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UKSolicitorJA, Solicitor
Category: Law
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Experience:  English solicitor with over 12 years experience
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I was served a CCJ three weeks ago. It related to a vehicle

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I was served a CCJ three weeks ago. It related to a vehicle purchase in 2004 which I returned in 2006. I had no contact from the company that I bought it from during the interim period (8 years). They claim I did not return the vehicle and have sought a money order for the cost of the vehicle plus interest and legal costs which now are approx £10K. I applied to have the judgement set aside and this was granted last week without any difficulty. I have now to present a defence.
My question is how do I prove that I do NOT have something?

I have not had possession or use of the vehicle since I returned it in 2006. I am not aware of its location. The vehicle has not been taxed, SORNed, MOT'd, insured, and has not been sold, transferred, scrapped or exported according to DVLA. I have no records of that time being 8 years ago its even longer than I keep my tax records.
I was given a statement by the company that supposedly details their attempts to find me, however so far everyone I have contacted on the list of addresses they approached has denied IN WRITING in the form of witness statements that I have not been resident at these addresses and that they have not been contacted by this company.

Can anyone help or should I get a local solicitor to act for me?
Hello Nigel,

Sorry to hear about your problem.

You may want to appoint a local solicitor to assist you with defending the claim and as part of the defence, you may make a statement that you returned the vehicle to the seller in 2006 and give as much detail as you remember e.g. where you last saw the vehicle, to whom did you hand the keys to etc.

You may also raise the point that the claim may be time barred under the Limitation Act 1980 as claims under contracts should normally be brought within 6 years and you purchased the vehicle way back in 2004.

It is up to the seller to prove that you did not return the vehicle, not for you to prove that you did return it.

Hope this helps
Customer: replied 4 years ago.

ok thank you for your prompt reply, I have been attempting to reply to your answer for three days now but this is the first time I have been able toget the system to accept an answer.


I was hoping that in asking for a 'detailed' answer would have brought forth some more definite information.


can you provide any more information (or link to it) on the Limitations act and how I can assess if it is applicable to this case?


can you be more specific about the need for the claimant to prove i didnt return the vehicle?


As I mentioned in my initial contact I do not know how to prove I dont have the vehicle, the claimant obviously believes I havent returned it but how could THEY prove I didnt?


Is there any precedence on this that you could point me at?


Is there a particular field for choosing a solicitor for this work ie, legal, contract or other specialisation?


Is there any guidance on counterclaims and what i can reasonably claim? after all they apparently have had registered a ccj against me which must significantly damage my credit rating, i have these costs and those of a solicitor for this action as well as my time, not to mention the damage to my already medically depressed state.?



Thank you.


You may read more on the Limitation Act here:

If you purchased the vehicle in 2004, the time limit for them to make a claim for the purchase price expired in 2010, 6 years after the contract to purchase the vehicle;

Burden of Proof

See here how the burden of proof works, the claimant has to prove that you either took the car or did not return it back if that is what they are saying:

It is a civil claim so a Solicitor with litigation experience should be of help. You may approach a few solicitors first and then see which one to choose.

There is no specific precedence here, each case will have unique facts.

Your solicitor will be able to advise you about whether or not it is worth making a counterclai, see here for some more information about the risks with making counterclaims:

Hope this clarifies

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