dispose of the car. That was 10 days ago, so if I scrap the car does the garage have a claim to the car if they eventually pay the judgement?
i.e., If I scrap the car now can it come back and bite me on the bum (not the car, the decision to scrap it)?
I issued a warrant through the MCOL website last week, so the bailiffs will now give them 7 days to pay or pay them a visit to collect.
What I'm not sure on and what I couldn't get an answer from the MCOL website was what happens to the car. I sent a letter saying they had 5 days to pay and remove car or I would apply for the warrant and dispose of the car. That was 10 days ago, so if I scrap the car does the garage have a claim to the car if they eventually pay the judgement?
i.e., If I scrap the car now can it come back and bite me on the bum (not the car, the decision to scrap it)?
Its the only option on the MCOL web site. Presumably if the warrant isn't paid this time and I still believe the company can pay, I can apply for another warrant at the high court.
I want the car gone, its in the way and I need my NCB for another car. The reply I got from MCOL was what I do with the car is up to me, they are only dealing with the money. Which wasn't helpful.
I want the car gone, its in the way and I need my NCB for another car. The reply I got from MCOL was what I do with the car is up to me, they are only dealing with the money. Which wasn't helpful.
If a judgement via MCOL is a CCJ, which I believe it is, then a Sheriff cannot be used to seize goods under a CCJ. So I Googled how to transfer the judgement to the high court and found this useful page http://thesheriffsoffice.com/articles/high-court-e.... So, I know for next time. For now I'll leave it in the hands of the county court bailiffs and hope I get a jobs-worth.
My main question still has not been answered. Can I scrap the car today? If the car dealer pays up in full, do they have any rights to the car? 12 days ago I sent a letter by recorded delivery stating if they didn't pay and remove the car within 5 days I'd dispose of it and request a warrant. They received that letter 11 days ago.
My main question still has not been answered. Can I scrap the car today? If the car dealer pays up in full, do they have any rights to the car? 12 days ago I sent a letter by recorded delivery stating if they didn't pay and remove the car within 5 days I'd dispose of it and request a warrant. They received that letter 11 days ago.
Red Devil said:
Quite a lot of HCEO work involves dodgy motor dealers/traders.
OP: watch this - http://www.bbc.co.uk/iplayer/episode/b04dwknj/the-...
(You'll need to do so within the next 2 days before it is no longer available to view).
I'd seen that episode the other night. The security guard at the university was amusing and the mechanics not helping the boss at the engine centre. OP: watch this - http://www.bbc.co.uk/iplayer/episode/b04dwknj/the-...
(You'll need to do so within the next 2 days before it is no longer available to view).
Tyre Tread said:
As for the car, it belongs to the garage as you have rejected it. It could be sold to pay some of your debt so why not tell the county court bailiff that its there and let them take it to sell?
The balance you can pursue as normal.
Thats what I wanted to know. I'll try and find the bailiffs contact details and let them know tomorrow. The balance you can pursue as normal.
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