Can I go to the small claims court?

[pezza123]

On the 26th August I found out the car I bought in May 2022 had outstanding finance on it dating back to October 2021. I spoke to the seller who sold me the car who claimed it was paid offer in October 2021 and that it must have been a mistake by the finance company. I asked him for proof that it was paid off, he then blocked me. I then spoke to the finance company who told me that the car was actioned for repossession, I either had to return the car to them or pay the outstanding finance to keep the car. The act it was under was the bill of sales which means the guy who sold me the car had no right to sell me it and that they were the owners. In the end I had to pay off the outstanding finance of £870.

I have now sold the car to recoup my loss as I borrowed the money from my parents. A day after I settled it with the finance company the seller unblocked me claiming he had been in contact with the finance company and that they were being awkward about the car. He told me he was trying to sort out a payment plan with them. He was lying to me again as the finance was paid off by me.

I have the sellers address, mobile number and kept all the communication of when I bought the car in May and the recent correspondence with the seller. The finance company said they will support me as I will be looking to get the £870 from the seller. I have sent the seller a letter asking for the £870.

What are my chances of getting the money back if I go through the small claims court? And what do I need to do? Advice needed.

[atticus]

You may well get a judgement in your favour. Whether you will be able to collect on it is another matter: find out what you can about the seller and his/her ability to pay.