Following our update on potential new rules for debt claims and Neil ‘Razor’ Ruddock’s “do you know who I am?” moment when he was tackled by the High Court Enforcement Officers in ‘Can’t Pay? We’ll Take it away’, we have taken a lot of calls from clients who have received court papers and want to avoid a similar fate.
The Golden Rule is always – do not ignore.
Even if you think your customer has no chance, he or she actually has every chance if you do nothing.
We have seen a few cases recently whereby a customer has made a claim (www.moneyclaim.gov.uk), the dealer has not responded within 14 days and so the court has made a judgment for the entire amount claimed (often for the total sale price) and not only that, there has been no mention that the customer has to give back the car and so the dealer potentially loses the case, a lot of money and the car!
Now the County Courts are not supposed to penalise, that’s the job of the criminal courts, but such scenarios do happen and whilst we will always try and help our clients dispute such a decision, we are legal advisers and not magicians and so please act early and help us to help you if you find yourself on the wrong end of a claim.
In addition, if you are the Defendant in a Court case and it is decided you need to refund all or part of the price of the car, make sure the Judge includes in the Judgment that you should have the car returned to you.
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