Can I sell or scrap a car awaiting warrant of control from bailiffs

[ClarkeO]

Hi can someone advice me. I bought a car that was not fit for purpose as it had been involved in accident and the seller did not inform me. The car had faults which I couldn’t repair. I sent him letters and took it to court and he ignored my letters an even CCJ judgement. I am awaiting for bailiffs to go out and recover my money. Can I sell or scrap the car since he has completely ignored me and the car is blocking my packing space. Any useful advice will be highly appreciated. Thanks

[des8]

When you won in court were you ordered to return the car or make it available for collection by the defendant?

[ClarkeO]

Hi thanks for your post. The seller refused to reply to all correspondents sent to him. I first sought advice through Citizen Advice Bureau and they asked me to write him three set of letters notifying him of the issue and that I will take him to court if he doesn’t agree a resolution. He received all of them and ignored me. I then filed a small claim case and the small claims court wrote him notifying him of the claim and asked him to respond, he still ignored it after which I filed a county court judgment online. The judgment was passed to him but he still did not respond. Now I have filed enforcement for bailiffs to be sent by the court. There was no where it was stated that I should return the car to him or what I can or cannot do with the car. But the problem is that it’s occupying packing space as I have another car and desperately need to get rid of it. Sorry for the details it’s just to make you know the full situation so you can advice me correctly. Thanks*

[des8]

Write (first class sent with free certificate of posting from post office) giving him xx days to collect the vehicle.
Warn him that under the Torts (Interference with Goods) Act 1977 you have a statutory right to put him on notice to collect and if he fails to do so, you can legally sell the car and deduct any costs/expenses of doing so. The balance is then sent to him.

Are you sure he has sufficient assets for the judgement to be enforced? If not keep hold of any balance due to him till enforcement has been completed

[ClarkeO]

Hi, thank you very much for the advice.*I shall write him as you recommended. He has more than enough assets to enforce the judgement as he is a sole trader with a garage/ storage unit full of cars and trucks that he sells. Why he has chosen to ignore court judgement still baffles me. I do appreciate your help.*