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Ash
Ash, Solicitor
Category: Law
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Experience:  Solicitor with 5+ years experience
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I puchased a 12 year old vehicle from a trader last November

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I puchased a 12 year old vehicle from a trader last November for £3,200.00. Immediately following purchase, I drove it some 250 miles to my home. Upon examination a day or so later, I discovered serious engine defects which I had confirmed by my garage who made a written report. About 10 days after purchase I wrote at length to the seller setting out the faults and giving Notice of Rejection per the Consumer Rights Act. I later wrote further to the seller when I had a more detailed report.
Having received no reply, I commenced a Money Claim on Line for the purchase price plus expenses and interest. The seller ignored this claim and about 5 weeks ago I obtained a default Judgement. Again no response.
My question is can I now dispose of the vehicle before commencing enforcement measures and advise the Bailiff to reduce the amount he seeks to recover accordingly or must I apply to the Court for an Order authorising sale? Being a Money Claim, I could not seek any order on this aspect in my claim.
Submitted: 10 months ago.
Category: Law
Expert:  Ash replied 10 months ago.

Hello my name is ***** ***** I will help you with this.

What was the value of the claim please? I assume you sought the full sum back?
Alex

Customer: replied 10 months ago.
My judgement is for £3,684.73 for debt + interest to judgement + £185.00 costs to be paid forthwith.
Expert:  Ash replied 10 months ago.

OK - you need to write and let him know that you are going to dispose after 30 days.

If he does not respond then you can sell it and apply the proceeds to the Judgment debt.

Unless you asked the Court for such an order then you need to give 30 days notice.

But once you have done, then you are free to do so

Can I clarify anything for you about this today please?
Alex

Customer: replied 10 months ago.
Thanks for that Alex. I am pleased to hear that I can sell the vehicle. However, I do not trust the seller and I am concerned that he will take any point available. As I told you, I was not able to ask the court for an Order when making the claim. Bearing in mind that I rejected months ago, can you please give me the authority for the 30 day notice being required so I can deal with any challenge as I have not been able to find anything and I am currently paying storage charges so would like to get rid of it ASAP.
Thanks
Martin
Expert:  Ash replied 10 months ago.

Its common law in the UK so no statute.

Does that clarify? Alex

Customer: replied 10 months ago.
Appreciate no statute but can you give me a case reference supporting the 30 days in a sale of goods situation where notice of rejection and judgement ignored?
Thanks
Martin
Expert:  Ash replied 10 months ago.

Its not sale of goods Martin. The Courts expect you to give reasonable notice. 30 days is reasonable.
Your other option is to seek an Order from the Court.

That alone will be £255 for an application fee to the Court.

Does that clarify?
Alex

Ash, Solicitor
Category: Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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