Car being sold that I own

[Squirmy]

Sorry to add the current holder of the car is still actively trying to sell it having reduced the price by £1000

[des8]

So now has come the time to apply to the courts for an order returning your vehicle to you.

You need to complete form N16A (https://assets.publishing.service.go...8/n16a-eng.pdf)
You will need to write a witness statement (which is your evidence) and swear it before a solicitor (charge about £10)

[Squirmy]

Many thanks des8

This is my first draft of witness statement, each statement is numbered (sometimes this gets lost when I post on here). Too much? Too little? Should I add about contacting trading standards etc? Sorry for all the questions!


[my name,
Address
Date]

Affidavit of [my full name]

I, [my full name], hereby swear as follows.

1. In November 2012 I purchased a [make, model, year of car] registration [car reg] from a [previous owner] for a sum of approximately £x
2. The [car] is a rare car with only around 500 ever being sold in the UK
3. At this time of the purchase I lived at the address of [my address] also known as [other name my address is known as].
4. I continue to live at the address in (3) and have done so continuously since July 1999.
5. This was not my main car.
6. In October 2013 I presented the car to [garage] to carry out MOT work and carry out a service.
7. [Garage] was a specialist [car brand] garage run by two individuals; a [individual #1] and a [individual #2].
8. In November 2013 I had further reason to present the car to [garage] to perform some additional repairs.
9. In, or around, April 2014 I had further reason to present the car to [garage] to investigate an issue with the engine (the car was driveable).
10. In, or around, April 2014 [garage] quoted me a price of approximately £1,500.00 to make the necessary repairs.
11. It was agreed to consider the quote.
12. During this time I was suffering from undiagnosed mental health issues and started to lose control of my affairs.
13. I did not renew contact with the garage to discuss the quote or next steps
14. The garage made no contact with myself either by telephone or post.
15. I had presumed the car had been broken for parts having never received any SORN reminders from the DVLA.
16. I received professional help for my mental health in 2017 and continue to do so
17. In or around summer 2020 I went to locate [garage] to discuss what had happened to the car, however they were no longer trading.
18. In March 2021 I saw a car for sale on eBay and recognised the number plate as that of the car in (1) by [current holder] (the current holder of the car).
19. The car has not been MOT’d since I last MOT’d the car in [6] with [garage].
20. The mileage of the car is consistent with it having not been driven since [9]
21. On the 16^th March 2021 I contacted the DVLA who confirmed I was still the recorded keeper of the car. I further advised the DVLA I would not consent to a change of registered keeper.
22. On the 16^th March 2021 I contacted the current holder of the car to explain that it was my car.
23. On the 16^th March 2021 the holder refuted my claims of legal title to the car.
24. On the 18^th March 2021 a “third party” who provided no contact information offered to act as a mediator.
25. During the call of [24] I offered to pay reasonable costs for any work carried out, such costs were to be documented and proven. Additionally, I agreed to reasonable storage costs considering the non-professional nature of storage. Such offer was made to resolve this matter amicably and to prevent any legal action.
26. The “third party” agreed to contact me with proposals. To date no contact has been made.
27. After receiving legal advice on the 2^nd April 2021 I wrote to the current holder, [current holder business name, named owner], to the address provided in [18] to state my title to the car and demand it’s return forthwith.
28. The current holder was given 14 calendar days from receipt of the letter [25] to comply or face further legal action. This letter was received by recorded/signed for mail on 7^th April 2021. To date the holder has not responded to this letter.
29. On, or around, the 13^th April 2021 I received a letter from the DVLA informing me that they have received an application to record someone else as the registered keeper.
30. I telephoned the DVLA on the 13^th April 2021 to advise I did not consent to this application. The DVLA informed me that, without a crime reference number and the car being recorded as stolen, they would issue a replacement V5C in the requested new keepers names
31. On, or around, the 13^th April 2021 the car was recorded as stolen, crime reference [crime reference number].
32. On, or around, the 13^th April 2021 I contacted the DVLA to advise them of [31] and the application for a new registered keeper was deleted.

I swear under penalty of perjury that the information I have provided is true and accurate to the best of my knowledge, information and belief.

[des8]

Re points6, 7, 8, 9, 10 I would be inclined to state the car had been serviced on a number of previous occasions by xyz and during April 2014 they quoted me a price of approximately £1,500.00 to implement repairs to the engine.

Points 11, 12, 13, 14, 15, 16 need to be reworked without reference to the state of your mental health.
If they employ a solicitor this will be seized upon and used to suggest you have forgotten or mixed up what was agreed

Just jump to
It was not until mid 2020 that I realised XYZ, who had made no attempt to contact me, were no longer trading

I would delete point 25 as it came to nothing

Point 27 delete "lAfter receiving legal advice"

The wording of the verification should be:
"I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth."

