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Ash
Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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Responded to an advertisment Ford Focus, inspected the

Resolved Question:

responded to an advertisment for a Ford Focus, inspected the vehicle and agreed a price with
Mr Ashley Roberts of 12 Cheviot Walk, West Green, Crawley, West Sussex, RH11 7CZ.
At that time he completed the necessaary details in Part 1 of the V5C and handed me the V5C/3.
Unadvisedly, I completed the transaction by paying £3200 into the account of Miss Sharon Hulse of the same address at his request.
The same day , the vehicle was delivered to my address.
The emergency which occassioned me taking this hasty action did not transpire so I was not concerned at not receiving an new V5C from the DVLA promptly
Shortly after I received an offer for the vehicle but the offer was withdrawn when an HPI check revealed that there is outstanding debt on a Hire Purschse Agreement, number 00021178 with Credit4Cars Ltd.
Attempts to sort this out with Mr Roberts have failed in that there is no response either from his address, his email or texts to his phone.
I have advised Credit4Cars that I have possession of the vehicle and they have advised me that Mr Roberts has committed a criminal offence by selling the vehicle, that they are the legal owners of the vehicle and that I am not at liberty to sell it.
The vehicle is stuck on my drive and Credit4Cars Ltd is ignoring my requests to remove it.
I feel that it is necessary for them to take possession before I can take any steps towards recovering any money from Mr Roberts. Is this true?
One further point is that when I attempted to SORN the vehicle the DVLA tell me I cannot as I am not the registered keeper, which suggests that Mr Roberts did not forward the V5C/1,
I think I could be made the registered keeper but that would cost and as far as I can see it is in my interest to have no legal responsibility for the vehicle.
I seem to have two issues, 1 What can I do to get my money back, and 2 since Credit4Cars is ignoring mr requests to remove the vehicle and I am not the registered keeper, do I have any legal responsibility for the vehicle or can I just remove it to the highway?
Submitted: 1 year ago.
Category: Law
Expert:  Ash replied 1 year ago.
Hello my name is ***** ***** I will help you.Do you know the address of Mr Roberts please?Alex
Customer: replied 1 year ago.
The address is given in the question
Expert:  Ash replied 1 year ago.
1. Get money back: 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 either do this online at: www.moneyclaim.gov.uk or by completing form N1 http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n001-eng.pdf 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.2. Legal responsibilityYes you do whilst it is in your care. What you can do is write and give them 28 days to collect or say you will dispose of it. If they dont then you can and apply the proceeds to the sums you have paid and need refunding.Can I clarify anything for you about this today please?ALex
Customer: replied 1 year ago.
Can you amplify or explain "apply the proceeds to the sums you have paid and need refunding"
Customer: replied 1 year ago.
They have said I am not legally able to sell
Expert:  Ash replied 1 year ago.
You have paid sums for the car that you are seeking to get back. If Credit4Cars dont collect and you dispose of the vehicle, if you get anything for it, it must be put towards the debt of Mr Roberts.So if you paid £5000 for the car but you get £2000 scrap, then you get £3000 remaining from Mr Roberts.Does that clarify?Alex
Customer: replied 1 year ago.
Yes thanks. No-one will buy the car from me as there is outstanding debt so I will only be able to scrap it, but as I am nmot the registered keeper and have no V5 document there is a problem. Can I for instance put it in a paying car park and advise Credit4Cars with no liability to myself if they do not respond?
Expert:  Ash replied 1 year ago.
Potentially but there is no point making things more difficult. You could take it to an NCP car park yes and leave it there.Can I clarify anything else for you?Alex
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