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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11559
Experience:  30 years as a practising solicitor.
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Contractual breach over non payment for sale of car.

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I sold a car to a friend in September 2010. I transferred ownership logbook to his name. Our contractual agreement was full payment of £13500 within 1 year.

Due to certain issues he was unable to pay me within this agreed time of 1 year. However, I carried on pursueing him for the money until November 2012 when I decided to sign up another contract stating that he either pay off the remaining balance of £5k or return ownership of the vehicle with all particulars back to me by the end of January 2013. Neither has happened and it is now April 2013.

The total time he has had the vehicle is 33 months. The car is now worth £8k. Due to the contract being breached twice by him. Can I now reclaim ownership of my car as contractually forfeited his right in keeping it?
Thank you for your question.

Yes, you can raise an action for delivery of the vehicle under the terms of the second contract if he doesn't voluntarily return the vehicle.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 4 years ago.

Thanks. Could you please expand on this.


What is the least cost and quickest way to raise an action to recover the car?

You will need to get your solicitor to draft a court summons for delivery. The summons is sent to court for a warrant and is served on the other party. If he doesn't defend the action the court grants the order for delivery. If the action is defended the other party has to lodge defences and the sheriff will hear evidence and make decision. The case could take about six months to be heard and could cost around £2000 depending on the time involved. Your own solicitor can give you a note of his own fees as these will vary from place to place. A broad estimate would be about £190 per hour.
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