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Hi all my first post here, need some advice, the story is
My dad bought a Caravan in November 2010, locally from a local family, it was his first so he only spent £1800 and wanted to see if he liked it, after nine months and a number of trips he decided it was for him and then went looking almost new vans found one in a local very large dealer and PX his van in for £1600 against a £10,000 caravan.
all was good until about 2 weeks ago he gets a phone call to say from the dealer the van he px'd to them was stolen they only found out after selling it on on and the new keeper registering it with CRis (stolen caravan database) they stated it had been returned to the origonal keeper and they they are pursuing him for the £1600.
he agreed nothing at this point and told them he needs to look into it further, after speaking with the police he has confirm it has gone back and it was stolen 5 years before he bought it will a long list of owners since, he has spoken with the people he bought it from and they are basically in the same boat, had it a few years and know nothing of it.
he had never registered it with CRis, TBH he never knew it existed until he got his new van.
He has taken some advice from Citizens Advice and they have advised him NOT to pay, they believe as a professionals company they should have made all reasonable checks to ensure everything was in order, and checking the stolen caravan database they say would be classed as reasonable. they say no could would rule he has to pay based on this information
The people he bought it from are a local family but their is no chance of recovering money their as they just don't have it, lost job ect.
So i refused to pay, after a few calls back and forth they have now issues small claim court paperwork, he has now sort further advice from a solicitor (free half an hour with his union membership) and he had advised its not as clear as Citizens Advice have stated, Yes they should have checked the database but at the end of the day he owes the money, he was really willing to bet which way a court claim would go.
so we are in the 14 Day response part at the moment, Any advice,
Also what happens if he deputes it and looses at court, is it automatically a CCJ even if he pays ?
My dad bought a Caravan in November 2010, locally from a local family, it was his first so he only spent £1800 and wanted to see if he liked it, after nine months and a number of trips he decided it was for him and then went looking almost new vans found one in a local very large dealer and PX his van in for £1600 against a £10,000 caravan.
all was good until about 2 weeks ago he gets a phone call to say from the dealer the van he px'd to them was stolen they only found out after selling it on on and the new keeper registering it with CRis (stolen caravan database) they stated it had been returned to the origonal keeper and they they are pursuing him for the £1600.
he agreed nothing at this point and told them he needs to look into it further, after speaking with the police he has confirm it has gone back and it was stolen 5 years before he bought it will a long list of owners since, he has spoken with the people he bought it from and they are basically in the same boat, had it a few years and know nothing of it.
he had never registered it with CRis, TBH he never knew it existed until he got his new van.
He has taken some advice from Citizens Advice and they have advised him NOT to pay, they believe as a professionals company they should have made all reasonable checks to ensure everything was in order, and checking the stolen caravan database they say would be classed as reasonable. they say no could would rule he has to pay based on this information
The people he bought it from are a local family but their is no chance of recovering money their as they just don't have it, lost job ect.
So i refused to pay, after a few calls back and forth they have now issues small claim court paperwork, he has now sort further advice from a solicitor (free half an hour with his union membership) and he had advised its not as clear as Citizens Advice have stated, Yes they should have checked the database but at the end of the day he owes the money, he was really willing to bet which way a court claim would go.
so we are in the 14 Day response part at the moment, Any advice,
Also what happens if he deputes it and looses at court, is it automatically a CCJ even if he pays ?
