County Court victory, next steps?
Discussion
Hi all. My mum just won a county court judgement against a vehicle dealer for costs. She got the letter today dated 17/2. The dealer didn't comply with whatever bits he needed to do so my mum won by default. My question now is, what are the next steps? The letter advises she may apply in writing for the amount claimed and needs to give a statement of fact. I'm utterly clueless when it comes to the law. How would we go about getting this in writing, and providing that statement of fact? The letter says we can do it but not how.
Afterwards, how do we go about actually getting the money? I'm assuming the seller isn't going to willingly hand over the money because he's been nothing short of an arse since the sale of the dodgy car (1.4 Turbo Meriva for anyone wondering). Do we have to give him any time limit before sending bailiffs in?
Lastly, what happens to the car? It's been sat for months now. It's in the failed state (and what a state). Does he have to recover it himself, do we keep it and flog it? It's not clear tbh. As part of the costs, my mum has requested the purchase price of the car back so we're assuming it goes back to him.
Thanks all.
Afterwards, how do we go about actually getting the money? I'm assuming the seller isn't going to willingly hand over the money because he's been nothing short of an arse since the sale of the dodgy car (1.4 Turbo Meriva for anyone wondering). Do we have to give him any time limit before sending bailiffs in?
Lastly, what happens to the car? It's been sat for months now. It's in the failed state (and what a state). Does he have to recover it himself, do we keep it and flog it? It's not clear tbh. As part of the costs, my mum has requested the purchase price of the car back so we're assuming it goes back to him.
Thanks all.
RazerSauber said:
Hi all. My mum just won a county court judgement against a vehicle dealer for costs. She got the letter today dated 17/2. The dealer didn't comply with whatever bits he needed to do so my mum won by default. My question now is, what are the next steps? The letter advises she may apply in writing for the amount claimed and needs to give a statement of fact. I'm utterly clueless when it comes to the law. How would we go about getting this in writing, and providing that statement of fact? The letter says we can do it but not how.
Afterwards, how do we go about actually getting the money? I'm assuming the seller isn't going to willingly hand over the money because he's been nothing short of an arse since the sale of the dodgy car (1.4 Turbo Meriva for anyone wondering). Do we have to give him any time limit before sending bailiffs in?
Lastly, what happens to the car? It's been sat for months now. It's in the failed state (and what a state). Does he have to recover it himself, do we keep it and flog it? It's not clear tbh. As part of the costs, my mum has requested the purchase price of the car back so we're assuming it goes back to him.
Thanks all.
1) Congratulations!Afterwards, how do we go about actually getting the money? I'm assuming the seller isn't going to willingly hand over the money because he's been nothing short of an arse since the sale of the dodgy car (1.4 Turbo Meriva for anyone wondering). Do we have to give him any time limit before sending bailiffs in?
Lastly, what happens to the car? It's been sat for months now. It's in the failed state (and what a state). Does he have to recover it himself, do we keep it and flog it? It's not clear tbh. As part of the costs, my mum has requested the purchase price of the car back so we're assuming it goes back to him.
Thanks all.
2) Process is still important so I would follow what it says in the letter.
3) If he wants the CCJ to be cancelled he will pay. If he doesn't care he won't. If he's awkward he will appeal to have the judgment set aside.
4) Assuming he ignores you, I would give it a month or two then take the case to a High Court Bailiff because they are actually rather good at extracting money from people who don't want to pay.
5) As for the car, I guess that when/if he pays it will be his, so give him a reasonable time to collect it. You could put that in your letter.
'As part of the costs, my mum has requested the purchase price of the car back so we're assuming it goes back to him.'
Were the costs included in the judgement? Costs don't usually include whole cars!
Edited by Simpo Two on Friday 21st February 12:06
What does the judgement actually say? Was she awarded full costs that she claimed, was that the car value?
Normally the CCJ is issued and the Defendant has 30 days to pay the judgement and or have it set aside.
If they don't pay then your will need to pay an enforcement company and that could be fun and games as they will attend he may not pay and then they have to seize stuff, auction it and get the money.
...If the dealer is a small outfit and doesn't like paying out they can fold the business, assuming its a business judgement not on the individual.
Normally the CCJ is issued and the Defendant has 30 days to pay the judgement and or have it set aside.
If they don't pay then your will need to pay an enforcement company and that could be fun and games as they will attend he may not pay and then they have to seize stuff, auction it and get the money.
...If the dealer is a small outfit and doesn't like paying out they can fold the business, assuming its a business judgement not on the individual.
Edited by James.Pond on Friday 21st February 10:13
Sorry for the delay all. My mum went into hospital on Sunday so everything's a bit up in the air (nothing serious though).
The letter says:
"Before District Judge [Forename] [Surname] sitting at the County Court [Location].
Upon the defendant having failed to comply with the order dated [date] and accordingly the defendant's state of case having been struck out, and upon it being noted for a specified amount:-
It is ordered that
The defence having been struck out, the hearing of the [date] is vacated and neither party is required to attend (Exceptionally helpful given hospital attendance above).
The claimant may apply in writing for judgement for the amount claimed, plus interest, if it is pleaded, and costs.
The application for judgement must be verified by a statement of truth. ("I believe that the facts stated in this application for judgement are true.")
