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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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I was trying to start-up a company with some people I thought

Resolved Question:

I was trying to start-up a company with some people I thought I knew. I took finance out for three secondhand cars so that we could get out and about on company business. The cars were registered to three different people who agreed to pay me the the cost of the finance for the vehicle that each had.
One of the three has now left the country without settling his debt to me and leaving the car with his friend. Can I recover the vehicle from his friend and sell it to clear the finance debt?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.
Do you have a credit licence at all?
Customer: replied 1 year ago.
No, unfortunately for me it was done as a trust thing between us as he could not get the credit, I now understand why.
Expert:  Ash replied 1 year ago.
Indeed. Sadly you would need to apply to Court for the debt or delivery of the car. But in reality the delivery up of the car will probably fail because you dont have a Consumer Credit licence and therefore do not have a legal interest in the car.
You need to write and set out your losses and request a refund 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 refund you then you can issue proceedings in the County Court. You can do this or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf and take it to your local County Court. You are asking for Judgment on the sum and/or delivery up of the vehicle.
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.
Can I clarify anything for you about this today please?
Alex
Customer: replied 1 year ago.
No thanks, that's all the information I need.
Thanks for your help.
Expert:  Ash replied 1 year ago.
Good luck
Alex
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