Refund, rebuy or debt? - a case with a second hand car trader

[balage]

Good afternoon,


I recently won a small claim court case through Money Claim Online against an auto trader who sold me a car with a fault. I claimed a full refund which has been paid through a cheque and I am ready to return the car (which was the subject of the dispute) to him. But he refuses to communicate to me since and does not come to collect the car despite my repeated attempts of e-mailing him in the last 4 weeks with possible time slots for the collection.


In the judgement the car or what to do with it has not been mentioned at all but the judgement sent out to the trader used the following text form: "pay the claimant X pounds for debt and Y pounds for costs." Actually my claim was unopposed: the trader did not respond to my claim nor defended so the judgement was straight forward and used the term "debt" to pay when I asked for a "refund" in my claim.


Could anyone please help me to understand what options I have with the car in this situation? - do I owe him the car? - if I do how much time does he have to collect the vehicle from me with all the paperwork done? - can he just "abandon" the car without any notice? - can I start another claim against him with the additional costs of the storage and/or dispatch of the car if he does not collect it in a certain time limit?
I'm still the registered keeper of the car having the V5C on my name. The car is SORN-ed because the fault makes it unroadworthy so I can not drive it to the trader's depo and it would not make sense anyway if the is not cooping in the return.


Thank you, best regards, Peter

[des8]

Re: Refund, rebuy or debt? - a case with a second hand car trader

Basically you are an "involuntary bailee"!!

You may dispose of the vehicle, but only after you have followed the procedures of "Torts (Interference with Goods) Act 197
You need to write (recorded delivery) telling the dealer where the car is, how long you will hold it before disposal (14 days?) and how to contact you.
If they don't contact you or collect the vehicle you can dispose of it

As an involuntary bailee disposing of the goods, you should attempt to obtain market value.
The easiest way of obtaining this is via a no reserve auction, and let it find its own value.
You could use either a terrestrial or online auction.
Your costs may be deducted from the proceeds, which you should retain in case the dealer comes looking!
Also of course you need to retain the records
However if it has value they can sue you for compensation .
So suggest, if they don't collect it, you auction it (online or British Car Auctions) and keep the proceeds for 6 years, just in case they pop up in the future.
If perchance it doesn't sell, scrap it as it obviously has no value.

[balage]

Re: Refund, rebuy or debt? - a case with a second hand car trader

Thank you for the help. That's the way I should go sending the letter out and then auction it on e-bay. As this already has been going on for more than a month now I have already proved my good will towards the trader so if he doesn't contact me he loses his opportunity because I can't provide the storage any more for the car.
Thank you again, Peter

[paulajayne]

Re: Refund, rebuy or debt? - a case with a second hand car trader

Being SORNed - Is it off the road?

Also if on your property - storage charges can be made.

[balage]

Re: Refund, rebuy or debt? - a case with a second hand car trader

Breaking news! After my 4th attempt to contact the trader by e-mail his brother turned up today and collected the car properly with all the paperwork done. Well, it's a happy ending and thanks to your help I could learn a few deeper bits and pieces from the law and legal procedures.
Thank you again!