Nothing on the back, just that. The amount claimed for after the 8% daily interest we can apparently apply is somewhere in the region of £2000. That's to cover the cost of the car being returned (we rejected it following the 3rd failure it had within 30 days. The seller was an arse and dared us to go through court, so we did), plus a number of repairs required when we bought it, the court costs etc. A few small bits were required like wipers and bulbs but a battery and coil pack weren't on the cards. For how cheap they were, we just bought them because it would've been more of a faff to get the car back to him and he wasn't exactly thrilled to have us contacting him with a dodgy car. This doesn't include the outstanding repairs such as the entire NSR suspension and brake system that catastrophically failed while on the move. We've been waiting on the outcome of this case before we went ahead with repairs, or just sent the car back to him as it is.
For all repairs, we did offer the seller the chance to repair it but we got little more than snotty messages or vague answers in reply. When the catastrophic brake problem happened (caliper bolts fell out, caliper spun, absolute carnage) we got told again he won't do anything about it because it's wear and tear (no it isn't..). We told him then we were rejecting the car and we got told to take him to court.
The letter says:
"Before District Judge [Forename] [Surname] sitting at the County Court [Location].
Upon the defendant having failed to comply with the order dated [date] and accordingly the defendant's state of case having been struck out, and upon it being noted for a specified amount:-
It is ordered that
The defence having been struck out, the hearing of the [date] is vacated and neither party is required to attend (Exceptionally helpful given hospital attendance above).
The claimant may apply in writing for judgement for the amount claimed, plus interest, if it is pleaded, and costs.
The application for judgement must be verified by a statement of truth. ("I believe that the facts stated in this application for judgement are true.")
Nothing on the back, just that. The amount claimed for after the 8% daily interest we can apparently apply is somewhere in the region of £2000. That's to cover the cost of the car being returned (we rejected it following the 3rd failure it had within 30 days. The seller was an arse and dared us to go through court, so we did), plus a number of repairs required when we bought it, the court costs etc. A few small bits were required like wipers and bulbs but a battery and coil pack weren't on the cards. For how cheap they were, we just bought them because it would've been more of a faff to get the car back to him and he wasn't exactly thrilled to have us contacting him with a dodgy car. This doesn't include the outstanding repairs such as the entire NSR suspension and brake system that catastrophically failed while on the move. We've been waiting on the outcome of this case before we went ahead with repairs, or just sent the car back to him as it is.
For all repairs, we did offer the seller the chance to repair it but we got little more than snotty messages or vague answers in reply. When the catastrophic brake problem happened (caliper bolts fell out, caliper spun, absolute carnage) we got told again he won't do anything about it because it's wear and tear (no it isn't..). We told him then we were rejecting the car and we got told to take him to court.
Pro Bono said:
RazerSauber said:
Hi all. My mum just won a county court judgement against a vehicle dealer for costs.
2. Is the judgment against a person or a company?
The answers will help us provide the best advice on how the judgment can be enforced.
"I believe that the facts stated in this application for judgement are true."
If those are your words why not be more definite and say "The facts stated in this application for judgement are true"?
I suspect the defendant is counting on the fact you won't bother to enforce the judgement. That's where you win by making sure that it is.
If those are your words why not be more definite and say "The facts stated in this application for judgement are true"?
I suspect the defendant is counting on the fact you won't bother to enforce the judgement. That's where you win by making sure that it is.
Pro Bono said:
Pro Bono said:
RazerSauber said:
Hi all. My mum just won a county court judgement against a vehicle dealer for costs.
2. Is the judgment against a person or a company?
The answers will help us provide the best advice on how the judgment can be enforced.
Simpo Two said:
"I believe that the facts stated in this application for judgement are true."
If those are your words why not be more definite and say "The facts stated in this application for judgement are true"?
I suspect the defendant is counting on the fact you won't bother to enforce the judgement. That's where you win by making sure that it is.
They're the words written on the letter, not my own If those are your words why not be more definite and say "The facts stated in this application for judgement are true"?
I suspect the defendant is counting on the fact you won't bother to enforce the judgement. That's where you win by making sure that it is.
This sounds like it could get complicated - if I am understanding it right.
So, you (your mum) bought a car for around 2k... it had several issues and you rejected it.
It is still with you, not back at the dealers.
You then claimed its whole value through MCOL, which you won by default.
At this point you 'owe' the dealer the car, and they 'owe' you the 2k
Lets say the car is worth 1k5 in its present state, that means you are 500 down on the deal.
If the car goes back, you will be 2k down until he pays (which he may well not do).
So, you need your 2k BEFORE the only security you have - the car - goes back?
I am assuming it is the type of dealer who won't have the 2k to give you.
If you enforce it via bailifs, they may well take 'his' car and sell it for a couple of hundred - which would then go to you.
'Winning' at Court is only the first part of the problem.
Is there a way of accepting the car as say £500 of part payment of the debt and trying to collect the balance?
You then repair using the balance of the claim - leaving you up on the deal.
So, you (your mum) bought a car for around 2k... it had several issues and you rejected it.
It is still with you, not back at the dealers.
You then claimed its whole value through MCOL, which you won by default.
At this point you 'owe' the dealer the car, and they 'owe' you the 2k
Lets say the car is worth 1k5 in its present state, that means you are 500 down on the deal.
If the car goes back, you will be 2k down until he pays (which he may well not do).
So, you need your 2k BEFORE the only security you have - the car - goes back?
I am assuming it is the type of dealer who won't have the 2k to give you.
If you enforce it via bailifs, they may well take 'his' car and sell it for a couple of hundred - which would then go to you.
'Winning' at Court is only the first part of the problem.
Is there a way of accepting the car as say £500 of part payment of the debt and trying to collect the balance?
You then repair using the balance of the claim - leaving you up on the deal.
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