CCJ and depreciation of motor vehicle

[Ashley Hyne]

Simply put

1. Vehicle purchased from dealer in April 2011.

2. Car sold for £3800.

3. Various problems with the car in April and June 2011. Conversation between Claimant and Defendant in June 2011 was that the Claimant was happy to keep the car. The Defendant argues that the repairs made good the car and monies were spent by both parties to do so. However, since that time the Defendant has not seen the car so does not know what condition the car was in.

4. In August 2011 the Claimant sent a letter to the Defendant providing: 'I now reject the goods and request a full refund of the £3,800'.

However, car was (as I say, never returned) and the Defendant has not been able to carry out a full inspection as the present condition of the car.

CCJ was put against the Defendant in this matter in September of this year.

Question: clearly, the value of the car has depreciated. Defendant wants to know (a) whether the depreciation can be offset against the original value of the car; (b) whether the Claimant can seek monies spent after sending the August 2011 letter.

I would like to know the chapter and verse of the legislation that covers the issue of the depreciation of motor vehicles and CCJ's (if possible).

With thanks,

Ashley

[Amethyst]

Re: CCJ and decreciation of motor vehicle

First question: Does the defendant (the dealer) now have the car back in his possession ?
Second question: When you say a ''CCJ was put against the Defendant'' do you mean the clamaint obtained judgment in his favour (by default or after defence ??) or has issued a claim form and is currently going through the courts system. If it is a judgment we need to know what the judgment was.

Just so I know where we are at

[Ashley Hyne]

Re: CCJ and decreciation of motor vehicle

Amethyst, thanks for this.

1. The Defendant does not have the car back in his possession.
2. Yes, the Claimant obtained judgment in his favour but the judgment has since been set aside.

[Amethyst]

Re: CCJ and depreciation of motor vehicle

Was the judgment by default then ?

Its really tough to help without the information, I presume the claimant based their claim on the sale of goods act ?

If you can post the POC of the original claim, the set aside application, was there a set aside hearing? and intended defence ? (obviously remove identifying information)

There isn't, as far as I am aware, any specific legislation regarding depreciation of motor vehicles other than in HMRC terms, the Financial Ombudsman use Parkers guide for settling insurance claims issues, but I can't see why that would be needed as it doesn't sound as though the defendant owes the claimant anything so would be irrelevant.

Did the defendant respond to the August 2011 letter from the claimant ?

Does the claimant still have the car ? (I know the defendant doesn't have it)

[Ashley Hyne]

Re: CCJ and depreciation of motor vehicle

1. The judgment was not by default.

2. Certainly the August 2011 letter was based on the Sale of Goods Act, yes, and that did form the basis of the claim.

3. I can get the set aside application over to you; there hasn't been a set aside hearing.

The application to set aside was founded on another matter; that being that in the Judgment the Judge determined:

2. Upon payment of the Judgment Debt the Defendant shall make arrangements to collect the car from the Claimant.

However, the Claimant interpreted this to mean that he would not release the car until the monies had been paid into his account. The defendant sought to have the matter set aside in order that this clause be clarified for both parties. At the set aside hearing, the defendant is going to make a verbal application to challenge the calculation of the judgment debt (although this has not been the subject of any correspondence to the Court).

3. There is nothing in writing to say that the Defendant responded to 'the Sale of Goods letter'.

4. The defendant assumes the Claimant still has the car.

[Amethyst]

Re: CCJ and depreciation of motor vehicle

Okay thank you Ashley, that's much clearer

2. Upon payment of the Judgment Debt the Defendant shall make arrangements to collect the car from the Claimant.

I think I'd interpret that in the same way as the claimant to be fair, and I agree with the defendant getting that set aside and clarified - has there been ANY evidence presented to the court to show the Claimant still has the car, the condition of it etc ? Has this been asked for in the set aside documents, or at previous hearings ?

[Ashley Hyne]

Re: CCJ and depreciation of motor vehicle

Amethyst

Thanks for this; no there is no evidence presented so far that the Claimant has the car. It was asked for in the set aside application. Referring to the first enquiry. Could the defendant ask that the judge take into account the depreciation of the cost of the vehicle from date of sale in seeking to determine this matter or does it follow that judgment remains the value of the goods upon purchase?

With regards,

[Amethyst]

Re: CCJ and depreciation of motor vehicle

Amethyst

Thanks for this; no there is no evidence presented so far that the Claimant has the car. It was asked for in the set aside application. Referring to the first enquiry. Could the defendant ask that the judge take into account the depreciation of the cost of the vehicle from date of sale in seeking to determine this matter or does it follow that judgment remains the value of the goods upon purchase?

With regards,

It would follow the judgment gives the claimant a refund of monies paid - without knowing the arguments used it is very hard to say - but if sale of goods act - goods unfit for purpose ? then it is a refund, most likely plus statutory interest and costs. We don't know who's the fault is that the car was not returned in August 2011 when it was rejected by the claimant, we have seen many stories from the other side of the fence where dealers refuse to take back vehicles despite proven faults with the cars that would have been present at the time of sale.

[Ashley Hyne]

Re: CCJ and depreciation of motor vehicle

Amethyst,

many thanks for this.

[Amethyst]

Re: CCJ and depreciation of motor vehicle

No worries, I know it isn't what you were looking but I hope it helps.

Get your defendant to read about the SOGA - http://sogahub.tradingstandards.gov.uk/ is a nice user friendly way of getting to grips with the legislation.

I am a little concerned he may be facing more costs by putting in the set aside application but as I don't have the facts I can't really comment much more on the case.