Vehicle ownership injunction issue
Discussion
Three years ago we purchased a vehicle from a reputable company. They said that they purchased it from an auction company in around 2006 but no longer needed it.
Just after moving the vehicle to our site, we received an injunction stating that the vehicle was purchased by a person in 2000 and he never gave permission for it to be sold and that we were forbidden to alter or sell the vehicle. Subsequent court hearings (delayed due to covid etc) have not been conclusive so we are still in limbo.
So can we ignore the Injunction - is it time limited? Can we charge the alleged owner rent/storage fees for the past three years if it really is not ours?
We have tried to engage with the "alleged" former owner, but he ignores any letters and e-mails that try to get the issue resolved and only rambles when telephoned....
We suspect that he never paid storage fees in the first place and that is why it was put up for auction...
Just after moving the vehicle to our site, we received an injunction stating that the vehicle was purchased by a person in 2000 and he never gave permission for it to be sold and that we were forbidden to alter or sell the vehicle. Subsequent court hearings (delayed due to covid etc) have not been conclusive so we are still in limbo.
So can we ignore the Injunction - is it time limited? Can we charge the alleged owner rent/storage fees for the past three years if it really is not ours?
We have tried to engage with the "alleged" former owner, but he ignores any letters and e-mails that try to get the issue resolved and only rambles when telephoned....
We suspect that he never paid storage fees in the first place and that is why it was put up for auction...
Whatever you do don't ignore an injunction, even if it is not addressed to you.
There are two types of injunction final and interim. This sounds like an interim injunction; that is it is an injunction to hold the position until the legal rights in the vehicle are ascertained.
A claimant who obtains an interim injunction is under a duty to get on with the court case in which they sought the injunction and get the rights in dispute sorted out. If they do not then the defendant subject to the injunction can make an application to the court to have the injunction discharged and the case stuck out as an abuse of court. An interim injunction usually incorporates a cross undertaking in damages, which means the claimant promises the court he/she/it will pay the person injuncted any damages they suffer if the injunction turns out to have been wrongly granted.
An interim injunction is not usually granted if damages are an adequate remedy. In most cases concerning wrongful sale of a car damages would be an adequate remedy.
There are two types of injunction final and interim. This sounds like an interim injunction; that is it is an injunction to hold the position until the legal rights in the vehicle are ascertained.
A claimant who obtains an interim injunction is under a duty to get on with the court case in which they sought the injunction and get the rights in dispute sorted out. If they do not then the defendant subject to the injunction can make an application to the court to have the injunction discharged and the case stuck out as an abuse of court. An interim injunction usually incorporates a cross undertaking in damages, which means the claimant promises the court he/she/it will pay the person injuncted any damages they suffer if the injunction turns out to have been wrongly granted.
An interim injunction is not usually granted if damages are an adequate remedy. In most cases concerning wrongful sale of a car damages would be an adequate remedy.
Thanks JensenHealey2
As it is three years now and no progress by the former owner, can we just write to the court to ask them to set the injunction aside? Incidentally, I was told that if a vehicle had been sold at auction then the ownership went with it automatically? If that was the case though, I presume the first court hearing would have highlighted that and thrown the injunction out?
As it is three years now and no progress by the former owner, can we just write to the court to ask them to set the injunction aside? Incidentally, I was told that if a vehicle had been sold at auction then the ownership went with it automatically? If that was the case though, I presume the first court hearing would have highlighted that and thrown the injunction out?
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