Toyota MR2 - Won Small Claims Case - What Next? - newyorkmonroe

Hi - I purchased a car from a dealer a year ago and it had loads of faults wrong with it which i wasnt told of at the point of sale. The dealer refused to take the car back so i took him to court. I won the court case yesterday and the judge ruled for the dealer to pay me my money back within 14 days. The dealer said he is going to apply for an appeal as he feels the judge was unfair, he has sent me an email saying he is going to instruct a lawyer. He has sent me the following ' we will take the car back but as its been a year we will give you £400 less this will cover our costs of collection and as its been parked up for a year there will be lots more issues with it, if not we will be putting in an appeal'

Of course i wont be accepting his 'offer' as i won the case fair and square. And if he doesnt pay within the 14 days i will instruct the court for a warrant, however, i wanted some advice on what actually happens with the car, the judge only ruled that the dealer had to pay me the money back in 14 days and nothing was said about the car? Does it have to be returned? What if they pay in installments? And if it gets to the point of having to instruct bailiffs to get the money back what do i do then? - Anyone whose been in a similar situation id love to know your thoughts!

Please note i did call the court to ask what happens next and how i receive payment and he just told me i would receive a payment direct from the losing party and usually by cheque. But he couldnt tell me what happens with the car.

Edited by newyorkmonroe on 28/04/2017 at 19:52

Toyota MR2 - Won Small Claims Case - What Next? - bathtub tom

Don't do anything. The court has told the dealer to refund the money, It's up to him to arrange collection of the car.

If he doesn't cough up, you can raise the case to the high court and let sheriffs deal with him. See 'the sheriffs are coming' BBC1 and 'can't pay we'll take it away' ch5.

Toyota MR2 - Won Small Claims Case - What Next? - focussed

It is possible to appeal against a small claims court judgement only if there was some sort of irregularity in the proceedings, or if it can be proved that the court made an error in law, a notice of appeal must be filed within 21 days of the judgement.

So the dealer is probably giving you a load of old flannel - because he thinks the judgement is not "fair" is not a valid reason to appeal it would seem!

And be aware not to accept and bank a part payment - that could be construed as accepting that payment in full and final settlement.

Edited by focussed on 28/04/2017 at 23:19

Toyota MR2 - Won Small Claims Case - What Next? - SLO76
Out of curiosity what age was the car, mileage and price you paid? What faults did it have?

Toyota MR2 - Won Small Claims Case - What Next? - 72 dudes

Just to answer the question about what happens to the car. Of course it has to go back to the dealer, otherwise you would be seen as being in a better position than you were before the deal took place, which would be unfair to the dealer.

As BT says, escalate the case to the Sheriffs if you don't receive payment within the alloted time. In fact you could probably start now as the email from the dealer clearly shows intention not to pay.

Toyota MR2 - Won Small Claims Case - What Next? - Falkirk Bairn

If the dealer fails to pay the Baillifs are teh way to go - hold on to the car until the money is in your hands.

Failing to pay & involving Baillifs will increase his payments considerably - I would think he will crumble & pay out before the 14 days!

Toyota MR2 - Won Small Claims Case - What Next? - concrete

I once had a judgement in my favour and the business in question did not pay on time. Even after several reminders. I went back to the small claims court and filed the information and the bailiffs then collected the debt by going to the business premises to clain goods to the value of. He closed the premises, so the bailiffs went to his house (he was a sole trader) and his wife paid up. Follow the procedure. It is slow and cumbersome but once set in motion it does work unless the debtor is potless!!

The car will have to go back of course but not until you have the money safely paid into and cleared into your account. Check with your bank to ensure any cheque or payment cannot be clawed back at anytime. It sounds like he wants a second bite of the cherry, but too late. A point of law will be his only grounds for appeal, not court procedure. The judges do this daily and rarely make errors. As this case is a simple one under consumer rights legislation I think he has no chance of an appeal being mounted let alone successful. Write to him recorded delivery saying when and how you want the money in full and then the car will be handed back. If he fails to comply with your reasonable terms for settlement then go back to court. Don't tell him that or threaten him, just do it. Good luck. Cheers Concrete

 

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