Sold Stolen Vehicle - How Long Do I have to Claim Please?

[merlin]

Hi all,

Way back in 1999 I purchased a vehicle through Auto Trader magazine from a local private/dealer/trader. All seemed ok and I had an online vehicle check.

However after six months ownership the police called to say that the vehicle was stolen and that I had to give it up. I took the dealer to court who was ordered to pay me the money back. He didn't. We went back to court and he was told he must pay back £100.00 per month. I was paid for two months with bounced cheques, then nothing.

The amount owed is around £7,000.00. Does anyone know if there is a time limit on the amount of time that I can try and recover my money?

All the very best

merlin

[Amy]

Re: Sold Stolen Vehicle - How Long Do I have to Claim Please?

I don't believe there is.

[Guest]

Re: Sold Stolen Vehicle - How Long Do I have to Claim Please?

Why have you waited ten years?

[merlin]

Re: Sold Stolen Vehicle - How Long Do I have to Claim Please?

Thanks for the replies. The reason for the 10 year delay is as follows:

I went to court, it was agreed that the sum of £100.00 would be paid per month. This was defaulted and the defendant did not pay. I then went to the court Bailiff on advice and had to pay £90 myself per visit. The Bailiff reported back that the defendant did not have any money or nothing to sell. I know this was incorrect because he was taking frequent holidays abroad and had several vehicles including a Range Rover. Family and career then got in the way until now when I have been forced to retire due to ill health. So I was going to make enquiries to find out if I was 'still in time to pursue this matter'. It still wrangles with me and also why the police could take no action.

[Guest]

Re: Sold Stolen Vehicle - How Long Do I have to Claim Please?

You will need permission from a court in order to attempt to enforce a warrant that is over six years old. Permission to issue certain warrants is covered by CPR Schedule 2 CCR Order 26, Rule 5 and the time delay would need to be argued in court.

There are other ways of collecting monies owed and I am surprised that these were not advised to you at the time.

Bailiffs are regularly unsuccessful, in particular against serial debtors and rarely try very hard making them in fact just about the most inefficient way of collecting debt.

There is nothing stopping you applying to the court and seeking permission to issue a warrant of execution, but be prepared to have it disallowed on the basis that longer than six years may not be considered reasonable.

[merlin]

Re: Sold Stolen Vehicle - How Long Do I have to Claim Please?

You will need permission from a court in order to attempt to enforce a warrant that is over six years old. Permission to issue certain warrants is covered by CPR Schedule 2 CCR Order 26, Rule 5 and the time delay would need to be argued in court.

There are other ways of collecting monies owed and I am surprised that these were not advised to you at the time.

Bailiffs are regularly unsuccessful, in particular against serial debtors and rarely try very hard making them in fact just about the most inefficient way of collecting debt.

There is nothing stopping you applying to the court and seeking permission to issue a warrant of execution, but be prepared to have it disallowed on the basis that longer than six years may not be considered reasonable.

Thank you Cetelco, I will contact the court. No other ways of collecting the money was advised at the time. Would I be able to use these now and what would they consist of.

Regards

[Guest]

Re: Sold Stolen Vehicle - How Long Do I have to Claim Please?

Before you can do anything, you will need to seek the permission of the Court to reissue the warrant. Once that has been granted, you can enforce it in a number of ways, including but not limited to a Statutory Demand, a writ of fieri facias, an attachment of earnings order, a third party debt order or a charging order.

In order to apply to have the warrant reissued you must complete an N445, which can be found here http://www.hmcourts-service.gov.uk/c.../n445_0499.pdf