Car sale leading to legal action advice (Not Corrado or Forum related!!)

[Goldie 2]

Im a little bit embarrassed to air this but i after some opinions as to my options..

 

Scenario...

 

I sold my Bora earlier in the year to a colleague, he asked if i could hold it for him until he got the 2k together. I said ok, i will leave the car in a safe place and won't use it then when you are ready, job done...

 

Next thing, he turns round, gentleman's agreement, id be doing him a favour. Having known him a while i think ok, agreement for 500 a month till balance clear.. I sign car over..

 

You can guess the rest..

 

Where do i stand with this, i have a signed receipt from both of us stating dates to be payed, i have bank statements to show no transfers and i highly doubt he will have withdrawn cash on those dates to make it look like a cash purchase..

 

I feel like a complete fool, i now trust absolutely no one as a result which is awful..

 

Constructive advice please.....

[Wild-Animal 0]

I know of a building business lent one of the workers 6k as his mother was in tough times with her mortgage so they lent him the 6K and the agreement was made in paper that he would pay so much back every month before his wages went to him.

 

So he got the money, packed up and left. I know they think they will never see the money again. As even if they could prosecute him, then there is no guaranteeing he would have the money anymore. He is out of a job and the 6K prob cover him for so many months before he is skint.

 

Does the chap not work with you still?

 

Pop round to his house for a little chat?

[Goldie 2]

I have contact with him..

 

He couldn't lie straight in bed though, everything he says is rubbish.. Car for sale, no advert to be found, car is on a forecourt, no name of the garage known. Going to give me some cash, never happens. Got an Alfa, his grandad gave him it after he took mine..

 

Final straw, i got to see his holiday snaps on Facebook earlier in the year, obviously his friend payed for that..

[Dox 23]

His name may be on the V5 but as he's not made any payment the car is still yours.

 

I'd go and get the car from him, don't be fobbed off with promisses of payment, just take the keys and drive the car to a safe hiding place

[Jim 2]

Hate to say it, but could you not take him to small claims court? Can't understand the mentality of someone who'd do this - so good luck. It's fortunate you got the written receipt with dates of the payment and the agreement you made - I don't see why that wouldn't stand up in court.

[Dox 23]

I spent 8 years of my life debt collecting, give them an inch and they'll take a mile, if he takes the scummer to court he still may never get his money back. Get the car back and sell it again would be the simplest solution to this problem.

 

---------- Post added at 10:49 AM ---------- Previous post was at 10:01 AM ----------

 

If you both work for the same company then I'd also make your HR department aware there is a problem between staff members and the reason why, not only would this lead to the scummer to know you're serious about recovering your money it puts him on the back foot not knowing what you're going to do next. You may well think its nothing to do with work, but if you didn't work together you'd never have taken him at his word and if he pushes you to your limits and you snap and grab the scummer by his throat it will be on record you have reported an issue previously. A quiet word from HR might get the ball rolling.

 

These people are in every street and every workplace in the country, robbing Peter to pay Paul is a way of life - nothing to do with the recession or the current climate, its how they roll...........................

 

Others who work with the both of you may well have been ripped off too?

[iR6 0]

Report the car as stolen, as thats effectively what he has done.

[jamiehamy 0]

I would try get the car back - having it loaded onto the back of a flat bed is not illegal - do you know where it is? Did you keep a spare key? If so, I'd think carefully about the best time and go take it back - it's not theft, he's only the Keeper, not the owner.

 

I would however apply for a new V5 for the car - you can do that easily using a standard form - the keeper will get a notification - will put the wind up him as he'd have to actively contact the DVLA to stop it. He will have two weeks to do that.

 

You have receipts to say he would pay - that's a lot better than nothing. Would steer clear of Police at the moment - they would probably regard it is a civil matter, so best keep them out for now (in my opinion, but i'm not a lawyer).

