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Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Where to start! I sold an item to a purported friend with

Customer Question

Where to start!
I sold an item to a purported friend with the intention of being paid with installments over a 12 month period. I have only received £5000 towards the debt of £80,000 car.
I put a clause in the assett loan agreement/ conditional sale agreement that states that that the assett will be registered in the friends name however this does not affect the ownership of the assett, which will be owned by me until paid for in full.
Can I just go in and collect the vehicle without a court order, he will not let me take it so will have to employ someone to uplift it.
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you with this.
Sadly no you can't just collect it.
You need to write and set out your losses and request a payment within 14 days or say you will go to Court within 14 days. You should make sure you send this signed delivery and keep a copy.
If they do not pay you then you can issue proceedings in the County Court. You can either do this online at: or by completing form N1 and take it to your local County Court.
The Court will then issue a claim which a copy will be sent to the Defendant who will have a limited time to defend it, if not you can enter Judgment and enforce.
If the claim is for £10,000 or less it will be a small claim so you will not need legal representation. Over this value you would need representation for trial. You are asking the court for delivery up of the vehicle
Can I clarify anything for you about this today please?
Customer: replied 1 year ago.

Thank you for your response, however If i still own assett as per the agreement then surely I can just collect it?

I just have difficulties in understanding what to do, if I go for money claim or return of goods order by the time I have it the asset will either be sold on/misplaced/or untracable.

Surely there is something I can do to protect the assett?

Expert:  Ash replied 1 year ago.
Sadly not, you are assuming the rights as the owner. You can go for return or in the alternative the money claim.
Its like someone having a car on Hp. Whilst the HP company is the legal owner, the person is treating it as theirs.
Does that clarify?
Customer: replied 1 year ago.

if i go for return of goods, how can i be sure they dont sell it before hand or that the goods go missing

If i get a return of goods order and its then sold can I then collect it from whoever has bought it?

Expert:  Ash replied 1 year ago.
If they sell it then you can still claim it back. They can't sell it as they do not have title. Once you get the Court order you can just go and pick it up whoever has it.
Does that help?
Expert:  Ash replied 1 year ago.
I am just following up to see if there is anything else I can help with?
If this answers your question might I ask you to rate my answer before you go today please, the button should be at the bottom of the screen.
If you need more help please click reply.
Customer: replied 1 year ago.


I have today been with a barrister at Trinity chambers who have advised differently from you and advised that i can indeed collect my own property from the defaulter following them reviewing the paperwork. The delivery up of goods relates to consumer related goods transactions and intention of ownership was never meant to go until final payment is made.

I am expecting this in writing later today and will act on their advice on this occassion.


Expert:  Ash replied 1 year ago.
Technically it would be theft as its assuming the rights of the person that has control over it. There is case law on the point.
A man dropped his car off at a garage for it to be fixed. There was a dispute over the bill and he went to get it at night and took it. He was convicted so be careful.

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