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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 23736
Experience:  Senior Partner at Berkson Wallace
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I have recently taken a car garage to court as they sold and

Customer Question

i have recently taken a car garage to court as they sold and unfit vehicle - the court found in my favour and i have to get high court enforcement to attend and get my money - i am still i have the vehicle the garage have not been in touch to collect the vehicle where do i stand with this
JA: Where are you? It matters because laws vary by location.
Customer: England
JA: What steps have you taken so far?
Customer: i attempted to arrange collection of the vehicle - he has not contacted me
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 10 days ago.
Category: Law
Expert:  Stuart J replied 10 days ago.

Hello. Thank you for the question. It is my pleasure to assist you with this today.

Please bear with me as I will be online and off-line from time to time and therefore, may be delayed getting back to you. You will receive an email when I reply.

Sorry to hear this - can I ask who you are waiting to collect the car?

and are you owed money?

Customer: replied 10 days ago.
I was under the assumption that if the garage returned the funds before the deadline they would have the car back from me. The garage didn’t pay I then applied for a high court writ for control of goods. The garage have now paid the high court enforcement agents but have made no mention of collecting or wanting the car back. I am waiting for my funds to clear through the high court enforcment - the garage have not made contact with me or made any reference to the high court enforcement agent that they require the vehicle back. So my questions is can I keep the car if the garage do not want it back
Expert:  Stuart J replied 10 days ago.

Depends on the terms of the order but normally the car would know longer belong to you if you have been refunded.  My suggestion would be to arrange to deliver the vehicle back to them although you would be entitled to recover that cost from them through court once again, if necessary.

Customer: replied 10 days ago.
My court order states he has to pay the value of £8k there is no mention of returning the car
Expert:  Stuart J replied 10 days ago.

It would obviously be unfair if you had the full GBP8000 back and kept the car if that was the value of the car so I think you can take it that you need to return it.