[tentonhammer 10]

I'll spare you the 'in hind sight ' comments as you have probably already thought of these. Sounds like the guys is a complete tool TBH and needs a good kicking.

 

However, I would have thought that as no payments have been made (especially as you have gone to the lengths of drafting a written agreement etc before hand) the car still 'legally' belongs to you regardless of whether it's now in his name etc, I'd double check with the Police on this. If the car does legally belong to you then simply report the guy to the Police saying he's nicked your car keys AND your car. If he's sold the car on he may well be liable for handling stolen goods as well.

 

Might be worth telling said tool that you are getting the Police involved anyway.

 

Good luck

Edited November 6, 2012 by tentonhammer

[C5 OEM 0]

So he still has the car....? i`m afraid i`d be taking it back and giving him a slap as well.

[Goldie 2]

He still has it, i don't know where though and i don't have keys...

 

I am in the process of speaking to citizens advice.. Seems small claims could be an option, I'm sure a slow one..

[Dox 23]

There is no theft in the eyes of the law, the keys, car and V5 were given freely, its a civil debt as the car has not been paid for in full - whether this can be proved is uncertain.

 

Scummer is taking the ****, what is needed is to give him a wake up call to get this debt to the top of the pile and be a priority. Any decent HR depts door should always be open for problems in the workplace........ Fight dirty with both hands firmly in your pockets as slapping the scummer in the face will most likely end up with OP being in more trouble than the scummer.

[BILLCOR 1]

If he's a colleague, report him to your CO, although its a civil matter, it could affect your work if you are having to work alongside the arse.

[Goldie 2]

Already done Bill.. Its created a whole world of bad feeling but like you say civil matter.. Im on a different platform to him now..

[Wendy 0]

I hope you manage to resolve this, but do stay above him on this and do not hit him, as much as I would want to too.

 

I have a similar issue, sadly with a nephew which I do not feel I am in position to do anything about.

Don't think he will be turning up on my door anytime soon !!!

[Goldie 2]

I won't be silly. All I want is the money.

 

I had wondered about the theft angle. Ill pursue the court option. He is very unhappy at being taken to court but not to worry.

[Butterfly 0]

Small claims court is very easy to do.

But getting a win in your favour doesn't mean you will get paid. Just if he doesn't pay (or return the car) in the given time he gets a CCJ loaded against him = even more difficulty in getting credit/loans which is probably why he can't pay you in the first place.

 

But if he doesn't have CCJs already and if he has any knowledge of the financial world he will do everything he can to make sure the matter is resolved before the given time.

Good luck.

[corrado_sunderland 0]

Is this in durham,if it is get his address off hr and ill go over in a black coat as a bailiff,just wait outside his house and ill basically take the car off him as long as hes not some huge meathead as then its just too much work for me :lol:

[C5 OEM 0]

Sorry I could not walk past the guy in work knowing he`s bent me over and shafted me....

 

This is how it makes me feel....

 

[Goldie 2]

It isn't in Durham...

 

Interesting stuff about defaulting, CCJ wise.. Yeah i get the impression he isn't mr reliable all round now...

[ANDREW 30 0]

Surely taking the car back is the most straight forward option for yourself

[Goldie 2]

Even if i did know where it was does that not mean he has had 7 months car rental free? Could i bill him for it?

[VR6 0]

You must be able to at least find out where it's registered?

 

I'm not suggesting violence for a second ... but why not take 3 or 4 big friends with you and basically just turn up at his house. A lot of the time it's so easy to avoid an issue ... until it's standing on your doorstep suggesting that you may have your fingers cut off :grin:

[Dox 23]

How much did you sell it for compared to its value now? VAG diesels are highly sought after, it might be worth looking at prices of similar cars currently for sale.

 

I'm glad you now appear to have the upper hand, be ready for another payment offer and reject it straight away, I'd take the car back if it was offered to me in these circumstances......................

[Goldie 2]

I had a payment offer this morning, denied...

 

No talk of the car yet....