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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70701
Experience:  Over 5 years in practice
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Good afternoon, I had a car trader sell my car for me under

Customer Question

Good afternoon, I had a car trader sell my car for me under his brokerage system, The car has sold and I can't get him to give me the money he owes after his percentage, I have sale documents and emails stating he can pay me back in 4 monthly instalments but not the full amount. This has been going on for 3 months now and if I take him to the small claims court for £6760 plus interest will I stand to get my money.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
Why does he say he shouldn't have to pay please?
Customer: replied 3 years ago.
Hi Jo
That's the problem he keeps saying he will pay in 4 instalments but never does, i originally bought a car off him and in turn he said he would sell my old car and take his percentage.
Expert:  Jo C. replied 3 years ago.
Has he given you specific dates for payment?
Customer: replied 3 years ago.
Only verbally, the first one should have been end of September but it has been going on longer than this
Expert:  Jo C. replied 3 years ago.
Thank you.
Ultimately, you will have to take some legal action over this. There is no other way of forcing payments.
What you need to do is send him one letter or email saying that he has seven days to make payments or propose instalments and in defaults you will sue.
Obviously he may make various offers and then not comply with them but if he does not then you will be in a position to act against him.
If he does not then just issue against him at the small claims court. It's very unlikely that he would fail to take you seriously at that point. Suddenly debts become priority when people think that they will be sued.
Can I clarify anything for you?
Jo
Customer: replied 3 years ago.
Will I stand to lose or not get my money at all from court proceedings if he says he has no money, although he says he can pay instalments but not lump sum
Expert:  Jo C. replied 3 years ago.
There is always that risk. It's one thing to get judgements and another to get the money.
However, at the moment you're almost certain to get nothing. At least if he goes under you will be a preferential creditor with a CCJ.
Also, often people do not take that point. Often people who are men of straw do just concede and pay because they don't know that they are men of straw and could escape payment if they contested it.
The simple truth is that it is better to do something than nothing.
Jo C. and 2 other Law Specialists are ready to help you
Customer: replied 3 years ago.

Hi Jo, just checking if you can assist me more, on my request and after 14 days no reply from the defendant judgement was entered against him on the 29th October 2014. What happens now please?

Expert:  Jo C. replied 3 years ago.
he will be sent judgment with 28 days probably to pay.
He may try to set it aside.
If he does not then the funds are due within 28 days.
If he does not pay then you can apply to send bailiffs in.
Customer: replied 3 years ago.

how do you mean set it aside?

Expert:  Jo C. replied 3 years ago.
Try to get it set aside. Removed.
Judgment in default is sometimes set aside.
Customer: replied 3 years ago.

so I may have to submit all forms again and will the court notify me he sets aside?

Expert:  Jo C. replied 3 years ago.
Yes, but all that will happen if he does is that it will be set down for trial.
Customer: replied 3 years ago.

so will he be ordered to pay something if i'm successful in my claim? he must have assets?

Expert:  Jo C. replied 3 years ago.
Yes and yes he probably will