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Joshua
Joshua, Lawyer
Category: Traffic Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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hi i sold a friend of mine a car last sept with an agreement

Resolved Question:

hi i sold a friend of mine a car last sept with an agreement to pay me back monthly over 5 months first 2 payments was ok then after i didnt hear anything again so i held back on sending off the log book. Every month now there is a ticket coming for some sort of offence (parking, bus lane etc... i have notified her about it she does not reply she has got that little piece of yellow slip that she use to tax the car, i need my car back and to get her to pay these fines what can i do as the car is still in my name.
Submitted: 2 years ago.
Category: Traffic Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

May I ask if you have any written agreement as to your arrangement - particularly the price paid and the repayment arrangement please?

Customer:

yes we did a written agreement but that went through the window after the 2nd payment i sold her for 3500 now she owes me £800

Customer:

she ment to pay me £500 a month

Joshua :

Thanks. In your agreement did you agree that title / ownership of the vehicle would only be transferred following payment of the final amount?

Customer:

No I didn't put that in writing only just about the payment that's on paper

Joshua :

Thanks. Though not necessarily obvious there are a number of issues (aside from the very obvious issue that she has failed to pay what was promised) with the arrangement you have agreed.

Until she has paid for the car in full then title remains with you however you have not changed the registed keepership for the vehicle which makes you the default person that will be contacted for any parking or traffic offences though you can dispute all such matters on the basis that you were not driving the vehicle. However you will be liable to tax the vehicle as the registered keeper as and when this comes up unless she voluntarily pays this herself.

Joshua :

There are two potential ways in which you can consider pursuing this matter: the first is requesting the assistance of the police having requested the return of the car though you would need to disclose the arrangement to them and they may be likely to refuse to assist citing that it is a civil matter.

Joshua :

The alternative is to seek the return of the car through the courts. You could consider serving upon her a statutory demand which is the first step towards bankruptcy and can be served without any cost if she owes more than £750. This can be enough on its own to encourage reluctant individuals to pay up.
https://www.gov.uk/statutory-demands/overview

Joshua :

If you prefer you could instead issue a small claims claim in the County Court for recovery of the money owed plus interest at 8% per annum under s69 County Courts Act plus costs which can be issued using www.moneyclaim.gov.uk. Once judgment is obtained if she has not paid before, you can then enforce the judgement using baliffs or a variety of alternative approaches.

Joshua :

Is there anything above I can clarify for you?

Customer:

I want to pay her back the money I don't wanna sell her the car again because she has broken the agreement I am going on holiday and I have sworn the car off the road to cover my self, as in i dnt want the car to be in use.

Joshua :

Thanks. I think you are treading on slightly dangerous territory here by SORNing the car. By doing so you are declaring that the car is not being used and is kept off the road. Based on what you say you will not know that this is the case as you do not know the location of the car. You could potentially be exposing yourself you criminal liability by making a false SORN declaration.

Joshua :

I think you may need to reconsider that move and clarifying the position as soon as possible with the DVLA.

Joshua :

Regarding your position contractually you have agreed a sale of the car already from what you say but the buyer has not paid you in full. Having agreed a sale of the car, it is not possible to unilaterally cancel the agreement though you can do as you propose with agreement of the buyer. Your remedy is to make a claim for the money owed plus interest as above, or in the alternative the return of the car be it by way of repossession by bailiffs or voluntary return of the same by the buyer.

Joshua :

Is there anything else I can help you with?

Customer:

Ok but I am gonna keep getting these fines and i don't wanna sell the car again if this is the behaviour of the buyer, so if take it to a small court or use a bailiff is it possible to get back vehicle

Joshua :

If you proceed to the small claims court the buyer will have the opportunity of paying the balance for the car plus interest and costs - in this case you will notify the change of ownership and registered keeper to the DVLA so you receive no further fines etc. If the buyer will not pay or cannot pay then you can seek recovery of the car using bailiffs if necessary.

Joshua :

Does the above answer all your questions or is there anything I can clarify or help you with any further?

Customer:

I just want to know how to seek recovery of my car.

Joshua :

Certainly as we discussed above, there are three approaches open to you.

Joshua :

1) ask the police to intercede though you would need to disclose the agreement between you and the buyer and they may not be prepared to assist following that diclosure claiming that it is a civil matter.

Joshua :

2) ask the buyer to return the car or pay the balance within say 5 days

Joshua :

3) take action in the country court to recover the money owed to you under the agreement plust interest and costs or in default of this an order that the car is returned to you. Following judgement from the court you can seek recovery of the car using bailiffs if necessary by using the following form:

Joshua, Lawyer
Category: Traffic Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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