This is your WS, so make it your own as you might be questioned on it. Don't follow slavishly what idiots like me might suggest!

[Squirmy]

Many thanks for feedback. I've reworded as below. I wasn't sure about leaving point 10 in there (opinions welcome) and I left, albeit reworded, point 19 (previously point 25) but only because I wanted to demonstrate to the judge I had tried to resolve this on at least 2 occasions prior to issuing this injunction. Having watched legally blonde I know the law is reason free from passion so if it adds nothing to the actual case before them, I will remove it; I guess we are only trying to demonstrate that the car is mine and what I did to attempt to resolve it is secondary to the issue at hand, thus irrelevant? and if I remove point 19 should I also remove 18 and 20? thoughts etc very welcome


[my name,
Address
date]

Affidavit of [my full name]

I, [my full name], hereby swear as follows.

1. In November 2012 I purchased a [make, model, year] registration [reg number] from a [previous owner and address] for a sum of approximately £x.
2. The [car] is a rare car with only around 500 ever being sold in the UK
3. At this time of the purchase I lived at the address of [my full address] also known as [other name my address is known as]
4. I continue to live at the address in (3) and have done so continuously since July 1999.
5. This was not my main car.
6. The car had previously been MOT’d, serviced, and repaired on a various occasions by [garage who originally held car] during my ownership and in, or around, April 2014 I drove the car to the garage and was quoted approximately £1,500 to carry out engine repairs.
7. [garage] was a specialist [car brand] garage run by two individuals; [individual #1] and a [individual #2]
8. It was agreed I would consider the quote.
9. Neither I, nor the [garage], renewed contact with each other to discuss the quote or next steps.
10. Over time I had presumed the car had been broken for parts having never received any SORN reminders from the DVLA.
11. It was not until mid-2020, that I realised [garage] had not made any contact as to the car, and in an attempt to visit [garage] I discovered they were no longer trading.
12. In March 2021 I saw a car for sale on eBay and recognised the number plate as that of the car in [1] by [business name and address of holder] (the current holder of the car).
13. The car has not been MOT’d since I last MOT’d the car in [6] with [garage].
14. The mileage of the car is consistent with it having not been driven since [6]
15. On the 16^th March 2021 I contacted the DVLA who confirmed I was still the recorded keeper of the car. I further advised the DVLA I would not consent to a change of registered keeper.
16. On the 16^th March 2021 I contacted the current holder of the car to make representation that it was my car.
17. On the 16^th March 2021 the holder refuted my claims of legal title to the car.
18. On the 18^th March 2021 a “third party” who provided no contact information offered to act as a mediator.
19. During the call of [18] I offered to pay reasonable costs, such costs were to be documented and proven. Such offer was made to resolve this matter amicably and to prevent any legal action.
20. The “third party” agreed to contact me with proposals. To date no contact has been made.
21. On the 2^nd April 2021 I wrote to the current holder, a [owner of garage holding car] (owner of [garage holding car]), to the business address provided in [12] to state my title to the car and demand it’s return forthwith.
22. The current holder was given 14 calendar days from receipt of the letter [21] to comply or face further legal action. This letter was received by recorded/signed for mail on 7^th April 2021. To date the holder has not responded to this letter.
23. On, or around, the 13^th April 2021 I received a letter from the DVLA informing me that they have received an application to record someone else as the registered keeper.
24. I telephoned the DVLA on the 13^th April 2021 to advise I did not consent to this application. The DVLA informed me that, without a crime reference number and the car being recorded as stolen, they would issue a replacement V5C in the requested new keepers names
25. On, or around, the 13^th April 2021 the car was recorded as stolen by, crime reference [crime reference number].
26. On, or around, the 13^th April 2021 I contacted the DVLA to advise them of [25] and the application for a new registered keeper was deleted.

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[des8]

I would delete 7,8,9,10 and amend 11 to read "As the garage had not contacted me, mid 2020 I attempted to contact them and discovered they had closed and were no longer trading"

Paras 18,19, 20 amend to read "on 18^th March 2021 I agreed to mediation which has not been forthcoming"

[Squirmy]

Many thanks for guidance, very much appreciated. Updated as below:


[my name,
Address
And date of affidavit]

Affidavit of [my full name]

I, [my full name], hereby swear as follows.

1. In November 2012 I purchased a [year, make, model of car] registration [car reg] from a [previous owner] for a sum of approximately £x.
2. The [car] is a rare car with only around 500 ever being sold in the UK
3. At this time of the purchase I lived at the address of [my full address] also known as [other name my address is known as].
4. I continue to live at the address in (3) and have done so continuously since July 1999.
5. This was not my main car.
6. The car had previously been MOT’d, serviced, and repaired on a various occasions by [garage] during my ownership and in, or around, April 2014 I drove the car to the garage and was quoted approximately £1,500 to carry out engine repairs.
7. As [garage] had not contacted me, mid-2020, I attempted to contact them and discovered they were no longer trading.
8. In March 2021 I saw a car for sale on eBay and recognised the number plate as that of the car in (1) by [current holder of car] (the current holder of the car).
9. The car has not been MOT’d since I last MOT’d the car in (6) with [garage].
10. The mileage of the car is consistent with it having not been driven since (6)
11. On the 16^th March 2021 I contacted the DVLA who confirmed I was still the recorded keeper of the car. I further advised the DVLA I would not consent to a change of registered keeper.
12. On the 16^th March 2021 I contacted the current holder of the car to make representation that it was my car.
13. On the 16^th March 2021 the holder refuted my claims of legal title to the car.
14. On the 18^th March 2021 I agreed to mediation which has not been forthcoming
15. On the 2^nd April 2021 I wrote to the current holder, a Mr x (owner of [current holder]), to the business address provided in (8) to state my title to the car and demand it’s return forthwith.
16. The current holder was given 14 calendar days from receipt of the letter (15) to comply or face further legal action. This letter was received by recorded/signed for mail on 7^th April 2021. To date the holder has not responded to this letter.
17. On, or around, the 13^th April 2021 I received a letter from the DVLA informing me that they have received an application to record someone else as the registered keeper.
18. I telephoned the DVLA on the 13^th April 2021 to advise I did not consent to this application. The DVLA informed me that, without a crime reference number and the car being recorded as stolen, they would issue a replacement V5C in the requested new keepers names
19. On, or around, the 13^th April 2021 the car was recorded as stolen by, crime reference [crime reference number].
20. On, or around, the 13^th April 2021 I contacted the DVLA to advise them of (19) and the application for a new registered keeper was deleted.

I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

[Squirmy]

Apologies des8 for being so needy but I'm a little unsure about how to fill out form N16A, any advise etc would be very welcome.

[Squirmy]

des8 It occured to me it might be better if I asked my specific questions rather than just a general help me (sorry!):

At the start I have 3 options:
By application in pending proceedings
Under Statutory provision ______________________
This application is made under Part 8 of the Civil Procedure Rules

Which one(s) do I tick and if statutory provision which one?

Obviously it is not under the HRA

The claimant. My full name
The defendant. Named owner of garage and garage name? Or just the garage name?
Must. Return goods, namely a [make, model of car] car registration [car registration], to their rightful and lawful owner (the claimant)

In the section "The defendant .... be forbidden" I didn't know if I should put "sell, damage or otherwise" (or words to that effect) or just leave this blank?

The grounds for this application are set out in [my name] sworn statement

This application is to be served upon : named owner of garage, garage name and address

This application is filed by [my solicitor]

Thanks for all your help!!!!!

[des8]

des8 It occured to me it might be better if I asked my specific questions rather than just a general help me (sorry!):

At the start I have 3 options:
By application in pending proceedings
Under Statutory provision ______________________
This application is made under Part 8 of the Civil Procedure Rules
Part

Which one(s) do I tick and if statutory provision which one? Part 8

Obviously it is not under the HRA

The claimant. My full name
The defendant. Named owner of garage and garage name? Or just the garage name? Owner only if it is not a limited company
Must. Return goods, namely a [make, model of car] car registration [car registration], to their rightful and lawful owner (the claimant)
deliver to the claimant vehicle make/model/reg no forthwith.
The Defendant do pay the Claimant's cost of this application forthwith

In the section "The defendant .... be forbidden" I didn't know if I should put "sell, damage or otherwise" (or words to that effect) or just leave this blank? to dispose of said vehicle otherwise

The grounds for this application are set out in [my name] sworn statement

This application is to be served upon : named owner of garage, garage name and address name & address of owner

This application is filed by [my solicitor]see below

Thanks for all your help!!!!!

answers in red above

Do you intend to use a solicitor?
There is no reason not to do it yourself, as if you have a solicitor represent you in court it will cost in excess of £1000.

[Squirmy]

Thank you des8 ! You are a legend! I'm more than happy to use a solicitor but I cannot find one yet! You won't believe the number I have called trying to get help. So it may end up I have to do it myself.

Was my final version of the affidavit ok?

[des8]

seems oK to me

[Sirius1001]

https://legalbeagles.info/forums/for...on#post1605039

Can anyone help me with this? It is slightly confusing how I wrote it but I'm unable to edit posts.

[ostell]

Don't try to hijack other threads. It's bad manners.

[Ukmicky]

If you haven’t already you need to in writing inform the garage that the vehicle is recorded as stolen with the police and DVLA and should they sell the vehicle they will be committing fraud .